WHEREAS, the Second Amendment of the United States Constitution 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.” and

WHEREAS, the United States Supreme Court in District of Columbia v. Heller, 554 U.S. 570 (2008), affirmed an individual’s right to possess firearms, unconnected with service in a militia, for traditionally lawful purposes, such as self-defense within the home, and

WHEREAS, the United States Supreme Court in McDonald v. Chicago, 561 U.S. 742 (2010), affirmed that the right of an individual to “keep and bear arms,” as protected under the Second Amendment, is incorporated by the Due Process Clause of the Fourteenth Amendment against the states, and

WHEREAS, the United States Supreme Court in United States v. Miller, 307 U.S. 174 (1939), opined that firearms that are part of ordinary military equipment, or with use that could contribute to the common defense are protected by the Second Amendment, and

WHEREAS, Article 1, Section 20 of the constitution of South Carolina 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”, and

WHEREAS, certain legislation that has or may be introduced in the South Carolina General Assembly, and certain legislation which has or may be introduced in the United States Congress could have the effect of infringing on the rights of law abiding citizens to keep and bear arms, as guaranteed by the Second Amendment to the United States Constitution and Article I, Section 20 of the Constitution of South Carolina, and

WHEREAS, the Horry County Council is concerned about the passage of any bill containing language which could be interpreted as infringing the rights of the citizens of Horry County to keep and bear arms, and

WHEREAS, the Horry County Council wishes to express its deep commitment to the rights of all citizens of Horry County to keep and bear arms, and

WHEREAS, the Horry County Council wishes to express opposition to any law that would unconstitutionally restrict the rights of the citizens of Horry County to keep and bear arms, and

WHEREAS, the Horry County Council wishes to express its intent to stand as a Sanctuary County for Second Amendment rights and to oppose, within the limits of the Constitution of the United States and the State of South Carolina, any efforts to unconstitutionally restrict such rights, and to use such legal means at its disposal to protect the rights of the citizens of Horry County to keep and bear arms, including through legal action, the power to appropriate public funds, the right to petition for redress of grievances, and the power to direct the law enforcement and employees of Horry County to not enforce any unconstitutional law.

NOW, THEREFORE, BE IT RESOLVED by the Horry County Council of South Carolina:

That the County Council hereby declares Horry County, South Carolina, as a "Second Amendment Sanctuary”, and

That the County Council hereby expresses its intent to uphold the Second Amendment rights of the citizens of Horry County, South Carolina, and

That the Horry County Council hereby expresses its intent that public funds of the county not be used to restrict the Second Amendment rights of the citizens of Horry County, or to aid federal or state agencies in the restriction of said rights, and

That the Horry County Council hereby declares its intent to oppose any infringement on the right of law-abiding citizens to keep and bear arms using such legal means as may be expedient, including, without limitation, court action.

The undersigned clerk of the Horry County Council, hereby certifies that the resolution set forth above was adopted during an open meeting on <DATE>, 2019, by the members of the Horry County Council with the following votes: