[HISTORY: Adopted by the Board of Supervisors of the Township
of West Manheim 2-18-2020 by Ord. No. 1-2020. Amendments noted where
applicable.]
The title of this chapter shall be known as the "Second Amendment
Sanctuary Ordinance," or "SASO."
The Supervisors of West Manheim Township, York County, Pennsylvania,
find and declare:
A.
Acting through the United States Constitution, the people created
government to be their agent in the exercise of a few defined powers,
while reserving to the citizens the right to decide on matters which
concern their lives, liberty, and property in the ordinary course
of affairs;
B.
The Second Amendment to the Constitution of the United States of
America states, "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";
C.
Article I, Section 21 of the Constitution of the Commonwealth of
Pennsylvania states, "The right of the citizens to bear arms in defense
of themselves and the State shall not be questioned";
D.
The right of the people to keep and bear arms is further protected
from infringement by state and local governments under the Tenth and
Fourteenth Amendments to the Constitution of the United States of
America;
E.
The Supreme Court of the United States of America in District of
Columbia v. Heller recognized the individual's right to keep
and bear arms, as protected by the Second Amendment of the Constitution
of the United States of America. Justice Antonin Scalia's prevailing
opinion in that case stated that the Second Amendment protects an
individual's right to possess a firearm unconnected with service
in a militia, and the right to use that firearm for traditionally
lawful purposes, such as self-defense within the home;
F.
Section 1 of the Fourteenth Amendment to the Constitution of the
United States of America states, "No State shall make or enforce any
law which shall abridge the privileges or immunities of citizens of
the United States; nor shall any State deprive any person of life,
liberty, or property, without due process of law; nor deny to any
person within its jurisdiction the equal protection of the laws";
G.
The Supreme Court of the United States recognized in McDonald v.
City of Chicago that the Second Amendment to the Constitution was
incorporated by the Fourteenth Amendment and thereby made applicable
to the States;
H.
The right to be free from the commandeering hand of government has
been recognized by the United States Supreme Court in Printz v. United
States. The Court held: "The Federal Government may neither issue
directives requiring the States to address particular problems, nor
command the States' officers, or those of their political subdivisions,
to administer or enforce a federal regulatory program";
I.
Therefore, the right to keep and bear arms is a fundamental individual
right that shall not be infringed;
J.
Local governments have the legal authority to refuse to cooperate
with state and federal firearm laws that violate those rights and
to proclaim a Second Amendment Sanctuary for law-abiding citizens
in their cities and counties;
K.
Therefore, through the enactment of this document, West Manheim Township,
York County, Pennsylvania, is hereby a Second Amendment Sanctuary.
A.
Notwithstanding any other law, regulation, rule or order to the contrary,
no agent, department, employee or official of West Manheim Township,
York County, a political subdivision of the Commonwealth of Pennsylvania,
while acting in their official capacity, shall:
(1)
Knowingly and willingly, participate in any way in the enforcement
of any unlawful act, as defined herein, regarding personal firearms,
firearm accessories, or ammunition.
(2)
Utilize any assets, West Manheim Township funds, or funds allocated
by any entity to the county, in whole or in part, to engage in any
activity that aids in the enforcement or investigation relating to
an unlawful act in connection with personal firearms, firearm accessories,
or ammunition.
B.
This chapter does not regulate the lawful ownership, possession,
transfer or transportation of firearms, ammunition or ammunition components.
On the contrary, this chapter prohibits the enforcement of unlawful
acts or use of assets, West Manheim Township funds, or funds allocated
by any entity to the County, in whole or in part, to engage in any
activity that aids in the enforcement or investigation relating to
an unlawful act.
A.
An "unlawful act" shall consist of any federal or state act, law,
order, rule, or regulation, which restricts an individual's constitutional
right to keep and bear arms, including any federal or state act, law,
order, rule, or regulation which bans or effectively bans, registers
or effectively registers, or limits the lawful use of firearms, firearm
accessories or ammunition (other than a fully automatic firearm manufactured
on or after May 19, 1986, possession of which is generally prohibited
under federal law) except in accordance with protection from abuse
orders, criminal statutes prohibiting possession by persons convicted
of crimes, and similar valid federal and state laws, regulations and
court orders. Any such "unlawful act" is invalid in West Manheim Township
and shall not be recognized by the Township, and shall be considered
null, void and of no effect, and this includes, but shall not be limited
to the following:
(1)
Any tax, levy, fee, or stamp imposed on firearms, firearm accessories,
or ammunition not common to all other goods and services on the purchase
or ownership of those items by citizens;
(2)
Any act forbidding the possession, ownership, or use or transfer
of any type of firearm, firearm accessory, or ammunition by citizens
of the legal age of 18 and over, other than pursuant to federal law
background check requirements for transfers or purchases through FFL
dealers or in accordance with protection from abuse orders, criminal
statutes prohibiting possession by persons convicted of crimes, and
similar valid federal and state laws, regulations and court orders;
(3)
Any act ordering the confiscation of firearms, firearm accessories,
or ammunition from citizens except in accordance with protection from
abuse orders, criminal statutes prohibiting possession by persons
convicted of crimes, and similar valid federal and state laws, regulations
and court orders;
(4)
Any prohibition, regulation, and/or use restriction related to ownership
inconsistent with the constitutionally guaranteed lawful use or carry
of non-fully automatic firearms.
B.
Anyone within the jurisdiction of West Manheim Township, York County,
Pennsylvania, accused to be in violation of this chapter may be sued
in the Court of Common Pleas of York County, Pennsylvania for declaratory
and injunctive relief, damages, and attorneys' fees.
C.
Any West Manheim Township police officer may enforce this chapter.
D.
Any person who shall violate any provision of this chapter shall,
upon conviction thereof, be sentenced to pay a fine of not more than
$1,000 and costs and, in default of payment, to undergo imprisonment
for a term not to exceed 30 days. All prosecutions shall be brought
before the magisterial district judge having jurisdiction over summary
violations that occur in West Manheim Township.
E.
Exceptions:
(1)
The protections provided to citizens by this chapter do not apply
to persons who are prohibited from possessing firearms under federal
law; or permanently prohibited from possessing firearms under the
laws of this commonwealth pursuant to conviction in a criminal court.
(2)
This chapter is not intended to prohibit or affect in any way the
prosecution of any crime for which the use of, or possession of, a
firearm is an aggravating factor or enhancement to an otherwise independent
crime.
(3)
This chapter does not permit or otherwise allow the possession of
firearms in locations where possession of firearms is prohibited under
federal law or the laws of this commonwealth.
(4)
This chapter does not prohibit enforcement of protection from abuse
orders, criminal statutes prohibiting possession by persons convicted
of crimes, and similar valid federal and state laws, regulations and
court orders.
(5)
This chapter does not prohibit individuals from voluntarily participating
or assisting in permitting, licensing, registration or other processing
of applications for a license to carry firearms, a PICS check, or
other firearm, firearm accessory, or ammunition licensing or registration
processes that may be required by law.
The provisions of this chapter are hereby declared to be severable,
and if any provision of this chapter or the application of such provision
to any person or circumstance is declared invalid for any reason,
such declaration shall not affect the validity of the remaining portions
of this chapter.
The effective date of this chapter, The Second Amendment Sanctuary
Ordinance, or SASO, shall be five days following approval by the West
Manheim Township Board of Supervisors.
