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.
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.