Pennsylvania Police Chief Proposes ’2nd Amendment Preservation’ Ordinance
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  1. #1
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    Pennsylvania Police Chief Proposes ’2nd Amendment Preservation’ Ordinance

    Pennsylvania Police Chief Proposes ’2nd Amendment Preservation’ Ordinance

    Demand a Real Plan: Nullify Unconstitutional Gun Control

    Aaron Dykes
    Infowars.com
    January 3, 2013

    The town is small, but the message is clear: do not infringe.

    A 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.

    The full text of the proposed ordinance by Gilberton Burough Chief of Police Mark Kessler appears below:

    —————

    2nd Amendment Preservation Ordinance

    AN Ordinance, which shall be known and may be cited as the “2nd Amendment Preservation Ordinance.”

    To prevent federal, State or local infringement on the right to keep and bear Firearms, Firearms accessories or ammunition ; nullifying all federal, state or local acts in violation of the 2nd Amendment to the Constitution of the United States along with section 21 “Right to Bear Arms of the Pennsylvania constitution.

    THE PEOPLE OF THE BOROUGH OF GILBERTON DO ENACT AS FOLLOWS:

    SECTION 1

    The Governing body of the Borough of Gilberton within the state of Pennsylvania finds that:

    A. The 2nd Amendment to the Constitution of the United States reads as follows, “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.” Along with Section 21 of the constitution of Pennsylvania which states, “Right to Bear Arms.” The right of the citizens to bear arms in defense of themselves and the State shall not be questioned.

    B. All federal, state or local acts, laws, orders, rules or regulations regarding firearms, Firearms accessories or ammunition are a violation of the 2nd Amendment along with section 21 of The Pennsylvania Constitution and in violation of this ordinance.

    SECTION 2

    PROHIBITIONS ON FEDERAL, STATE OR LOCAL INFRINGEMENT OF THE RIGHT TO KEEP AND BEAR ARMS, FIREARMS ACCESSORIES OR AMMUNITION.

    A. The Governing Body of the Borough of Gilberton within the state of Pennsylvania declares that all federal ,state or Local acts, laws, orders, rules, regulations – past, present or future – shall be in violation of the 2nd Amendment to the Constitution of the United States and the Constitution of Pennsylvania are not authorized by the Constitution of the United States and the Constitution of Pennsylvania and violate its true meaning and intent as given by the Founders and Ratifies, and are hereby declared to be invalid within Gilberton Borough and all of its boundaries , shall not be recognized by this Borough or within all of its boundaries within the state of Pennsylvania, are specifically rejected by the Borough of Gilberton and within all of its boundaries within the state of Pennsylvania, and shall be considered null and void and of no effect in the Borough of Gilberton within the state of Pennsylvania.

    B. It shall be the duty of the Governing body of Gilberton Borough and within all of its boundaries within the State of Pennsylvania to adopt and enact any and all measures as may be necessary to prevent the enforcement of any federal, state or local acts, laws, orders, rules, or regulations in violation of the 2nd Amendment to the Constitution of the United States along with section 21 of the Pennsylvania Constitution or any violation of this ordinance.

    SECTION 3

    EFFECTIVE DATE

    A. This act takes effect thirty ( 30 ) days upon approval by the Governing body

    Contact:
    CHIEF OF POLICE
    MARK KESSLER
    GILBERTON BOROUGH POLICE DEPARTMENT
    2710 MAIN STREET
    MAHANOY PLANE, PA 17949

  2. #2

    Dec 2003
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    unless it hits the local paper today, (update won't be for another 40 minutes),
    there was nothing in the local paper on Kessler since he shot the Dog

    Gilberton mayor says police chief shot dog in self-defense - News - Republican Herald

    Hopefully if true, the surrounding Municipalities follow

    I see he plans to present to the city council during its January 24, 2013 meeting,
    so maybe nothing will hit the local paper till the 25th.
    Last edited by jeff of pa; Jan 04, 2013 at 02:44 AM.

