UINTAH COUNTY COMMISSION ORDINANCE NO. 01-27-2020 02 AN ORDINANCE OF UINTAH COUNTY, UTAH ENACTING. UINTAH COUNTY CODE TITLE 9.01 ‘SECOND AMENDMENT SANCTUARY COUNTY WHEREAS, Acting though the United States Constitution, the people created government to be their agent inthe exercise ofa few defined powers, while reserving tothe ctzers the right to decide on matters ‘hich concer ther tives, liberty, and property inthe ordinary course of afis; and WHEREAS, The Second Amendiment othe Constitution ofthe United Sates of America sates, “A \welhrepulted Militia being necessary 1 the security ofa eee State, the right ofthe People to keep and ‘beararms, shall not be ifringed and WHEREAS, The right ofthe people fo keep and bear arms is further protected from infingement by Stale and Local Governments under the Ninth, Tenth, and Fourteenth Amendments to the Constitution of the United States of America; and WHEREAS, The Supreme Cout of the United Stats of America in Dist of Columbia v. Heller recognized the individual’ ight to keep and bear acm, as protected by the Second Amendment of the Constitution ofthe United State of America. Justice Antonin Seaias prewiling opinion in that case stated that the Second Amendment protects an individuals right to postessa firearm unconnected with Servic in a mili, and the right vo Use hat firearm for raditionlly lawful purposes, suchas selidefense within the home and WHEREAS, Section | of the Fourtenth Amendment tothe Constitution ofthe United States of America ‘any law which shall abridge the privileges oe immunities oF citizens oF the United States: nor shal any State deprive any’ person o ie bert), or property, without due press of la nr deny'to any perso within is jursdetion the equal protection of the lav; WHEREAS, The Supreme Cour of the United States recognized in MeDanald» Cty of Chia that the Second Amendment othe Constitution was incorporate by the Fourteenth Amendment and thereby ‘made applicable tothe States; and WHEREAS, Justice Thomas M, Cooley inthe People x. Hurlbut 26 Mich. 44, page 108 (1871), “The State may moul local institutions according to its views of policy or expediency: but local government isa mater of absolute right and the state cannot ake it away" WHEREAS, The right tobe free from the commandering hand of goverment has bea vsognized by the United States Supreme Court in Prin v: United States. The Cour held:"The Federal Government‘may neither issue directives requiring the States to address particular problems, nor command the States’ cers, or those af thee poitial subdivisions to administer or enforce Federal regulatory progr and WHEREAS, Therefore, the right io Keep and bear arms is a fundamental individual right that shall not be Intrnged ana al fea, state, and federal acts, aws, orders, ules or regulations restricting the fundamental ight vo keep and bear arms that are not narrowly tallred to protct «compelling state purpose arein violation ofthe Second Amendment; and WHEREAS, Local goveraments have the Iga authority vo refuse to cooperate with state and federat firearm laws that volte those rights and to proelim a Second Amendment Sanctuary for law-abiding, itizens in thet local jurisdiction; NOW THEREFORE, The County Legislative Body of Uintah County ordins as follows: SECTION I. Tile 9 Chapter tof the Uintah County Code shall be enacted to read as follows (Chapter 9.01 - SECOND AMENDMENT SANCTUARY COUNTY Sections 9.01.010 - Unlawful Aet 9.01.20 ~ Prohibitions 9.01.30 ~ Exceptions 9.0.040 ~ Enforcement 901.050 ~ Penalties 9.01010 — Unlawful Act ‘A. An*Unlawful Act” shall consist of any federal or state at as, order, rule, or regulation, which estrits an individuals constitutional right o keep and bear ams, incloding any Federal o state ae, law, order, rule, of regulation which bans or effectively bans, registers oF effectively registers, or lits the lawful use of Firearms, firearm accessories or ammunition (ether than fully automatic Fearm wich is made unlawful by federal fw). Any such ‘Unlawful Act” Is tnalld in Uiman County ana shal ot be recognized by Vina County, shall be considered nul, void