Board’s 12-4 decision: “Right to bear arms” not county’s call.
Second Amendment Sanctuary status: Not here
WHITEHALL, Wis. – The Trempealeau County Board decided 12-4 against declaring the county a Second Amendment Sanctuary. There was one absention. The decision ended months of divisive and fiery debate that originated in fervent right-wing pro-gun circles. The defeated resolution, entitled “Opposition to the Enactment of Any Legislation that Would Infringe Upon the Right of People to Keep and Bear Arms,” would have positioned the county against any legislation that would infringe upon the right to bear arms. Discussion was limited to board members – one month after robust citizen discussion at a meeting that went late into the night. The discussion Monday was civil. Indeed, board members who favored the sanctuary didn’t speak at all – not even Supervisor Junior Prudlich, who had drafted the resolution. In opposition, Supervisor Sally Miller of Galesville said it would make no sense for the county to go on record against state or federal anti-gun laws that don’t exist. The resolution was mere symbolism and, she said, unenforceable. Rick Neimeier, the county’s corporation counsel, said the resolution could expose the county to difficult litigation. In effect, he said, the county would be deciding what laws were and were not constitutional. That, he said, is the purview of the courts, not elected officials. “It puts the burden on this board to decide what it is an unconstitutional law. The way our government is set up, the courts do that. Whenever a law is enacted by the legislature, it is presumed constitutional until a court determines otherwise.” Supervisor Randall Tollefson of Ettrick suggested at one point that the vote be postponed and instead a public referendum be in a ballot in 2022. A postponement was dismissed after several board members noted that referendums are merely advisory and that the issue would come back to the board anyway.
Miller. Expressed concern about liability if county ever tried to enforce sanctuary status.
Verbatim
Miller: “Because if this month we do this, what issue do we take on next month and decide what we get to do overreach on? What group comes to us next month and says, ‘Please ignore the law on this?’ I am not at all comfortable trying to decide what is constitutional or not, but I am even more uncomfortable with the idea of committing government overreach of exceeding my authority.”