  3. #3

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    Can you spell unconstitutional, illegal or just plain dumb?

  4. #4
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    Reminds me of those small town USA folk who gather in huge groups of 7 or 8 to demand their right to run pigs through the town square on sundays. In other words....of no significance whatsoever!

    Did you know over 400 new "laws" came into effect on Jan 1st in the US? Wonder if they're "unconstitutional"?....wonder if anyone actually cares as they don't have anything to do with guns as far as i know?

  5. #5

    Dec 2003
    Western Schuylkill County
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    Quote Originally Posted by Dano Sverige View Post
    Reminds me of those small town USA folk who gather in huge groups of 7 or 8 to demand their right to run pigs through the town square on sundays. In other words....of no significance whatsoever!

    Did you know over 400 new "laws" came into effect on Jan 1st in the US? Wonder if they're "unconstitutional"?....wonder if anyone actually cares as they don't have anything to do with guns as far as i know?
    Hey don't put down our Pig Races & Ho downs.
    Nothing else to do here on Sundays after Church
    & Throwing eggs at the guy in the Stocks in the town square.
    Last edited by jeff of pa; Jan 04, 2013 at 02:54 AM.

  6. #6
    gb
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    Lol, actually that is a British law in certain cities from medieval times that is STILL in effect today in places!

  7. #7

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    Quote Originally Posted by Dano Sverige View Post
    Lol, actually that is a British law in certain cities from medieval times that is STILL in effect today in places!
    LOL! It is... OP DOES indicate a WONDERFUL "Test Case" for legal purposes... I "see" it going up to the SUPREME COURT.

  8. #8

    Dec 2003
    Western Schuylkill County
    MINELAB EXPLORER SE PRO ....... Garrett Pro Pointer…… Sovereign XS-2 Pro
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    Here's an update Red ..Gilberton council shows its support for Second Amendment

    "The Council of the Borough of Gilberton within the state of Pennsylvania recognizes that all Federal, State, or Local acts, laws, orders, rules, regulations - past, present or future - in violation of the 2nd Amendment to the Constitution of the United States and/or Section 21 of the Constitution of Pennsylvania are not authorized by the Constitution of the United States and/or the Constitution of Pennsylvania and violate its true meaning and intent as given by the Founding Fathers and Ratifiers, and are hereby declared to be invalid within Gilberton Borough and all of its boundaries, and shall not be recognized by this Council and are specifically rejected by the Borough of Gilberton within all of its boundaries within the state of Pennsylvania, and shall be considered null and void and of no effect in the Borough of Gilberton within the state of Pennsylvania."




    GILBERTON - The national debate about gun control came to Gilberton on Thursday evening as the borough council unanimously adopted a resolution in support of the right to bear arms as declared in the Second Amendment of the U.S. Constitution.
    The "Second Amendment Preservation Resolution" was composed by borough police Chief Mark Kessler, who has been watching the news on gun rights and gun control and decided to show where he stands on the issue.
    "I'm a Second Amendment supporter, and over the past four years I've been watching what's going on in Washington specifically," Kessler said. "After the school shooting, these guys are going to do something against the Second Amendment. They've been trying for long before my time."
    The complete text of the Second Amendment reads: "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."

    Gilberton council shows its support for Second Amendment - News - Republican Herald

  9. #9
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    Glad to hear this and great thinking on his part.. I hope that elk county Pa. follows this same path and as many of the surrounding counties as possible.. Nice to see a law enforcement officer making a stand like this and using his position to not only serve and protect people from crime but also from the infringement of their rights... A true hero in the present time with the laws that our dictator oh I mean president is trying to get pushed through...

  10. #10

    Jun 2007
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    Quote Originally Posted by Dano Sverige View Post
    Lol, actually that is a British law in certain cities from medieval times that is STILL in effect today in places!
    USA does, too; since COLONIAL days... I think.

 

 

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