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Cape Coral Libertarians work to pass gun rights resolution

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While sports fans will be recovering from weekend Super Bowl parties, Libertarians and Second Amendment activists will be in Cape Coral on Monday advocating for city leaders to be supportive of the Second Amendment and their Oaths of Office. Activists in Collier and Lee counties have been successful in getting a Second Amendment resolution passed in various municipalities in Southwest Florida and Monday they set their sights on the City of Cape Coral after a majority of council members previously rejected the proposed resolution (seen below).

The activists are asking residents and voters of Cape Coral, Florida to sign an online petition, email their city council (see below for their emails) as well as attend Monday afternoon's city council meeting at 4:30 p.m on Cultural Park Boulevard.

Elsa Martinez, the Regional Representative for the Libertarian Party of Florida for the area, said today, "In light of the actions already taken on the federal level to restrict our 2nd Amendment rights, in addition to the president's own comments at the State of the Union address, declaring that he will sidestep congress and issue executive orders to increase gun control, it is absolutely imperative that we come together in our towns, cities and counties and urge our immediate representatives and elected officials to send a message to the state and the country that we will not cooperate with tyranny. Libertarians are continuously at the forefront of these important issues. Cape Coral is very lucky to have patriots like Matt Worley and Lisa Cohen leading this crucial effort."

All Cape Coral, Florida City Council members are required to take an Oath of Office which reads:

I do solemnly swear (or affirm) that I will support, protect, and defend the Constitution and Government of the United States and of the State of Florida; that I am duly qualified to hold office under the Constitution of the State, and that I will well and faithfully perform the duties of
_______________________________________________________________________
(Title of Office)

on which I am now about to enter, so help me God.

[NOTE: If the elected official affirms, they may omit the words “so help me God.” See § 92.52, Fla. Stat.]

Here is the resolution the libertarians are asking the Cape Coral City Council to pass:

RESOLUTION 61-13

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CORAL FORMALLY DECLARING ITS SUPPORT OF THE SECOND AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES; PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Second Amendment to the Constitution of the United States provides: "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, Article I, Section 8 of the Constitution of the State of Florida provides: "The right Of the people to keep and bear arms in defense of themselves and of the lawful authority of the state shall not be infringed, except that the manner of bearing arms may be regulated by law;" and

WHEREAS, the United States Supreme Court in recent years has twice upheld the Second Amendment as applying to individuals' right to keep and bear arms {District of Columbia v. Heller, 128 S. Ct. 2783 (2008) and McDonaldv. Chicago, 130 S.Ct. 3020 (2010); and

WHEREAS, each and every member of the City Council of the City of Cape Coral has sworn an oath to support, protect and defend the Constitution of the United States and of the State of Florida; and

WHEREAS, the City understands that the President and Vice President of the United States, and certain members of Congress, may be considering adopting laws, regulations or actions which would have the effect of infringing on the right of Americans to keep and bear arms; and

WHEREAS, the reasons given in support of certain infringements such as gun registration, banning restricting the bearing of arms by excessive restrictions on concealed carry and possibly other restrictions, have not been shown by the substantial weight of scientific evidence to have been effective in accomplishing the stated objectives of such restrictions as compelling reasons for government action to protect the public safety.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE CORAL, FLORIDA, AS FOLLOWS:
Section 1. The City Council of the City of Cape Coral, Florida, formally declares its support of the Second Amendment to the Constitution of the United States; that the City Council hereby affirms that it will not condone unconstitutional infringements of that right; and that the City
Council calls upon the Governor and the Florida Legislature to lawfully use their powers to resist any measure that violates the right of the people of Florida and the City of Cape Coral to keep and bear arms.
Section 2. This Resolution shall be transmitted to the Clerk of the Senate and House of Representatives of the Florida Legislature, and the Governor.
Section 3. This Resolution shall take effect immediately upon its adoption.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF CAPE CORAL

For the resolution to be reconsidered, one of the council members who voted earlier this month to reject it must make a motion of reconsideration. Reasons given for voting down the resolution were that the city council members did not feel they needed to reaffirm their Oath of Office, the wording of the resolution was questionable and it would be improper for the city to take on the resolution when they felt such a resolution should be done on the state level rather than the city level of government.

The same resolution has been adopted by Collier County, Marco Island, the City of Naples and Lee County.

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