Fiscal court approves Second Amendment resolution
Jan. 20—Thursday evening, Daviess County commissioners unanimously approved a resolution declaring their support for the Second Amendment right to bear arms.
Commissioners took the action before a full courtroom of people, most of whom were in favor of the measure.
The resolution doesn't commit county commissioners to any specific action. Rather, the resolution is "an expression of their support of the Second Amendment in particular, and how they feel about the Second Amendment," County Attorney John Burlew said after the meeting.
Thursday's vote ends a discussion that began in 2020, when members of the Daviess County Chapter of Kentucky United approached Fiscal Court about passing an ordinance declaring the county a "Second Amendment Sanctuary." After examining the issue, the Fiscal Court decided to not go forward on the advice of then-County Attorney Claud Porter.
Porter told commissioners a safe harbor resolution would run afoul of state law, which prohibits local governments from taking action in "any part of the field of regulation of the manufacture, sale, purchase, taxation, transfer, ownership, possession, carrying, storage or transportation" of firearms, ammunition or firearm components.
After Fiscal Court's decision, state Attorney General Daniel Cameron's office issued an opinion on similar resolutions passed in Marshall County and McLean County, saying the resolutions didn't violate state law, "because they did not attempt to regulate the manufacture, sale or ownership of firearms and ammunition."
The resolution county commissioners approved is nearly identical to the McLean County resolution.
Jason Potts, who spoke on behalf of the Daviess County Kentucky United Chapter, said "I was here in 2020 with the exact same group, with the exact same request."
Potts said the resolution has the support of former sheriffs Keith Cain and Barry Smith and current Sheriff Brad Youngman.
"The resolution sends a clear message and an important message," Potts said.
"It's a reasonable resolution with reasonable language, and no reasonable person who understands the rights we enjoy in this country would be opposed," Potts said.
The draft says the county "wishes to express its intent to stand for our Second Amendment rights and to oppose, within the limits of the Constitution of the United States and the Commonwealth of Kentucky, any efforts to unconstitutionally restrict such rights."
The resolution says commissioners "request that our state and federal legislators pass no laws which would infringe on our constitutional Second Amendment right," and says the county "declares its intent to uphold the Second Amendment" and "oppose any infringement on the right of law-abiding citizens to keep and bear arms."
Potts said Daviess County is the 115th county in the state to approve a Second Amendment resolution of some kind.
"I have been waiting three years to see this on a meeting agenda, and it's awesome," he said.
David Fleischmann, who spoke against the resolution, questioned who would decide whether a law violated the state or federal Constitution.
"I do not believe Daviess County needs to go over the cliff with the rest of the counties," he said. "I believe our law allows the Second Amendment to continue as it is.
"Who is going to decide what law is passed in D.C. or Frankfort is constitutional? Is it going to be the courts or a group of citizens who don't have legal standing except a legal standing being citizens? Who is going to decide what law our law enforcement is not going to enforce?"
Commissioners passed the resolution without any discussion.
During public comments, Commissioner Janie Marksberry said: "I want to applaud those who continued to seek the 2A resolution. I'm impressed by your patriotism, your tenacity and your professionalism."
