Position Statement of David A.

Rushing
St. Clair County Commissioner, District #6

Re: Second Amendment Sanctuary County Designation

The matter of sanctuary county designation for our County has been duly placed
before us by State Representative Gary Eisen. Recently, this issue is generating a lot of
public interest on a state and national level. It is also an issue of significant concern to the
citizens of St. Clair County for good reason. Having placed this matter formerly before us
the citizens of St. Clair County deserve to know where each of their county
commissioners stand on the issue. It is incumbent on every elected official to be as open,
honest and transparent as possible in all matters we address in our official capacity. With
this position statement, to be made part of the official record, I intend to set out my
thoughts and position on the matter at hand.

I will start by saying that I was raised in a military family. I have made St. Clair
County Michigan my home. I reside on a family farm in Riley Township. My wife Sally
and I have been married 45 years, we have 3 children and 7 grandchildren. I own and
operate a small business in St. Clair and Huron Counties. I have served as an elected
official as a Township Supervisor and County Commissioner for many years. I love this
community and I love this country. I am a student of history and have made it a point to
have studied the writings of our founding fathers that gave birth to this free nation in
which we live. Writings such as the Articles of Confederation adopted in 1781 to our
present-day Constitution that our founding fathers set in place to secure the rights of a
free people, rights grounded in a struggle for sovereignty, freedom and independence.

During the constitutional debates on June 6th, 1789 James Madison wrote “…. the
powers of the federal government are enumerated; it can only operate in certain cases: it
has legislative powers on defined and limited objects, beyond which it cannot extend its
jurisdiction”. Two years later our present constitution was ratified by all 13 states.
Thereafter, on December 15th, 1791 the states adopted the Bill of Rights containing
Article II the Second Amendment, along with nine other articles. The Bill of Rights has
stood as the law of the land to present day. One should take a moment to appreciate how
important the right to bear arms must have been to our founding fathers. Of all of their
possessions, their home, there personal affects, there livestock and horses, guns were the
only item of personal property in the constitution that was specifically accorded
protection. Why is that? Thomas Jefferson answered that question in one of his early
writings, he wrote “The strongest reason for the people to retain the right to keep and bear
arms is, as a last resort, to protect themselves against the tyranny of government.” It was
in fact George Washington who said “The very atmosphere of firearms anywhere and
everywhere restrains evil interference. They deserve a place of honor with all that is
good.” Contrast that with the writings of history’s most evil despots, Adolph Hitler who
wrote “The most foolish mistake we could possibly make would be to allow the people to
carry arms. History shows that all conquerors who have allowed their subjects to carry
arms have prepared their own downfall by so doing.”

My position in this matter is both simple and clear. I support the right of each and
every citizen of this great country to keep and bear arms within the meaning and intent of
our founding fathers as set forth in the Second Amendment contained in the Bill of Rights
to our Constitution. I also fully support the command that the right to bear arms shall not
be infringed. I commit to do everything in my power to see to it that this Board upholds
the right to bear arms inviolate for its citizens. I have drafted and attached hereto a
Proposed Resolution Concerning Supporting the Second Amendment of the Constitution
of the United States designation St. Clair County Michigan a Second Amendment
Sanctuary County. I will formerly move its adoption by the St. Clair County Board of
Commissioners. This action on my part is based upon my understanding and appreciation
for our founding fathers, the belief that America is good, the belief that guns are good,
guns save lives, guns reduce crime and armed zone is a safe zone.

With this formal position statement and my proposed resolution, I have done all I can do
to make my position clear and act upon it for the benefit of our citizens. I will again cite
Thomas Jefferson in this closing remark, he said “The price of freedom is eternal
vigilance”. So true when said and so true today. I urge our citizens to be ever vigilant to
preserve and protect the rights reserved to each of us to keep and bear arms. I urge the
adoption of my proposed resolution by my colleagues on the board.

God Bless this County, State and Country.

Respectfully submitted,

_________________________________
David A. Rushing
St. Clair County Commissioner
District #6
 RESOLUTION 20-___

CONCERNING SUPPORTING THE SECOND AMENDMENT OF THE

CONSTITUTION OF THE UNITED STATES

Commissioner DAVID RUSHING having moved passage of the following resolution.

