WHEREAS, a government of, by, and for the people has long been a cherished American value and the foundation of our freedom; and We The People’s fundamental and inalienable right to self-govern, and thereby secure rights to life, liberty, property, and the pursuit of happiness is guaranteed in the U.S. Constitution and the Declaration of Independence, and;
WHEREAS, the Second Amendment to the United States Constitution provides: “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;” and
WHEREAS, the Fourth Amendment to the United States Constitution provides: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized;” and
WHEREAS, the Ninth Amendment to the United States Constitution provides: “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people;” and
WHEREAS, the Tenth Amendment to the United States Constitution provides: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people;” and
WHEREAS, the Texas Constitution, Article 1 Section 23a declares: “Every citizen shall have the right to keep and bear arms in the lawful defense of himself or the State;” and
WHEREAS, the Texas Constitution, Article 1 Section 29 declares: “To guard against transgressions of the high powers herein delegated, we declare that everything in this “Bill of Rights” is excepted out of the general powers of the government, and shall forever remain inviolate, and all laws to the contrary thereto, or to the following provisions, shall be void;” and
WHEREAS, the citizens of Pearland, Texas recognize their duty as law-abiding citizens to act in accordance with the U.S. Constitution and the Texas Constitution, and agree that the right to keep and bear arms shall not be infringed upon by any government or organization, political or otherwise.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City Council hereby calls upon our state legislators and elected officials to join with the City in affirming of the rights of our citizens;
Section 2. That the City Council believes that any attempt by a government agency to further limit the a citizens state or federal constitutional rights granted to keep and bear arms would be misguided and unconstitutional, and that any such action shall be viewed as infringement on the constitutional rights of the citizens of Pearland;
Section 3. That the City of Pearland calls on other communities and jurisdictions to join with us in this action by passing similar Resolutions; and
Section 4. That copies of this Resolution be immediately transmitted to the President of the United States; the President of the United States Senate; the Speaker of the House of Representatives; each member of Congress from the State of Texas; each justice on the United States Supreme Court; the Attorney General of the State of Texas; the President of the Senate and the Speaker of the House of Representatives of Texas’ legislature; each individual legislator that represents our district in the State of Texas; and the Sheriff of Brazoria County.
PASSED, APPROVED and ADOPTED this the _____ day of _________________, A.D., 2013.
YOUNG LORFING, TRMC
APPROVED AS TO FORM:
DARRIN M. COKER