Josephine County enacted a Second Amendment Charter Amendment in 1994


Section 29.1 RIGHT TO BEAR ARMS

INTENT: The intent of this Charter amendment is to provide the citizens of Josephine County with local protection of one of their inalienable rights as originally defined by our founding fathers in the United States Constitution and Bill of Rights.

Section 1:

The following provision shall be adopted into the Josephine County Home Rule Charter and shall govern all actions by individuals.and organizations, both public and private, within Josephine County:

The right of the, people to keep and bear Arms shall not be infringed.

Section 2:

No elected or appointed officials of Josephine County shall pass or enforce any law, ordinance, resolution, administrative rule, or statute that denies or erodes any of the provision of this Charter Amendment. Where any current law, ordinance, resolution, administrative rule, or statute within or outside of Josephine County may be interpreted to deny or erode any of the provisions of this Charter Amendment, that interpretation is void and is not to be enforced within Josephine County by any individual, group, or federal, state or local governmental body or agency.

Section 3:

No changes or abridgments of any of the provisions of this Charter Amendment shall be made or enforced by any entity within Josephine County or upon individuals within Josephine County without a 2/3rds majority vote of the voters of Josephine County in acceptance.

Section 4:

The Josephine County Board of Commissioners and the Josephine County District Attorney must enforce all of the provisions of this Charter Amendment. This enforcement must include citing persons charged with violating this Charter Amendment by issuing a Class B Misdemeanor Citation. No person shall be immune from such citation regardless of any personal or official capacity whatever. Judicial proceedings regarding such citations shall follow the same as in the issuance of any other Misdemeanor Citation.

Section 5:

No individual within Josephine County shall be barred from seeking civil relief in the Courts of Josephine County from any injury or potential injury arising from the violation of any of the provisions of this Charter Amendment. No person or body, public or private, shall be immune from jurisdiction by the Courts of Josephine County over matters arising from this Charter Amendment. Civil claims arising from this amendment shall be heard by a duly constituted jury in the Courts of Josephine County unless all parties named in such claims unanimously agree to adjudication of the claims solely by a Judge of the Josephine County Courts or by some other mediator.

MISCELLANEOUS

(A) Conflict Clause - If any portion of this Charter Amendment is in conflict with any other provision of this Charter, that portion most recently approved by a 2/3rds vote of the voters of Josephine County shall prevail.

(8) Severability - If a part of this Charter Amendment is invalid, all parts that are severable from the invalid part shall remain in effect. If a part of this Charter Amendment is invalid in one or more of its applications, that part remains in effect for all valid applications that are severable from the invalid applications. [Amended November, 1994]