WHEREAS, the Board of Commissioners met in Regular Session this ____ day of
_________ 2020; and

WHEREAS, Michigan Compiled Laws § 46.11 Section J provide authorization for the
Board of Commissioners to “…pass ordinances that relate to county affairs…;”, and

WHEREAS, Michigan Compiled Laws § 46.29 Section 29 provide authorization for the
Board of Commissioners to make resolutions and other determinations and further that
“Every order, resolution and determination of such board of supervisors, made in
pursuance of this act, shall be recorded in the records of such board, and signed by the
chairman and clerk of such board.;”, and

WHEREAS, the Second Amendment to the Constitution of the United States, adopted in
1791 as part of the Bill of Rights, protects the individual right of the people to keep and
bear arms stating therein that “ the right of the people to keep and bear arms shall not be
infringed.”; and

WHEREAS, the St. Clair County Board of Commissioners wishes to express its deep
commitment to the rights of all citizens of St. Clair County Michigan to keep and bear
arms.; and

WHEREAS, the Supreme Court of the United States, in District of Columbia v. Heller,
554 U.S. 570 (2008), affirmed an individual’s right to possess firearms unconnected with
service in a militia for traditionally lawful purposes such as self-defense within the home;
and

WHEREAS, the Supreme Court of the United States, in McDonald v Chicago, 561 U.S.
742 (2010), affirmed that the right of an individual to “keep and bear arms,” as protected
under the Second Amendment is incorporated by Due Process Clause of the Fourteenth
Amendment and therefore applicable against the several states of the United States; and

WHEREAS, Article I, Section 1 of the Constitution of the State of Michigan provides

that “All political power is inherent in the people. Government is instituted for their equal
benefit, security and protection,”; and
WHEREAS, Article I, Section 6 of the Constitution of the State of Michigan provides
that “Every person has a right to keep and bear arms for the defense of himself and the
state.,”; and

WHEREAS, Article I, Section 7 of the Constitution of the State of Michigan provides

that “The military shall in all cases and at all times be in strict subordination to the civil
power.,”; and

WHEREAS, each member of this Board took an oath to support and defend the
Constitution of the United States and the Constitution and Laws of the State of Michigan
, and today hereby reaffirm our commitment to that oath.

WHEREAS, there is significant interest among the citizens of this county and the elected
State Representative Gary Eisen having duly requested a resolution of commitment and
unwavering support by this Board for the benefit of our mutual constituencies;

NOW, THEREFORE, BE IT RESOLVED that the St. Clair County Board of

Commissioners, by the authority granted by the laws of the State of Michigan and the
people of St. Clair County, Michigan do hereby restate and reaffirm the commitment of
the St. Clair County Board of Commissioners to hold inviolate and support and defend
the rights and liberties of the citizens of St. Clair County as guaranteed by the
Constitution of the United States and the Constitution of the State of Michigan; and

BE IT FURTHER RESOLVED that the St. Clair County Board of Commissioners

affirms its commitment to support and defend the right of the citizens of St. Clair County
to keep and bear arms as guaranteed by the Second Amendment to the Constitution of the
United States and the Constitution of the State of Michigan.

BE IT FURTHER RESOLVED that the St. Clair County Board of Commissioners

encourages all citizens of St. Clair County to support and defend their right to keep and
bear arms as guaranteed by the Second Amendment to the Constitution of the United
States and the Constitution of the State of Michigan.

BE IT FURTHER RESOLVED that the St. Clair County Board of Commissioners

herby declares its intent to uphold the second Amendment rights of the citizens of St.
Clair County Michigan and its intent that public funds of the county not be used directly
or indirectly to restrict the Second Amendment rights or to aid in the unnecessary and
unconstitutional restriction of the rights under the Second Amendment of the citizens of
St. Clair County to keep and bear arms; nor shall this Board appropriate any funds for
any enforcement of unconstitutional laws against the people of St. Clair County. ; and

BE IT FURTHER RESOLVED that the St. Clair County Board of Commissioners

herby declares its intent to oppose unconstitutional restrictions on the right to keep and
bear arms through such lawful means as may be expedient, and

BE IT LASTLY RESOLVED the People of St. Clair County Michigan hereby declare
The County of St. Clair to be a Second Amendment Sanctuary County.

IN WITNESS THEREOF, Jeffery Bohm Chairman of the Board, on behalf of the St.
Clair County Board of Commissioners, sets his hand and causes the seal of the county of
St. Clair , State of Michigan , to be affixed on the day of _________ 2020.

_________________________________________
Jeffery Bohm Chairman of the St. Clair
County Board of Commissioners

STATE OF MICHIGAN )

County of St. Clair )

I, Jay DeBoyer, Clerk of the County of St. Clair and of the County Board of
Commissioners, do hereby certify that the foregoing is a true and complete copy of the
resolution adopted by the Board at its regular meeting on ________________.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
County of St.
Clair this _____________________ at Port Huron, Michigan.

_____________________________________
Jay DeBoyer, Clerk of the County of St. Clair