Second Amendment sanctuary: Residents want court to address violations

Draft sanctuary proposal lacks ‘teeth,’ group tells commissioners

HOLLIDAYSBURG -- Blair County residents in support of creating a Second Amendment sanctuary are proposing use of the county court system to address alleged violations.

The residents, who complained that a previous version of a sanctuary intergovernmental agreement lacked teeth, came up with their own version now under review by county commissioners Bruce Erb, Laura Burke and Amy Webster.

"I believe our agreement covers all the issues we have while still incorporating what the county wanted," Blair County Tea Party President Rhonda Holland told commissioners Tuesday.

Blair County Second Amendment Coalition President Bonita Shreve, who has been attending commissioners' meetings and asking for action that creates the sanctuary, also endorsed the version Holland distributed.

"We're not asking you to accept this draft," Shreve told commissioners Tuesday. "We the people are telling you to accept this draft."

As proposed, the draft states that if any legislation passed after Nov. 2, 2021, infringes upon an eligible citizen's right to bear arms, then that citizen can file a petition with the county court seeking declaratory or injunctive relief.

Should a judge grant relief with a ruling or an injunction, then the judge can also consider awarding reasonable attorney fees.

For the agreement to become effective, it has to be approved by county commissioners and the municipal governing bodies inside the county. That reflects the language in the voter referendums approved in November.

Frankstown Township resident Don Corl, who described himself as one of the 17,847 people who voted in favor of the Second Amendment sanctuary referendums, urged commissioners not to ignore the draft agreement reviewed by four attorneys.

"To simply disregard that draft would be a disservice to all those people who voted yes," Corl said.

Commissioners, who received copies of Holland's proposal before the meeting, had some discussion Tuesday and indicated that more is warranted.

Webster raised questions about what the "county can and can't do" based on powers delegated to the county by the state.

"We're caught by what state government says we can do," she said.

She also referenced the portion of the draft indicating that someone can petition the county court with a relative complaint and that the court will hold a hearing within seven days.

Webster said that's beyond the county commissioners' authority.

"We cannot direct the courts to do that," she said.

Erb told Webster that it would be helpful to him if she put her concerns and commentary in writing for future discussion.

Burke also asked a question about the cost of defense if someone brings a petition to the county court alleging an infringement upon their Second Amendment rights. Based on the language in the voter referendums, taxpayer dollars cannot be used to enforce legislation infringing upon an eligible citizen's right to bear arms.

Webster suggested that the cost of defense would fall to "the ones who passed the law" that allegedly infringes on Second Amendment rights. Her answer, however, allowed her to think of a follow-up question: "What if that is the commonwealth?"

Holland said her group came up with the proposed draft, whose primary author was local attorney Dan Kiss, because the commissioners failed to involve local residents in efforts to create the Second Amendment sanctuary as the voters directed.

"The last time we were here for public comment (in January), we begged for a citizens commission, for citizens to have a voice in creating this document," Holland said.

Since January when commissioners began including the Second Amendment sanctuary on their meeting agendas, they've encouraged the public to submit comments on the proposed intergovernmental agreement.

"Where's the citizens' involvement?" Holland asked. "That's why we took it upon ourselves to draft our own agreement. It wasn't out of spite or malice. We just knew we were being left out of the process."

Corl also told commissioners that there may be some things in the draft Holland provided warranting further review. He offered to help and suggested commissioners play a leading role.

"I think the municipalities are looking to the county for direction," Corl said. "And I think the county has to step up here and do something that is worthy and that everybody's going to be happy with."

Mirror Staff Writer Kay Stephens is at 814-946-7456.