Pennsylvania Police Chief Proposes “2nd Amendment Preservation Ordinance” -
The town is small, but the message is clear: do not infringe.
Pennsylvania Police Chief Proposes 2nd Amendment Preservation Ordinance infringement prevention ordinance 2nd amendmentA police chief in Gilberton, Pennsylvania, a small burough in Schuylkill County with a population of only 867 people, is proposing a ’2nd Amendment Preservation’ Ordinance that he plans to present to the city council during its January 24, 2013 meeting.
The ordinance, if adopted, would formally require the city to “enact any and all measures as may be necessary” to prevent the violation of the 2nd Amendment by any federal, state or local entity.
In addition to formally recognizing the 2nd Amendment to the Constitution, which guarantees the right to keep and bear arms, Chief of Police Mark Kessler, who wrote the proposal, also pointed out the additional protection under the Pennsylvania constitution which specifically recognizes the “Right to Bear Arms” under Sections 21.
That section reads, in full, “The right of the citizens to bear arms in defense of themselves and the State shall not be questioned.”
The proposal would further require the local government to nullify “all federal, state or local acts in violation of the 2nd Amendment” and declare them to be invalid within Gilberton Borough limits. The right to nullify unconstitutional laws is granted under the 10th Amendment to Constitution, which further reserves powers not explicitly granted to the (limited) federal government to the states and the people.
Police chief Mark Kessler confirmed an e-mail detailing his proposal by phone, indicating that he didn’t expect the ordinance would “do much” beyond sending a message to those in the media and Washington, yet he stated he felt the need to stand up to those demanding gun control in the wake of the Sandy Hook shooting tragedy.