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By Myrna Trauntvein
TN Correspondent

Juab County is officially a Second Amendment Sanctuary County.

Ryan Peters, Juab County Attorney, said that he had prepared an ordinance that he had modeled after one Wasatch County had adopted.

“I am so excited about this,” said Clinton Painter, commissioner.

Painter made the motion, after the commission review of the ordinance to adopt it and Marvin Kenison, commissioner, made the second. Richard Hansen, commission chairman, called for the vote and all three commissioners voted in favor.

“This protects law enforcement and people who legally carry guns,” said Hansen. “I think it sends a message.”

“I appreciate all the work you have done, Ryan,” said Painter.

The ordinance states that Juab County is a Second Amendment Sanctuary county and prohibits the use of county funds to enforce laws infringing upon the rights guaranteed by the Second Amendment of the U.S. Constitution.

“The policy declarations are the ‘whereas’ statements,” said Peters. “There are 10 of those and they take up a page and a half of the ordinance.”

The “now therefore” portion has seven items.

1. The commission declares the county a “Second Amendment Sanctuary” where “law-abiding citizens have the right to keep and bear arms and of their lawful use in the protection of and defense of self or others, are supported.”

“2. The Juab County Commission hereby declares its opposition to restrictions of constitutionally enumerated and protected rights to keep and bear arms, and hereby intended to use such reasonable and legal means at its disposal to oppose, within the limits of the Constitution of the United States and the State of Utah, any efforts to restrict such constitutionally enumerated rights.”

3. The county officials and employees are prohibited from enforcing any federal statute, law, regulation, or executive order that restricts the clearly established rights of individuals under the Second Amendment of the U.S. or Utah Constitutions and prohibit the use of any county funds or property for that use.

4. County officials and employees are prohibited from entering into any type of agreement with any federal agency or employee for the purpose of enforcing any such regulation.

“5. Juab County officials and employees will support and protect the clearly established Fourth Amendment rights of the residents of Juab County with respect to unlawful search and seizure.”

“6. No part of this ordinance shall preclude Juab County officials or employees from enforcing Utah State laws regarding criminal acts involving, or enhanced by, firearms, as provided for in the Constitution of Utah, Utah Code, or other Utah State laws.”

“7. No part of this ordinance shall be taken to construed to impart or grant any immunity or defense to prosecution or arrest for any offense of federal law, by agents or employees of the United States government or the State of Utah.”

The county ordinance will be in its own category under Chapter 10, public safety, and section 1 and will be placed in the county code book.

“The U.S. Constitution actually uses the words: ‘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,’” said Peters.

The Utah Constitution also guarantees the right of citizens to carry firearms for protection and security.

The state also gives authority to the state legislature as to who can bear arms. That is necessary because there are those who are restricted because of actions they have taken that have then been judged by a court of law as ineligible and are to be restricted from bearing arms.

Additionally, he said, in spite of the county ordinance, the federal government still had the authority to come in and enforce federal law.

“Whereas, many communities across the United States and throughout the world have recently experienced serious social unrest, rioting, and a global pandemic, thereby creating a great deal of wide-ranging concern and alarm related to the physical safety of individuals and the interpretation of constitutional principles by various levels of government; and

“Whereas, the Juab County Commission seeks to promote confidence in local government by unequivocally recognizing the United States Constitution as the supreme law of the land, including the Bill of Rights and its other accompanying Amendments; and

Other “Whereases” are that the Juab County Commission recognizes truths universal and fundamental truths as included in the Second Amendment of the United Sates Constitution; the State of Utah, Article I, Declaration of Rights, Section 1, Inherent and inalienable rights, in the commission’s deep commitment to the rights of all residents of Juab County to keep and bear arms; that the commission acknowledges that local government officials have taken oaths of office to uphold the Constitution of the United and the Constitution of the State of Utah; that the commission wishes to express opposition to any law that would unconstitutionally restrict the rights of the residents of Juab County under the Second Amendment of the United States Constitution and Article I, Sections 1 and 6 of the State of Utah Constitution.

“Whereas, Juab County acknowledges its obligation to ensure its employees do not violate clearly established constitutional rights of which a reasonable person would have known are guaranteed under the Constitution of the United States; and

“Whereas, the Juab County Commission wishes to express its intent to stand as a sanctuary county for Second Amendment rights and to oppose, within the limits of the Constitution of the United States and the State of Utah, any efforts to unconstitutionally restrict such rights, and to use such practical and legal means at its disposal to protect the rights of the residents to keep and bear arms, including through legal action, the appropriation of public funds, and the right to petition for redress of grievances.”

“The ordinance becomes official 15-days after you pass it and upon publication,” said Peters.