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January 14, 2020
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<br />WHEREAS,
<br />the United States Supreme Court, in District of Columbia v. Heller,
<br />554 U.S. 570 (2008), affirmed an individual’s right to own and possess firearms for self-
<br />defense within the home or other lawful purposes; and
<br />
<br />WHEREAS,
<br />the United States Supreme Court, in McDonald v. Chicago, 561 U.S.
<br />742 (2010), affirmed that the right of an individual to “keep and bear arms,” as protected
<br />under the Second Amendment applies to the states through the Due Process Clause of
<br />the Fourteenth Amendment to the United Stated Constitution; and
<br />
<br />WHEREAS,
<br />the Portsmouth City Council feels that the right of citizens to bear
<br />arms, as stated in both the United States Constitution and the Virginia Constitution, is a
<br />fundamental right that should be protected to the greatest degree possible; and
<br />
<br />WHEREAS,
<br />the Fifth Amendment to the United States Constitution provides that
<br />“No person shall...be deprived of life, liberty, or property, without due process of law; nor
<br />
<br />shall private property be taken for public use, without just compensation”; and
<br />
<br />WHEREAS,
<br />the members of the Portsmouth City Council have taken an oath to
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<br />defend and uphold the United States and Virginia Constitutions; and
<br />
<br />WHEREAS,
<br />unless an express delegation exists from the General Assembly, the
<br />Portsmouth City Council has no legislative or regulatory authority related to “the purchase,
<br />possession, transfer, ownership, carrying, storage or transporting of firearms,
<br />ammunition, or components or combination thereof”, as provided by Section 15.2-915 of
<br />the Code of Virginia, 1950, as amended, and has no authority over the independent
<br />
<br />execution of the duties of the constitutional officers involved in law enforcement; and
<br />
<br />WHEREAS,
<br />the Portsmouth City Council expresses opposition to any law that
<br />would unconstitutionally restrict the rights of law-abiding citizens of the City of Portsmouth
<br />
<br />to keep and bear arms; and
<br />
<br />WHEREAS,
<br />the Portsmouth City Council strives to act in the best interest of the
<br />City and its citizens, and accordingly wishes to express its sentiments with regard to this
<br />important matter, and its continuing intent to take lawful action to protect these important
<br />rights.
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<br />NOW, THEREFORE, BE IT RESOLVED,
<br />by the Portsmouth City Council that this
<br />body expresses its commitment by all legal means and remedies to respect, preserve,
<br />and uphold the Second Amendment of the United States Constitution and Article I, § 13
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<br />of the Virginia Constitution; and
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<br />BE IT FURTHER RESOLVED,
<br />that the Portsmouth City Council hereby expresses
<br />its strong support for the rights of law-abiding citizens to keep and bear arms and urges
<br />the members of the General Assembly and the Governor to take no action which would
<br />violate the freedoms guaranteed in both Constitutions or burden law-abiding citizens who
<br />
<br />currently lawfully possess certain weapons and capacity magazines; and
<br />
<br />BE IT FURTHER RESOLVED,
<br />that the Portsmouth City Council hereby expresses
<br />its intent to uphold the Second Amendment rights of law-abiding citizens within the limits
<br />of the Constitutions of the United States, the Commonwealth of Virginia, and the laws
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<br />thereof; and
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<br />BE IT FURTHER RESOLVED,
<br />that the Portsmouth City Council declares
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<br />Portsmouth a “Second Amendment Constitutional City”; and
<br />
<br />BE IT FURTHER RESOLVED,
<br />that the Portsmouth City Council directs the City
<br />Manager to forward a copy of this resolution to the City’s General Assembly delegation
<br />
<br />and to the Governor of Virginia.”
<br />
<br />Ayes: Battle, Clark, Moody, Psimas
<br />Nays: Glover, Lucas-Burke, Rowe
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