Be it enacted into law that Escambia / Santa Rosa County, is declared a Second Amendment Sanctuary, which is a sanctuary from: gun related provisions of the Florida Constitution, all laws, regulations, policies, and enforcement of same; which infringe in any way on the right of the people to own and carry firearms as they choose.
That Escambia/Santa Rosa County shall be declared a Second Amendment Sanctuary, for the purpose of exercising the Second Amendment to the Constitution as written, which prohibits “infringing” (encroaching) in any way, on the right of the People, to own and carry arms as they choose; and the 14th Amendment guarantee, that U.S. citizens and permanent residents subject to the jurisdiction thereof of the United States, regardless of residency or not, while in Escambia / Santa Rosa County, shall have and be able to fully exercise their Second Amendment individual right to keep and bear arms.
Nothing in this Declaration of a Second Amendment Sanctuary shall: cover, address, allow, encourage, tolerate, or incite, any violation by any person or persons, of current law and enforcement of law, regarding the specific and express illegal “USE” of a firearm or other arm.
Philosophy of Rights, and the Second Amendment:
Throughout human history the one eternal struggle has been between the individual citizen who strives for freedom, against the government power which seeks to rule by absolute control. Every nation and state can be judged by analyzing the point of balance between the latitude of individual freedom and the limit of collective government power.
The only legitimate function of government is to safeguard life, liberty, and property. Whenever any government entity seeks powers beyond its legitimate function, the citizenry is required to restrain that government by removing those powers, and the means to exercise those powers, which that government entity has illegally usurped.
When you were born, you came into the world with a gift. That gift is a collection of certain unalienable rights. Taken together they define what it is to be free. These are natural rights. The right which makes all other rights possible is the right of self-preservation. From this naturally extends the preservation of liberty, family, property, community, a free state, and a free nation.
Natural rights pre-date and transcend all government powers. This is why governments can not legitimately deny or control natural rights. The only way these rights may be denied or controlled is through the use of brute force. Free citizens are required to resist the illegal use of brute force. Therefore, essential to the right of self-preservation is the right to the instruments of self-preservation.
The most effective instrument of self-preservation is the firearm. It is the means by which the collective government exercises brute force. It is a means by which criminals inflict terror. You can not consider yourself free if you do not, or can not, control the instruments of your freedom as you choose. You are not free if your fear of retribution from the government for owning, carrying or using firearms for self-preservation, is greater than your fear of any criminal or terrorist force that may be used against you or your family.
Whenever any government entity, through the exercise of illegally usurped powers, seeks to withhold or restrict the individual right to purchase, own and carry, firearms and ammunition for self-preservation, then that government has become destructive of liberty, and must itself be strictly controlled.
This Declaration of a Second Amendment County Sanctuary, reverses, in the clearest possible terms, the government imposed and ongoing oppressive reversal of the Second Amendment, giving government all the rights and powers to acquire all the arms they choose, to stockpile those arms and ammunition, and to exercise the carrying and use of those arms as they also choose.
The purpose of declaring Escambia / Santa Rosa County a Second Amendment Sanctuary, is to reimpose the constitutional controls on government, to reverse the unconstitutional controls they have imposed, and want to impose, on We the People.
Provisions of this Declaration:
* Article 1, Section 8 of the Florida Constitution has an extended definition and various provisions usurping for the State unconstitutional powers, and depriving individuals of constitutional rights. Therefore, within this Second Amendment Sanctuary, the effective and recognized language of the Florida Constitution from Article 1 Section 8, regarding arms, shall be:
“The Right of the People to Keep and Bear Arms Shall Not Be Infringed.”
* The Supreme Court back in 1908, before they lost their way, wrote an outstanding opinion which fully justifies and protects this Second Amendment County Sanctuary. What is says is that all the laws, regulations, procedures, ordinances we are seeking sanctuary from, in reality by virtue of being unconstitutional, don’t exist. However, they are being enforced illegally anyway. So rather than have individuals, individually prosecuted unjustly and unconstitutionally, we the County of Escambia / Santa Rosa, declare that we as a County stand against the unconstitutional infringements of our most basic right to self-preservation, and the implements of our self-preservation. That we urge all counties of Florida, and all counties nationwide to adopt this Declaration. That we can return to the Constitutional Rights God and man intended us to exercise. Here is the quote from the Supreme Court:
“The general rule is that an unconstitutional statute, though having the form and name of law, is in reality no law, but is wholly void and ineffective for any purpose, since its unconstitutionality dates from the time of its enactment… In legal contemplation, it is as inoperative as if it had never been passed… Since an unconstitutional law is void, the general principles follow that it imposes no duties, confers no right, creates no office, bestows no power or authority on anyone, affords no protection and justifies no acts performed under it… A void act cannot be legally consistent with a valid one. An unconstitutional law cannot operate to supersede any existing law. Indeed insofar as a statute runs counter to the fundamental law of the land, (the Constitution) it is superseded thereby. No one is bound to obey an unconstitutional law and no courts are bound to enforce it.” Bonnett v. Vallier, 116 N.W. 885, 136 Wis. 193 (1908); NORTON v. SHELBY COUNTY, 118 U.S. 425 (1886).”
* The People, of Escambia / Santa Rosa, as defined above, shall not be subject to any regulation or limitation of or on, firearms, accessories or equipment, that touches the right to own and carry by choice, any commercially or military surplus arms, accessories or equipment available, such as bump stocks for example; nor shall the People be limited in the transfer of arms through family and friends or other transfers among law abiding citizens not connected with a firearm dealer purchase, such as universal background checks; nor shall any provision in the future attempt to change this provision as long as this Declaration is in effect.
