County Board Approves Modified 2nd Amendment Preservation Act

The Effingham County Board Monday approved a modified 2nd Amendment Preservation Act. 

The measure was proposed by board member Dave Campbell due to concerns about legislation at the State and Federal levels designed, he says, to take away the right to keep and bear arms.

The legislation was tinkered with at the meeting. Board member Joe Thoele wanted the measure changed from an ordinance to a resolution. Thoele said State's Attorney Bryan Kibler said at a committee meeting last week that the measure was mostly symbolic, which is why a resolution would be more appropriate.

Campbell, though, said his proposal is an ordinance, and is enforceable. Thoele asked whether Campbell wants local authorities to take action against Federal officials trying to enforce the law, and Campbell said he does "if they try to take my guns away."

Thoele also noted that Campbell's measure said local officials "shall" act to enforce it and that brought concerns from several board members. County Board Chairman Jim Niemann, a former police officer, said "shall" means they have to enforce the measure, rather than having discretion over how to proceed in a matter. Sheriff Dave Mahon agreed that he understood "shall" means they'd have to act to enforce the measure.

Campbell then agreed to change the measure from "shall" to "may" take action. The fines that could be imposed for violations of the ordinance were inceased from $250 to $500 for each violation, but the imposition of the fines was also changed from "shall" be issued to "may". 

During further discussion, board member Rob Arnold said the ordinance involves "what we already have the authority to do." Board member Norbert Soltwedel said such a measure could be costly for the County if lawsuits are filed as a result of the Board's action. Mahon said he doesn't think the legislation has much teeth, but understood the sentiments behind taking such action. 

From a constitutional point of view, Kibler said "you're telling the state and federal governments what to do, and that's hard to do", especially since counties are the creation of those bodies.

Regardless, the 2nd Amendment Preservation Act was approved, as amended.