January 3, 2013
The town is small, but the message is clear: do not infringe.
A police chief in Gilberton, Pennsylvania, a small burough in Schuylkill County with a population of only 867 people, is proposing a ’2nd Amendment Preservation’ Ordinance that he plans to present to the city council during its January 24, 2013 meeting.
The ordinance, if adopted, would formally require the city to “enact any and all measures as may be necessary” to prevent the violation of the 2nd Amendment by any federal, state or local entity.
In addition to formally recognizing the 2nd Amendment to the Constitution, which guarantees the right to keep and bear arms, Chief of Police Mark Kessler, who wrote the proposal, also pointed out the additional protection under the Pennsylvania constitution which specifically recognizes the “Right to Bear Arms” under Sections 21.
That section reads, in full, “The right of the citizens to bear arms in defense of themselves and the State shall not be questioned.”
The proposal would further require the local government to nullify “all federal, state or local acts in violation of the 2nd Amendment” and declare them to be invalid within Gilberton Borough limits. The right to nullify unconstitutional laws is granted under the 10th Amendment to Constitution, which further reserves powers not explicitly granted to the (limited) federal government to the states and the people.
Police chief Mark Kessler confirmed an e-mail detailing his proposal by phone, indicating that he didn’t expect the ordinance would “do much” beyond sending a message to those in the media and Washington, yet he stated he felt the need to stand up to those demanding gun control in the wake of the Sandy Hook shooting tragedy.
Yet if dozens, hundreds or even thousands of cities and states across the country take similar action, encroachment by unconstitutional laws or policies can be pushed back, or stopped. An attempt to pass draconian gun control laws in the state of Illinois was stalled earlier today after calls flooded in from across the country in opposition.
In 2003, Alex Jones launched an effort to denounce the PATRIOT Act at the local level that was adopted in hundreds of cities. Jones addressed the Austin City Council in the following video:
The full text of the proposed ordinance by Gilberton Burough Chief of Police Mark Kessler appears below:
2nd Amendment Preservation OrdinanceAN Ordinance, which shall be known and may be cited as the “2nd Amendment Preservation Ordinance.”
To prevent federal, State or local infringement on the right to keep and bear Firearms, Firearms accessories or ammunition ; nullifying all federal, state or local acts in violation of the 2nd Amendment to the Constitution of the United States along with section 21 “Right to Bear Arms of the Pennsylvania constitution.
THE PEOPLE OF THE BOROUGH OF GILBERTON DO ENACT AS FOLLOWS:
The Governing body of the Borough of Gilberton within the state of Pennsylvania finds that:
A. The 2nd Amendment to the Constitution of the United States reads as follows, “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.” Along with Section 21 of the constitution of Pennsylvania which states, “Right to Bear Arms.” The right of the citizens to bear arms in defense of themselves and the State shall not be questioned.
B. All federal, state or local acts, laws, orders, rules or regulations regarding firearms, Firearms accessories or ammunition are a violation of the 2nd Amendment along with section 21 of The Pennsylvania Constitution and in violation of this ordinance.
PROHIBITIONS ON FEDERAL, STATE OR LOCAL INFRINGEMENT OF THE RIGHT TO KEEP AND BEAR ARMS, FIREARMS ACCESSORIES OR AMMUNITION.
A. The Governing Body of the Borough of Gilberton within the state of Pennsylvania declares that all federal ,state or Local acts, laws, orders, rules, regulations – past, present or future – shall be in violation of the 2nd Amendment to the Constitution of the United States and the Constitution of Pennsylvania are not authorized by the Constitution of the United States and the Constitution of Pennsylvania and violate its true meaning and intent as given by the Founders and Ratifies, and are hereby declared to be invalid within Gilberton Borough and all of its boundaries , shall not be recognized by this Borough or within all of its boundaries within the state of Pennsylvania, are specifically rejected by the Borough of Gilberton and within all of its boundaries within the state of Pennsylvania, and shall be considered null and void and of no effect in the Borough of Gilberton within the state of Pennsylvania.
B. It shall be the duty of the Governing body of Gilberton Borough and within all of its boundaries within the State of Pennsylvania to adopt and enact any and all measures as may be necessary to prevent the enforcement of any federal, state or local acts, laws, orders, rules, or regulations in violation of the 2nd Amendment to the Constitution of the United States along with section 21 of the Pennsylvania Constitution or any violation of this ordinance.
A. This act takes effect thirty ( 30 ) days upon approval by the Governing body
CHIEF OF POLICE
GILBERTON BOROUGH POLICE DEPARTMENT
2710 MAIN STREET
MAHANOY PLANE, PA 17949