VAN BUREN -- Crawford County announced its support for the constitutional rights of its residents, especially the right to keep and bear arms.
The Quorum Court approved an ordinance declaring Crawford a "Second Amendment County" during its meeting Monday in a 12-0 vote. District 11 Justice of the Peace Craig Wahlmeier was the only member absent. There was no discussion on the matter Monday.
The ordinance affirms the county's "commitment to guard against any encroachment on individual liberty rights."
Mike Rainwater, an attorney for the Association of Arkansas Counties Risk Management Fund, drafted the ordinance with the exception of some small amendments by County Attorney Jacob Howell.
Rainwater said Monday that Crawford County is "declaring what the law says," with it respecting state and federal law.
District 10 Justice of the Peace Jayson Peppas sponsored the ordinance. Peppas said before the meeting he believed, with certain gun control legislation in process in Congress, the federal government "has intentions of getting rid of the Second Amendment."
"I want this ordinance to pass tonight to make a statement that, here in Crawford County, that's not what we're about," Peppas said.
Audience members applauded when the ordinance passed.
The Second Amendment to the U.S. Constitution 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." Article 2, Section 5 of the Arkansas Constitution of 1874 states: "The citizens of this State shall have the right to keep and bear arms, for their common defense."
The ordinance declares the county's official policy will be the right to keep and bear arms as defined by the U.S. and Arkansas constitutions will be honored by county officials and employees as a "constitutionally protected individual liberty right" and any act of any legislature abrogating the Second Amendment or Article 2, Section 5, will be treated as void and unenforceable in the county.
The ordinance states county officials and employees will not interpret or construe any legislation in any manner that would deny or disparage the Bill of Rights or Declaration of Rights, and will guard against any encroachments on either.
In addition, the ordinance states county officials and employees will use the county's state political subdivision police powers in a manner that both recognizes the people's individual liberty rights and complies with the constitutional requirements of due process.
Scott County became the first Arkansas county to approve a "Bill of Rights Ordinance" on Jan. 21, 2020. The county declared it wouldn't enforce any laws it deems unconstitutional, including laws restricting guns.
Rainwater determined the Scott County ordinance to be unconstitutional. Among his other criticisms were that, according to Article 2, Section 12 of the Arkansas Constitution, it is unconstitutional for a county to "suspend or set aside the law or laws of the State."
The Quorum Court for Sebastian County, which borders Crawford County to the south, rejected a motion to approve a "Bill of Rights sanctuary" emergency ordinance of its own June 16. This ordinance was the same as Scott County's, but with Sebastian County in the language.