County declares 2A sanctuary

Burnet County Commissioners approved unanimously a resolution March 9 declaring its status as a “2A Sanctuary County,” becoming the 75th entity in the state to do so.

The declaration, stating that “Burnet County supports the Second Amendment,” was passed as a statement to reject federal laws passed to limit the ability of citizens to obtain, bear and/or possess firearms and ammunition as well as to be free of regulation that would limit their ability to do so.

“It is the natural tendency of civil government to expand beyond the limits of its rightful constitutional authority and usurp powers which have not been given to it through the delegated consent of the governed,” the resolution read. “Burnet County, Texas will not authorize or appropriate government funds, resources, employees, agencies, contractors, buildings, detention centers or offices for the purpose of enforcing or assisting in the enforcement of any element of such acts, laws, orders, mandates, rules or regulations, that infringe on the right by the people to keep and bear arms as described and defined in detail above.”

The regular meeting was held in the second-floor courtroom at the Burnet County Courthouse.

Commissioners first heard an earlier-version of the resolution on Feb. 9, submitted by local businessman Mark McDonald, during citizens comments. On Feb. 23, commissioners discussed the item on the agenda and requested a version closer to what other counties had passed; the version approved mirrored one passed in Montgomery County in November 2019.

The new version was placed on the March 9 agenda and resulted in discussion among McDonald, Burnet County Sheriff Calvin Boyd and Burnet County Judge James Oakley. Approximately 40 to 50 people were in the audience.

Boyd expressed that he supported a resolution that reiterated “what the Constitution states” and that his office would “follow the Constitution.”

“It seems to take the issue more seriously,” Boyd said.

He expressed concerns about proposed Red Flag Laws mentioned in the earlier version, however, this version “is something I can sign onto.”

A Red Flag Law is a gun control mechanism that enables police or family members to petition a state court to order the temporary removal of firearms from a person they deem to present a danger to others or themselves. Verbiage in McDonald’s first version specifically asked for commissioners to reject any potential laws that would allow the practice.

The approved version omitted references to Red Flag Laws and other gun control proposals under consideration, but instead cited excerpts from the Declaration of Independence, the U.S. Constitution and associated gun control court cases addressed by the U.S. Supreme Court.

“The way this resolution is written addresses Constitutional issues, and I’m comfortable with its passage the way it is,” Oakley said. “The Constitution states ‘the right to bear arms shall not be infringed’, and we need to hold the line and stick with the founding fathers intent in their writings.”

Ultimately Oakley expressed support for the sheriff’s insight as well.

“I wanted to get our local law enforcement involved and make sure he is comfortable with this because it’s going to involve him (the sheriff) directly,” Oakley said.

Despite the amended version, McDonald supported the commissioners passage of the final resolution.

“I would like to remind commissioners that everything that is done is political,” he said. “(Proposed) [1] egislation that is currently in D.C. has pulled the brakes off of everything.”

Legislation being considered in Congress includes new gun control measures such as expanded universal background checks, firearms registration, insurance and psychological evaluation requirements, federal fees for each firearm owned, ammunition restrictions and prohibition of certain firearms.

“I would like to thank the commissioners for making Burnet County the 75th [county, city or township] to pass a 2A resolution,” McDonald said. “Although my version was a little more political, I believe it accurately addressed everything in the Second Amendment as well as everything that is not there.”