Editor’s note: This is the the proposed ordinance as it was presented to county commissioners Thursday night.

ORDINANCE NO. 2020 ___________


WHEREAS, acting through the Constitution of the United States, the people created government to be their agent in the exercise of a few defined powers, while reserving to the citizens the right to decide on matters which concern their lives, liberty, and property in the ordinary course of affairs;
WHEREAS, The Second Amendment to the Constitution of the United States, a provision of the Bill of Rights drafted and introduced into the first Congress after the ratification of the Constitution by James Madison, states, “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 right of the people to keep and bear arms is further protected from infringement by State and Local Governments under the Ninth and Tenth Amendments, and the “due process” and “privileges and immunities” clauses of the Fourteenth Amendment to the Constitution of the United States;
WHEREAS, Section 1 of the Fourteenth Amendment to the Constitution of the United States reads, “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws;”
WHEREAS, Indiana’s Bill of Rights, set forth as Section 32 of the Indiana Constitution declares that “The people shall have a right to bear arms, for the defense of themselves and the State;”
WHEREAS, Article 15, Section 4 declares that “Every person elected or appointed to any office under this Constitution, shall, before entering on the duties thereof, take an oath or affirmation, to support the Constitution of this State, and of the United States, and also an oath of office;
WHEREAS, the United State Supreme Court in Marbury v. Madison, 5 US 137, 177. (1803) stated: “Certainly all those who have framed written constitutions contemplate them as forming the fundamental and paramount law of the nation, and, consequently, the theory of every such government must be, that an act of the legislature, repugnant to the constitution, is void;
WHEREAS, the United State Supreme Court in Miranda v. Arizona, 384 U.S. 436, 491 (1966) the Supreme Court stated that “Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them;
WHEREAS, in 2008 the United States Supreme Court in District of Columbia v. Heller, 554 U.S. 570, 592, 171 L.Ed 2d 637, 128 S.Ct. 2783, declared “we find that they guarantee the individual right to possess and carry weapons in case of confrontation. This meaning is strongly confirmed by the historical background of the Second Amendment.” More importantly, Heller did not limit the right to bear arms. It specifically stated, “Second Amendment implicitly recognizes the pre-existence of the right and declares only that it ‘shall not be infringed.”’ The Court reiterated, “Our opinion is, that any law, State or Federal, is repugnant to the Constitution, and void, which contravenes this right, originally belonging to our forefathers.” and
WHEREAS, in 2010 the United States Supreme Court in McDonald v. Chicago, 561 U.S. 742, declared “We therefore hold that the Due Process Clause of the Fourteenth Amendment incorporates the Second Amendment right recognized in Heller.”
NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of Jefferson County, Indiana, as follows: The right to keep and bear arms is a fundamental individual right that shall not be infringed; and all local, State, and Federal acts, laws, orders, rules or regulations regarding firearms, firearms accessories, and ammunition enacted or promulgated that violate that fundamental individual right are violative of the Second Amendment of the Constitution of the United States and/or Article I, Section 32 of the Indiana Constitution.
The individual right to keep and bear arms, being a fundamental individual right that predates the United States Constitution and Indiana Constitution, and being a constitutionally protected right in every part of Indiana encompasses the right of ownership, possession, purchase, other acquisition, transport, storage, carrying, sale, other transfer, manufacture, keeping, shooting and maintaining proficiency. We also find and declare that it is proper for law-abiding people to protect themselves, their families, and others from intruders and attackers without fear of prosecution or civil action for acting in defense of themselves or others. Except as specifically provided by the United States Constitution, Indiana Constitution, a person, without further license, permission, restriction, delay, or process, including by any ordinance, rule, regulation, resolution, practice, or other action or any threat of citation, prosecution, or other legal process, may own, possess, purchase, acquire, transport, store, carry, sell, transfer, manufacture, or keep any firearm, part of a firearm, its components, its ammunition, including the right to shoot and maintain proficiency. Any such license, permission, restriction, delay, or process that interferes with the fundamental individual right and any unduly act that inhibits law-abiding people from protecting themselves, their families, and others from intruders and attackers and from other legitimate uses of constitutionally protected rights, including hunting and sporting activities, declares that any interference with such stated rights would be a violation of such Oath of Office, making such attempt null and void, and a breach of such Oath.
Any employee, including agents, contractors, appointees or otherwise, within the jurisdiction of Jefferson County Indiana, who violates this ordinance shall be sanctioned 10% of their yearly income and neither sovereign nor official or qualified immunity shall be an affirmative defense.
The provisions of this act are hereby declared to be severable, and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this act.
This ordinance is declared to be an emergency measure necessary for the immediate preservation of the peace, health, safety and general welfare of the people of this municipality, and shall take effect immediately upon passage.

ADOPTED by the Jefferson County Board of Commissioners, Jefferson County, Indiana, This

_______ day of ______, 2020.