Rockwall 3rd city in state to pass 2nd Amendment support resolution
ROCKWALL – Rockwall became the third city in the state during the past 30 days to pass a resolution showing its support for the Second Amendment last night when the Council voted 5-2 in favor of Council member Michelle Smith’s resolution to “protect and defend the constitutional right to keep and bear arms.”
The resolution (see below) is only symbolic and does not order anyone to do anything. League City and Gonzalez were the first two cities to pass similar resolutions.
Only Council members David White and Bennie Daniels voted against the resolution, stating that they believed it was unnecessary because all Council members have already taken the oath to preserve, protect and defend the Constitution of the United States.
Mayor David Sweet and Council members Jim Pruitt, Mike Townsend and Dennis Lewis joined Smith in voting for the resolution.
“I’m very proud of what we have done,” said a smiling Smith. “People are worried about losing their Second Amendment rights.”
City Hall chambers were packed with residents supporting Smith’s resolution, about 10 of whom spoke in support of it. No one spoke in opposition, except the two Council members. Some wore homemade stickers that read: “I heart 2A.”
Rockwall High School senior Zach Maginnis, on his way to the Air Force Academy after graduating from high school, said:
“Our rights — specifically our Second Amendment rights — are being threatened by the federal government. As a citizen of Rockwall, I’d like to see my hometown lead by example and prepare a public response to these threats.”
“My constitutional rights feel threatened, my Second Amendment rights feel threatened and then my life begins to feel threatened,” said Rockwall resident Tina Millican.
Mayor Pro Tem David White said his father, Rockwall TEA Party founder John White, had taught him to be a staunch Second Amendment supporter, but he saw no reason for the resolution.
“I’m not necessarily for the resolution,” he said. “It’s not necessarily for the Second Amendment. When I said it’s a ploy to get media attention….” He paused and then pointed straight at a Channel 8 news camera.
Two weeks ago he angrily lashed out at Smith and accused her of “grandstanding for the media” and “pandering to her Facebook friends and political cronies” after she explained that she was going to propose the resolution.
Smith told The Rockwall News then that she was shocked and very disappointed with White for his comments and statement and did not understand why he made them. She has already announced she is not seeking re-election this May.
After the resolution passed, her attorney Matt Rinaldi told The Rockwall News he was pleased that the Council passed the resolution “which the vast majority of residents of Rockwall agree with.”
Following is the actual resolution:
CITY OF ROCKWALL, TEXAS
RESOLUTION NO. 13-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKWALL, TEXAS TO PROTECT AND DEFEND THE CONSTITUTIONAL RIGHT TO KEEP AND BEAR ARMS; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, a government of, by, and for the people has long been a cherished American value and the foundation of our freedom; and We The People’s fundamental and inalienable right to self-govern, and thereby secure rights to life, liberty, property, and the pursuit of happiness is guaranteed in the U.S. Constitution and the Declaration of Independence, and;
WHEREAS, the Second Amendment to the United States Constitution provides: “A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.”
WHEREAS, the Ninth Amendment to the United States Constitution provides: “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”
WHEREAS, the Tenth Amendment to the United States Constitution provides: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people,” and;
WHEREAS, the Texas Constitution, Article 1 Section 23a declares: “Every citizen shall have the right to keep and bear arms in the lawful defense of himself or the State,” in which we should uphold and;
WHEREAS, the Texas Constitution, Article 1 Section 29 declares: “PROVISIONS OF BILL OF RIGHTS EXCEPTED FROM POWERS OF GOVERNMENT; TO FOREVER REMAIN INVIOLATE To guard against transgressions of the high powers herein delegated, we declare that everything in this “Bill of Rights” is excepted out of the general powers of government, and shall forever remain inviolate, and all laws contrary thereto, or to the following provisions, shall be void.” and;
WHEREAS, the United States Supreme Court recognized in United States v. Nixon, 418 U.S. 683, 703 (1974), that the courts do not possess the exclusive power to interpret the constitutionality of any law, and “[i]n the performance of assigned constitutional duties each branch of the Government must initially interpret the Constitution, and the interpretation of its powers by any branch is due great respect from the others;” and
WHEREAS, the United States Supreme Court held in Printz v. United States, 521 U.S. 898, 935, (1997), that Congress cannot issue directives requiring local law enforcement officers, to administer or enforce federal gun control regulation” and;
WHEREAS, the citizens of Rockwall, Texas recognize their duty as law-abiding citizens to act in accordance with the U.S. Constitution and the Texas Constitution, and agree that the right to keep and bear arms shall not be infringed upon by any government or organization, political or otherwise.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROCKWALL, TEXAS, as follows:
Section 1. The citizen’s representatives, City Council and Mayor of Rockwall, Texas hereby call upon our President, our U.S. Senators from the State of Texas, our U.S. Congressman from the State of Texas, our state legislators and local elected officials to join with us in the affirmation of the rights of our citizens under the Second Amendment.
Section 2. The City Council declares its belief that Federal acts, laws, executive orders, agency regulations, and rules which may be enacted with the purpose, intent, or effect of;
• confiscating firearms,
• banning firearms,
• limiting the size of a magazine for firearms,
• imposing any limit on the ammunition that may be purchased for firearms,
• special taxing firearms or ammunition,
• requiring the registration of firearms or ammunition
therefore, infringes upon Texans’ right to bear arms in direct violation of the Second Amendment to the Constitution of the United States, and Article 1, Section 23a of the Texas Constitution and, therefore, any such law is not authorized by the Constitution; except as provided for under the Texas penal code, and the Constitution is the supreme law of the land.
Section 3. The City of Rockwall, State of Texas strongly supports our citizens’ right to bear arms under the Second Amendment and does not support any law that would deprive any citizen of the rights guaranteed and protected under the U.S. Constitution, Bill of Rights, the Texas Constitution. We urge the Congress of the United States to monitor and defend against any infringement of these rights.
Section 4. The City of Rockwall, State of Texas calls on other communities and jurisdictions to join with us in this action by passing similar Resolutions.
Section 5. That copies of this Resolution be immediately transmitted to the President of the United States; the President of the United States Senate; each member of the United States Senate from Texas; each member of Congress from the State of Texas; the Attorney General of the State of Texas; the Governor of the State of Texas; the President of the Senate and the Speaker of the House of Representatives of Texas’ legislature; each individual legislator that represents our district in the State of Texas; and the Sheriff of Rockwall County; and the Chief of the Rockwall Police Department.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ROCKWALL, TEXAS THIS 4th day of March, 2013.
David Sweet, Mayor
Kristy Ashberry, City Secretary
By J.J. Smith, Publisher