House Concurrent Resolution 6

A CONCURRENT RESOLUTION TO DECLARE THE STATE OF MISSISSIPPI AS A "SECOND AMENDMENT SANCTUARY" STATE.

WHEREAS, the Second Amendment of the United States Constitution reads "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."; and

WHEREAS, the United States Supreme Court in District of Columbia v. Heller, 554 U.S. 570 (2008), affirmed an individual's right to possess firearms, unconnected with service in a militia, for traditionally lawful purposes, such as self-defense within the home; and

WHEREAS, the United States Supreme Court in McDonald v. Chicago, 561 U.S. 742 (2010), affirmed that the right of an individual to "keep and bear arms," as protected under the Second Amendment, is incorporated by the Due Process Clause of the Fourteenth Amendment against the states; and

WHEREAS, the United States Supreme Court in United States v. Miller, 307 U.S. 174 (1939), opined that firearms that are part of ordinary military equipment, or with use that could contribute to the common defense are protected by the Second Amendment; and

WHEREAS, Article 3, Section 12, of the Constitution of the State of Mississippi provides "The right of every citizen to keep and bear arms in defense of his home, person, or property, or in aid of the civil power when thereto legally summoned, shall not be called in question, but the Legislature may regulate or forbid carrying concealed weapons."; and

WHEREAS, Article 3, Section 5, of the Constitution of the State of Mississippi reads "That all men are by nature equally free and independent and have certain inherent rights, of which, when they enter into the state of society, they cannot, by any compact, deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety."; and

WHEREAS, Article 3, Section 14 of the Constitution of the State of Mississippi reads "No person shall be deprived of life, liberty, or property except by due process of law."; and

WHEREAS, certain legislation which has or may be introduced in the United States Congress could have the effect of infringing on the rights of law-abiding citizens to keep and bear arms, as guaranteed by the Second Amendment to the United States Constitution and Article 3, Section 12 of the Constitution of the State of Mississippi; and

WHEREAS, the Legislature is concerned about the passage of any bill containing language which could be interpreted as infringing the rights of the citizens of the State of Mississippi to keep and bear arms; and

WHEREAS, the Legislature wishes to express its deep commitment to the rights of all citizens of Mississippi to keep and bear arms; and

WHEREAS, the Legislature wishes to express opposition to any law that would unconstitutionally restrict the rights of the citizens of Mississippi to keep and bear arms; and

WHEREAS, the Legislature wishes to express its intent to stand as a Sanctuary State for Second Amendment rights and to oppose, within the limits of the Constitution of the United States and the Constitution of the State of Mississippi, any efforts to unconstitutionally restrict such rights, and to use such legal means at its disposal to protect the rights of the citizens of Mississippi to keep and bear arms, including through legal action, the power to appropriate public funds, the right to petition for redress of grievances, and the power to direct the law enforcement and employees of the State of Mississippi to not enforce any unconstitutional law:

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF MISSISSIPPI, THE SENATE CONCURRING THEREIN, That we do hereby declare the State of Mississippi, as a "Second Amendment Sanctuary" state.

BE IT FURTHER RESOLVED, That the Legislature hereby expresses its intent to uphold the Second Amendment rights of the citizens of Mississippi.

BE IT FURTHER RESOLVED, That the Legislature hereby expresses its intent that public funds of the state not be used to restrict the Second Amendment rights of the citizens of Mississippi, or to aid federal agencies in the restriction of those rights.

BE IT FURTHER RESOLVED, That the Legislature hereby declares its intent to oppose any infringement on the right of law-abiding citizens to keep and bear arms using such legal means as may be expedient, including, without limitation, court action.

BE IT FURTHER RESOLVED, That copies of this resolution be furnished to members of the Capitol Press Corps.