* So called “Red Flag Laws” designed to seize and keep firearms without normal due process, but leave in possession any number of other dangerous weapons, chemicals, poisons, vehicles, substances, or objects, demonstrates an intent to seize specifically firearms by any means possible, while deceiving people with the intent of increasing public safety. Therefore, no action beyond normal due process constitutional guarantees and procedures shall apply in the County Second Amendment Sanctuary.
* The County shall have “Constitutional Carry,” which means at the choice of the firearms owner, firearms may be carried openly, concealed, a mixture of both, without a Concealed Carry Permit (CCW) or any other government permit or permission instrument. This shall contribute to the “normalizing” of the sight of firearms on citizens not in a law enforcement uniform. This provision shall supersede any claims or complaints of “feelings” regarding the sight of openly carried firearms, to law enforcement, business or building management, and such feelings can not be used to suppress, limit, intimidate, or request, that anyone exercising their constitutional right to carry openly, shall not be approached for the purpose of infringing on that right. Rights, and the exercise of those rights, are supreme over feelings.
* People in the County shall not be subject to federal gun mandatory “buybacks” or deprivation of their firearms for any reason not associated with a criminal conviction after constitutional due process of law.
* Police and military, active and retired, have no special rights to firearms, accessories, magazines, equipment, holsters, carry options and places to carry firearms, nor any right or ability beyond the normal rights accorded all citizens and permanent residents.
* Neither government buildings nor government employees shall be a justification for prohibiting the carrying of firearms by law abiding citizens into government offices, police stations, or other offices citizens might go in the normal course of business when interacting with the government. Possible exceptions to consider might be actual court rooms, and offices of elected or appointed officials above a certain level. Government employees and officials are paid by the People, and government buildings are built and run with tax money from the People, and as such no government building or employee can maintain a position above or superior to the People, or have special rights abilities or firearms or anything connected to firearms denied the People.
* “Defense Equality” is the principle where the people are armed equally or better than any government or law enforcement agency, to insure that the government always operates with the consent of the governed, and is never in a position of force superior to the people. This is to guarantee that no government agency, person or officer, will be able to coerce, intimidate, threaten, restrict, have a chilling effect, or have any effect at all, on the free exercise of Second Amendment rights by the people, that they always feel completely free to exercise those rights.
* “Judicial Review” shall not apply to this Declaration if passed and enacted into law, since Judicial Review is not of the Constitution, but merely an illegally usurped power in Marbury v Madison by the Supreme Court, and handed down through complete misunderstanding of judicial authority, to all courts and judges in the United States. Since no member of the judiciary, from local judge to the Supreme Court, can exercise a power they don’t legally have, this Declaration has Sanctuary from Judicial Review.
* Legal challenges to this Sanctuary Declaration would most likely be moot, because this Declaration creates no new law, ordinance, or policy. It merely enables the Constitutional Rights of the Second and Fourteenth Amendments to be fully exercised within the Second Amendment Sanctuary. This Declaration is designed also to be easily converted to statewide legislation for the next session of the Florida State Legislature, and signature by the Governor. Challenging this Second Amendment Sanctuary would be to challenge the Second and Fourteenth Amendments themselves, as written in the Constitution, which have long been ratified by the States and made part of the Constitution.
* Juries of the actual peers of government defendants to violations of this Declaration, from entry level government employee to the chief executive, and all law enforcement personnel, shall be guaranteed at any trial.
* Any person arrested and tried for exercising Constitutional Rights under this Sanctuary Declaration, with laws, ordinances, or policies, already proven not to exist by their unconstitutionality, may still have to defend themselves in a bogus legal proceeding. Therefore, they shall in all cases be entitled to a trial by a jury of their actual peers; that this jury shall have the mandatory instruction fully explaining this Sanctuary Declaration and all relevant Constitutional articles, sections and clauses for their defense; that all juries shall be fully informed of their right to judge any laws applied to any person against their exercise of rights under this Sanctuary Declaration, and if it is decided the laws applied are unjust, unfair, and/or unconstitutional, again, juries of the People can acquit on that basis alone.
* Rights are absolute within the context of the right, and as such, no “reasonable restrictions,” “public safety measures,” nor any provision, law, ordinance, practice, or unconstitutional article, shall be used, or attempted to be used, to infringe in any way upon this Declaration, within the context, definitions and provisions of this Declaration exercising Second and Fourteenth Amendment rights.
* Rights must be fully granted at the age of majority, or they be not rights at all. Therefore, within the Sanctuary, upon reaching the age of 18, the full measure of the right to keep and bear arms, as defined and expressed by this Declaration and the U.S Constitution through the Second and Fourteenth Amendments, shall apply.
* The County Sheriff shall protect, enforce and defend, all provisions, sections, definitions, concepts, and creation of this Second Amendment County Sanctuary: individually with citizens; against any city and county ordinances, laws, or practices to the contrary, or any such attempts to create them in the future; against any state law, federal law, or any judicial decision by a judge or court from local to the Supreme Court; as to restate, this Second Amendment Sanctuary, in conjunction with the Fourteenth Amendment, creates no new law, it simply enables and enforces the Constitutional guarantees already ratified. All Deputies shall be educated as to the full implications, implementation, and enforcement of this Second Amendment Sanctuary.
* Florida State Preemption can not apply to this Second Amendment Sanctuary, by any law, ordinance or policy, that infringes upon the Second and Fourteenth Amendments, because, as outlined above, unconstitutional laws do not exist, and this Sanctuary Declaration can not be touched by laws that do not exist.
* This Sanctuary Declaration shall exist in perpetuity, unless and until an amendment to either the Second or Fourteenth Amendment changes the basis of this Declaration.