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BOARD OF COUNTY COMMISSIONERS <br />COUNTY OF KITTITAS <br />STATE OF WASHINGTON <br /> <br />RESOLUTION REGARDING INITIATIVE 1639 <br />RESOLUTION No. 2019-______ <br /> <br />WHEREAS, Purported popular sentiment may not infringe on Constitutional Rights 1,2; <br />and <br /> <br />WHEREAS, Initiative 1639 imposes restrictions on commonly owned and used <br />semiautomatic rifles without factual basis 3,4; and <br /> <br />WHEREAS, Initiatives do not receive judicial deference in the Federal Courts 5; and <br /> <br />WHEREAS, The United States Supreme Court has recognized that the Second <br />Amendment to the United States Constitution guarantees an individual right to possess and carry <br />weapons 6 and that self-defense is the central component of that right 7; and <br /> <br />WHEREAS, The United States Supreme Court has also recognized that the Second <br />Amendment to the United States Constitution applies to “all instruments that constitute bearable <br />arms, even those that were not in existence at the time of the founding”8; and <br /> <br />WHEREAS, The United States Supreme Court has ruled that this individual right is <br />among those fundamental rights necessary to our system of ordered liberty9; and <br /> <br />WHEREAS, The United States Supreme Court has thus ruled that this right applies to <br />the States through the Fourteenth Amendment to the United States Constitution10; and <br /> <br />WHEREAS, The Washington Supreme Court has concluded the same with regard to the <br />similar provision of the State Constitution and predicted the application of the Second <br />Amendment to the States in the same manner and for the same reasons as the United States <br />Supreme Court 11; and <br /> <br />1 Duncan v. Becerra, 366 F. Supp. 3d 1131, 1136-7 (2019). 2 McDonald v. City of Chicago, 561 U.S. 742, 791 (2010). <br />3 https://crimeresearch.org/2018/11/new-cprc-research-mass-public-shootings-are-much-higher-in-the-rest-of-the- <br />world-and-increasing-much-more-quickly/, last visited June 10, 2019. 4 Duncan v. Becerra, 366 F. Supp. 3d 1131, 1137 (2019). 5 Duncan v. Becerra, 366 F. Supp. 3d 1131, 1167 (2019). 6 District of Columbia v. Heller, 554 U.S. 570, 592 (2008). 7 Id., at 599. 8 District of Columbia v. Heller, 554 U.S. 570, 582 (2008). 9 McDonald v. City of Chicago, 561 U.S. 742, 778 (2010). 10 McDonald v. City of Chicago, 561 U.S. 742, 791 (2010). 11 State v. Sieyes, 168 Wn. 2d 276, 287 (2010).