By Derek Tyson, The Welch News Editor
WELCH – The County Commission of McDowell County voted Wednesday to become a Second Amendment Sanctuary, falling in line with other counties across the two Virginias.
Prosecuting Attorney Emily Miller read the resolution up for adoption aloud for everyone in attendance, as follows:
‘Resolution of the County Commission of McDowell County, West Virginia to uphold the Second Amendment rights of the citizens of McDowell County, West Virginia.
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 vs. Heller 54-US-570, affirmed an individual’s right to possess firearms unconnected with service in a militia for traditionally lawful purposes such as self-defense in the home.
‘And whereas, the United States Supreme Court in McDonald vs Chicago 561-US-42 affirmed an individual’s right to keep and bear arms as protected under the Second Amendment incorporated by the due process clause of the 14th Amendment against the States.
‘And whereas, the United States Supreme Court in United States vs Miller 307-US-174, opined that firearms that are part of ordinary military equipment or with use could contribute to the common defense are protected by the Second Amendment
‘And whereas, Article 3 Section 21 of the Constitution of West Virginia provides a person has the right to keep and bear arms for the defense of self, family, home and State and for lawful hunting and recreational use.
‘And whereas, Article 3 Section 1 of the Constitution of West Virginia reads all men are by nature equally free and independent and have certain inherent rights of which when they enter into a 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 of pursing and obtaining happiness and safety.
‘And whereas, Article 3 Section 2 of the Constitution of West Virginia reads ‘All power is vested in and consequently derived from the people. Magistrates are their trustees and servants and at all time amendable to them.
‘And whereas, the County Commission of McDowell County, West Virginia recognizes that Federal and State laws are presumed constitutional until finally declared otherwise by a court of appropriate jurisdiction.
‘And whereas, the County Commission of McDowell County, West Virginia is concerned about any law containing language that would unconstitutionally infringe upon the rights of the citizens of McDowell County to keep and bear arms.
‘And whereas, in addition to the individual rights to keep and bear arms as enshrined in the United States and West Virginia Constitution, the County Commission of McDowell County, West Virginia is mindful of the deep cultural and historic roots of hunting with guns within McDowell County as well as the many conservation and wildlife management benefits to be derived from responsible game management through hunting.
‘And whereas, the County Commission of McDowell County, West Virginia wishes to express its deep commitment to the rights of all law abiding citizens of McDowell County to keep and bear arms as Constitutionally as protected,
‘And whereas, the County Commission of McDowell County, West Virginia wishes to express opposition to and to discourage the enactment of any law that would unconstitutionally restrict the rights of the citizens of McDowell County to keep and bear arms.
‘And whereas, the County Commission of McDowell County, West Virginia recognizes that the Supreme Court of Appeals of West Virginia has previously held that the West Virginia Legislature may and through the valid exercise of its police power, reasonably regulate the right of a person to keep and bear arms in order to promote the health, safety and welfare of all citizens of this State, provided that the restrictions and regulations imposed do not frustrate the Constitutional freedoms guaranteed by article 3 Section 22 of the west Virginia Constitution known as the “Right to Keep and Bear Arms”Amendment.
‘And whereas, the County Commission of McDowell County, West Virginia recognizes that the Supreme Court of Appeals of West Virginia has previously stated that the regulation of dangerous and deadly weapons is exclusively within the police power of the State, exercising through the Legislation and not the Judiciary.
‘And whereas, the County Commission of McDowell County, West Virginia wishes to express its intent to stand as a Sanctuary County for Second Amendment rights and to oppose, within the limits to the Constitution of the United States and the State of West Virginia, any efforts to unconstitutionally restrict such rights and to use such reasonable unlegal means, as the County Commission of McDowell County, West Virginia may hereafter approve to protect the rights of the citizens of McDowell County to keep and bear arms.
Now therefore, be it resolved by the County Commission of McDowell County, West Virginia, that the County Commission hereby declares McDowell County as a Second Amendment Sanctuary for the purposes described above.
Be it further resolved by the County Commission of McDowell County, West Virginia its intent to uphold the Second Amendment rights of the citizens of McDowell County, West Virginia.
Be it further resolved that the County Commission of McDowell County, West Virginia expresses its desire that public funds are not used to unconstitutionally restrict the Second Amendment rights of the citizens of McDowell County, or to aid Federal or State agencies in the unconstitutional restriction of said rights.
Be it further resolved that the County Commission of McDowell County, West Virginia hereby declares its intent to oppose, within the limitations imposed by law upon local governments, any unconstitutional infringement of the right of law abiding citizens to keep and bear arms using such reasonable and legal means as the County Commission of McDowell County, West Virginia.
By here after approve and be it finally resolved that the undersigned Clerk of the Commission of McDowell County, West Virginia hereby certifies that the Resolution set forth above was adopted during an open meeting on January 22nd, 2020 by the McDowell County Commission.
“I think its a great idea,” said Chief Deputy James “Boomer” Muncy when asked for comment.
“I’m sure this is one of the votes Commissioner Brooks wanted to cast,” said Patterson. “I know we can’t show him voting in the yays, but he had a family emergency that required him to step out. He’s sincere, he’s served our Country, this is one of the things he wanted on the agenda. I want the public to know that him not being here does not mean he doesn’t support this resolution.”
Other items of note from Wednesday’s meeting:
• New Hiring at Stevens Correctional Facility
Warden Mutter requested the hiring of the following individuals: Seth Bowen, Shawn Carter, James McCoy, Cody McPeake, Jason Ratliff, Austin Shumate, Keith Nicholson, Brandon Thomas, Zachary Mitchell, Justin Shrewsbury, Kenny Alger and Ashley Harding.
It was approved.
• 14 DEP permits were presented to the County Commission.
• The Commission approved the removal and appointment of new Board Members.
“Lawrence Crigger has asked to be removed from the EDA Board of Directors,” said Cody Estep.
It was approved.
“I’d also like to make a motion to remove Carl Urps from the Coalfields Expressway Board and replace him with Martin West,” said Estep.
“I’ll accept that. Removing Carl is nothing to slight him, he’s been a Commissioner, a businessman in our community,” said Patterson. “His health just doesn’t allow him to attend meetings.”
• Renaissance Village is seeking more funding to continue the project and presented the Commission with a chance to purchase a brick of the building.
“We’re at 6.7 million now and going over every day,” said Frances McNulty.
“We’re talking a 9 or 10 million investment into the County,” said Patterson. “The American Federation of Teachers has teamed up with private investments in hopes of attracting educators to the downtown area of Welch.”
With that sort of investment, Commissioner Patterson requested the funding from Hotel/Motel tax funds.
Cody Estep motioned to approve and Patterson seconded.