HomeMy WebLinkAbout20201070.tiffRESOLUTION NO. 2020R037
A RESOLUTION OF THE CITY COUNCIL OF FORT LUPTON DECLARING
THE CITY OF FORT LUPTON A "SECOND AMENDMENT SANCTUARY
CITY"
WHEREAS, the City Council of Fort Lupton, Colorado, pursuant to Colorado statute is vested
with the authority of administering the affairs of Fort Lupton, Colorado, and
WHEREAS, the Second Amendment to the United States Constitution, adopted in 1791 as part
of the Bill of Rights, protects the inalienable and individual right of the people to keep and bear
arms, 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, in incorporated by the Due Process Clause of the Fourteenth Amendment against
the states, and,
WHEREAS, the United State 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 II, Section 3 of the Colorado Constitution provides that all "persons have
certain inalienable rights, among which may be reckoned the right of enjoying and defending
their lives and liberties; of acquiring, possessing and protecting property: and of seeking and
obtaining their safety and happiness," and,
WHEREAS, Article II, Section 13 of the Colorado Constitution provides that the "right of no
person to keep and bear arms in defense of his home, person and property, or in aid of the civil
power when thereto legally summoned, shall be called in question," and,
WHEREAS, Article II, Section 11 of the Colorado Constitution provides that no "ex post facto
law, nor law impairing the obligation of contracts, or retrospective in its operation... shall be
passed by the general assembly," and,
WHEREAS, Article II, Section 7 of the Colorado Constitution provides that the "people shall be
secure in their persons, papers, homes and effects, from unreasonable searches and seizures,"
and,
WHEREAS, Article II, Section 15 of the Colorado Constitution provides that "[P]rivate
property shall not be taken or damaged, for public or private use, without just compensation,"
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which the Colorado Supreme Court has indicated includes a legal interference with the physical
use, possession, disposition, or enjoyment of the property, including temporarily, and,
WHEREAS, it is the desire of the Council to declare its support of the Second Amendment to
the United States Constitution and to the provisions of the Colorado Constitution which protect
Fort Lupton Citizens' inalienable and individual right to keep and bear arms, and,
WHEREAS, the Council each took an oath to support and defend the United States Constitution,
the Colorado Constitution, and the laws of the State of Colorado which are not deemed
unconstitutional by a court of competent jurisdiction
NOW THEREFORE BE IT RESOLVED by the City Council of Fort Lupton be, and hereby is,
declared to be a "Second Amendment Sanctuary City."
BE IT FURTHER RESOLVED that the Council affirms its support for the Chief of Police and
the Weld County Sheriff in the exercise of their sound discretion to not enforce against any
citizen an unconstitutional firearms law.
BE IT FURTHER RESOLVED that the Council will not appropriate funds for capital
construction of building space and purchase of storage systems to store weapons seized pursuant
to the authority and requirements set forth in House Bill 19-1177, if such bill is enacted by the
Colorado General Assembly, and/or for the purpose of enforcing any other law that
unconstitutionally infringes upon the right of the people of the City of Fort Lupton to keep and
bear arms.
APPROVED AND PASSED BY A MAJORITY VOTE OF THOSE ELECTED TO THE
CITY COUNCIL OF THE CITY OF FORT LUPTON, COLORADO THIS 7th DAY OF
APRIL 2020.
City of Fort Lupton Colorado
Mar(cela Pena, City Clerk
o Stieber,
Approved as to form:
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