and of no effet and this includes, but shall not be limited 0 the followingAny tx, levy, fe, or stamp imposed o1 reams, firearm accessories, of ‘ammunition not common tal other spods and services on the purchase or ‘ownership of thse items by etizens; ‘Any registration or tracking of Firearms, firearm accessories, or ammunition; ‘Any registration (excep for those requirements associated with the point of sale) Or tracking ofthe owners of firearms, firearm accessories, or ammunition; ‘Any act forbidding the possession, ovaership, or use of any type of firearm, Firearm accessory, or ammunition by ctizens of the legal age o eighteen and over, other than pursuant to federal aw background check requirements for transfers or purchases though FFL decles, ‘Any prohibition, epulation, andlor us restriction related to ownership or the ‘constitutionally guaranteed lawful use oe cary of non-fully automatic firearms; and ‘Any prohibition, regulation, andor userestrction limiting hand grips, stocks, Fash suppressors, bayonet mounts, magazine capaci, lip capacity intemal capacity, bump stocks, suppressors, or ypes of ammunition available fr sae, possession or tse by citizens. 9.01.020 — Prohibitions A. Notwithstanding any othe department, employee or oficial oF Ui rule or erder tothe contrary, no agent, County political subdivision of the State of 5, regula ‘Utah, while acting in ther oficial capacity, shal 9.01.030~ Exceptions Knowingly and willingly, participate ie any way in the enforcement of any Unlawful Act, as defined erin, regarding personal firearms, firearm Utilize any Uintah County assets, funds, or Funds allocated by any entity 0 ina County, ia whole or in pat, 1 engage in any activity that ais in the enforcement or investigation relating te an Unlawful Acti connection with etsona firearms, firearm accessories or ammunition A. The protections provided to citizens by this ordnance do not apply to persons who have been convicted of felony crimes or who are prohibited Fam possessing Firearms under federal aw and state law by a finding of cour of competent jradietion that such individualIncompetent, B. Tis ordnance isnot intended to proibit or affect in any way the prosecution of any crime for which the use of, or possession ofa firearm isan aggregating actor or enhancement to 38 otherwise independent crime . This ordinance does not prohibit individuals in Uintah County from voluntarily patcinating Inassistng in penmiting, licensing, registration or other processing of applications for ‘concealed carry permits, or ater firearm, firearm accessory, or armmunition licensing or registration processes that may be required byl. 9.01.040- |A. Any person violating any provisions of this chapter shal be gully ofa Class B ‘misdemeanor asset forth in Title 1 Chapter 8 ofthe Uintah County Code. 8B. Inaddition to subsection A, above, anyone within the jurisdiction of Uintah County, ‘Utah, accused tobe in violation ofthis ordinance may be sued inthe district court of the state of Utah for declaratory and injunctive relief, damages, and attorneys" fees. SECTION Il. SEVERABILITY If any section, subsection, sentence, clause, phrase, or portion of this ordinance i, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such provision shall be deemed a separate, distinct, and independent provision, and such holding stall not affect the validity of the remaining portions ofthis ordinance. SECTION II], AMENDMENT OF CONFLICTING ORDINANCES To the extent that any ordinances, resolutions, or policies of Uintah County conflict with the provisions ofthis ordinance, they are hereby amended to comply with the provisions hereof, SECTION IV. EFFECTIVE DATE ‘This ordinance shall take effect upon its passage by a majority vote ofthe Uintah County ‘Commission and following notice and publication as required by Utah State Code, APPROVED AND ADOPTED by a duly the Board of County Commissioners of UintahCounty this 29" day of January, 2020. ATTEST: ‘Michael W. Wilkins Uintah County Clerk-Auitor UINTAH COUNTY: Pe antl > ‘Brad G. Horrocks, Chair William C. Stringer, Member Bart N. Haslem, Member