Gaston Commissioners to vote on Second Amendment sanctuary proposal – Gaston Gazette

Gaston County could soon be added to a growing list of local governments vowing to oppose gun control efforts they view as unconstitutional.

Tracy Philbeck, chairman of the Gaston County Board of Commissioners, said he's sponsoring a resolution with Commissioners Chad Brown and Allen Fraley to designate Gaston County a "Second Amendment sanctuary."

It's a move to publicly protect a county residents right to keep and bear arms, supporters say. Commissioners will vote Jan. 28.

"As of right now you can say it's largely symbolic," Philbeck said. "Don't underestimate, though, if we have to we will act. As long as I'm chairman of the commission I will not support any law or ordinance that goes against the constitutional right of folks to bear arms."

The resolution states support for the Second Amendment and, "to oppose, within the limits of the Constitutions of the United States and the State of North Carolina, any efforts to unconstitutionally restrict such rights..."

Resolutions have been approved by counties across the country, including most recently in Lincoln County.

Philbeck and Chad Brown called the move a precautionary measure made necessary by the passage of new gun measures in states like Virginia and Colorado.

"I'm proud to be a sponsor on this," Chad Brown said. "Our constitution has been chipped away at by the liberal left and this is simply us saying we don't want anymore slices taken from the constitution."

Point of view matters

Duke University Law Professor Darrell Miller writes and teaches in the area of civil right and constitutional law, with emphasis on the Second and Thirteenth Amendments.

He's also written extensively about District of Columbia V. Heller, a landmark Supreme Court decision in 2008 that views the Second Amendment as protecting an individuals right to own firearms for lawful purposes like self-defense within the home.

He wrote last summer that Second Amendment sanctuary efforts in Colorado - that largely opposed so-called "red flag" laws that could allow law enforcement or families to petition courts to remove firearms from those who could be a danger to themselves or others - could be regarded as efforts to "mobilize citizens in an act of constitution-making outside of the courts," particularly in cases where courts have yet to rule on the laws in question.

In response to questions last week, Miller said the Second Amendment sanctuary movement, at its core, is an effort by local governments to use constitutional framing of their enactments to affect policy and law.

"Given there's no gun violence prevention proposals with any realistic chance of making it through the current General Assembly in N.C., it seems the immediate effect of this effort in N.C. would be to show solidarity with gun-rights activists in Virginia and elsewhere, and to act as an announcement of non-compliance if there's a change of control in Raleigh," Miller wrote.

Greg Wallace, a professor of law at Campbell University School of Law, said the Second Amendment sanctuary movement could be indicative of conflict between state and federal obligations.

"I think firearms owners see very extreme measures being proposed by gun control proponents that really aren't aimed at just the criminal misuse of guns but aimed much more broadly," Wallace said.

He said state and county officials must uphold state law, duties that could clash with constitutional obligations.

"There has been a long history of government officials, particularly in the executive branch, saying 'OK if the state legislature has passed a law that we believe in good faith is unconstitutional, we don't have an obligation to enforce it," Wallace said. "That comes in part from the oaths these officers take to support the constitution first. There's a long tradition of civil resistance."

Wallace said such efforts could leave officials open to legal action, including lawsuits and potential removal from office.

"There is a risk in it for them," Wallace said. "But the flip side, if so many communities sign on to this what's the enforcement mechanism the state is going to use? That's an open question."

Commissioners, including Bob Hovis, Tom Keigher, Jack Brown and Ronnie Worley voiced support for the Second Amendment sanctuary measure.

Gaston County Democratic Party Chairman Daniel Caudill and Democratic Party county commission candidate Ray Raynor, view the measure as unnecessary.

"I see the symbolism they're going for," according to Caudill, a U.S. Army veteran and gun owner. "We're scratching our heads knowing that sanctuary ordinances don't supersede state or federal law. I think there's more effective things they could be working on for the county."

Gaston County District Attorney Locke Bell said he would neither support nor oppose the resolution, citing the constitution as protection enough.

"I'm a firm believer in the Second Amendment and I own numerous firearms," Bell said. "I'm not sure this movement by the commissioners is needed. We already have the Second Amendment protecting us here in Gaston County and I think that is sufficient."

Reach Adam Orr at 704-869-1828 or aorr@gastongazette.com

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Gaston Commissioners to vote on Second Amendment sanctuary proposal - Gaston Gazette