RESOLUTION RECOGNIZING THE MILITIA WITHIN THE _______ OF
________ PURSUANT TO THE SECOND AMENDMENT TO THE UNITED STATES CONSTITUTION AND ARTICLE III , §4 OF THE CONSTITUTION OF THE STATE OF MICHIGAN
WHEREAS, the constitutions of the United States and of Michigan recognize the preexisting, God-given, natural right of self-defense as belonging to individuals, and to communities made up of individuals; which no human institution may lawfully abrogate or infringe, and
WHEREAS, the Second Amendment to the United States Constitution, carried over from the Articles of Confederation, states that "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, Article III, §4 of the Constitution of Michigan states "The militia shall be organized, equipped and disciplined as provided by law;" and
WHEREAS, the MICHIGAN MILITARY ACT 150 of 1967, 32.509 references the “organized militia”, consisting of "the army national guard, the air national guard, and the defense force", and those individuals from the body of the people, trained to arms, who make up the currently "Unorganized" Militia; and
WHEREAS, the MICHIGAN MILITARY ACT 150 of 1967, 32.555 states the “governor may order into the defense force any members of the unorganized militia in case of riot, tumult, breach of the peace, resistance of process, or for service in aid of civil authority, whether state or federal, or in time of actual or imminent public danger, disaster, crisis, catastrophe or other public emergency within this state”; and
WHEREAS, the MICHIGAN MILITARY ACT 150 of 1967, 32.655 states “in case of war, or a national emergency, when the national guard may be in the military service of the United States, the defense force shall be ready and able to protect the state in case of insurrection, invasion, disaster or other emergency, actual or imminent. In such case the governor, as commander-in-chief, may use the defense force augmented if necessary by all or a part of the unorganized militia not responsive to the orders of the president for the time being. The determination of the governor that an emergency exists or is imminent is conclusive.”; and
WHEREAS, the Militia must be able to assemble and train as individuals or collectively; in the event they are ordered by the Governor or President to assist local civil authorities in times of need, and
WHEREAS, the Militia is composed of the body of the people, it follows that they should be trained to arms with firearms that are in "common use" within society, including modern semiautomatic rifles and pistols with certain ergonomic features (including AR variants), which have the ability to use standard capacity detachable magazines of more than ten round capacity, are ideally suited for defensive purposes by individual citizens, and by those who are members of law enforcement, militia, or military.
WHEREAS, the Militia have a long history of selfless and honorable service to localities, states and the federal government in times of crisis, natural and manmade disasters and other emergencies, and WHEREAS, the Militia can be a valuable asset in modern times in assisting local authorities during times of crisis, natural and man-made disasters and other emergencies that may arise, and
WHEREAS, the militia, composed of the body of the people, are, as intended by our founders, a means of the State to ensure and secure the liberties protected by the Constitution that may be threatened by foreign forces or a tyrannical government, and
WHEREAS, to commit to the intent and fullness of the Constitutional freedoms granted by the Constitution of the United States and Constitution of Michigan, the ______ Board of Supervisors finds the following measures as appropriate and necessary, so
THEREFORE, be it RESOLVED by the Board of Supervisors that we express our intent to uphold and protect the Second Amendment and Article III, §4 rights of law-abiding citizens to keep and bear arms for self-defense, and to prepare for service or to serve as a member of the Militia in ________.
BE IT FURTHER RESOLVED that, in order to support the Militia, enhance the safety and security of the citizens of ________ and establish, as our founders intended, a barrier against a tyrannical government, the Board hereby expresses its intent to:
(1) Decline to expend county resources for any effort to enforce unconstitutional laws restricting ownership and use of firearms that are in common use and accessories such as magazines, including modern semiautomatic rifles and pistols with certain ergonomic features (including AR variants), which have the ability to use standard capacity detachable magazines of more than ten rounds, being required for self-defense by individual citizens or for service to the community as part of the Militia in ____________.
(2) Recognize the right of all able-bodied residents of ______________, who are otherwise law-abiding citizens of the State and the United States, to assemble and train to arms for service individually or in groups as members of the Militia from or in _________, in the event they are called or ordered out for lawful purposes by the President of the United States or Governor of Michigan.
(3) Support opportunities for law-abiding citizens to assemble for recreational and civic purposes and train to arms, to include, but not be limited to: firearms safety training, marksmanship, first aid training, and other training or activities that enhance the individual citizen's ability to defend himself, his family, his community; and the Militia's ability to respond effectively to a crisis.
BE IT RESOLVED FINALLY, that the Board hereby declares our intent to oppose all unconstitutional restrictions on the Bill of Rights and specifically the Second Amendment to the U.S. Constitution and Article III, §4 of the Constitution of Michigan through such legal means as may be expedient, including, without limitation, legal process.
The undersigned Clerk of the Board of Supervisors of _________, Michigan hereby certifies that the Resolution set forth above was adopted during an open meeting on _________, by the Board of Supervisors with the following votes:
Signed this day of,2020.
Clerk, Board of Supervisors