Backers and foes speak out as commissioners vote to name Smith County Second Amendment ‘Sanctuary County’

Published 11:30 am Tuesday, October 29, 2019

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Smith County is now the seventh in the state to name itself a Second Amendment “Sanctuary County.”

The Smith County Commissioners Court voted 4 to 1 to approve a resolution that designates the county a safe haven for gun rights.



The meeting included about half an hour of public comments from a dozen residents on both sides of the issue.

Precinct 3 Commissioner Terry Phillips said the decision to place the resolution on the agenda was his own and was not influenced by outside groups. A representative for Gun Owners of America did speak in favor of the resolution during public comment.

“I did this because the Second Amendment is under attack and I want to (defend it),” Phillips said. “If I have to be labeled a monster to do it, I’ll proudly wear that monster label.”

Phillips also read a letter of support from JoAnne Fleming of Grassroots America-We the People.

Precinct 4 Commissioner JoAnn Hampton voted against the resolution, saying she understands why it was brought forward but disagrees with it.

She said it was her job to represent all of the residents in her precinct and questioned whether the resolution implies that law enforcement needs armed citizens to keep people safe.

The majority of the speakers were opposed to the resolution. Many shared personal  experiences of violence or intimidation by people they believe should not have had access to firearms.

“This resolution is a frivolous waste of money,” said Nancy Nichols, president of the Democratic Club of Smith County. “We have the Constitution, we have the Second Amendment and we should stand by that. That’s what we should remember at the poll.”

Nichols also shared of a story of being threatened by a neighbor, saying this type of rhetoric empowered him to use his guns to intimidate others.

Michael Tolbert asked commissioners why they weren’t putting forth resolutions in support of other amendments. He offered them several to consider, including one that would resolve that political contributions are not free speech, citing the Supreme Court case Citizens United as an example of unreasonable violations of the First Amendment.

Others said it was necessary to clarify their Second Amendment rights or thanked Phillips and the court.

“I’m compelled to quote the late, great Frank Zappa that ours is a nation of laws, poorly written and randomly enforced,” Rudy Wright said.

“A lot of people have spoken about their experience with guns and even in the worst of the experiences cited, I can’t help but think that if only I or some other person with a good heart and mind, a calm soul and a weapon were present, all those bad experiences could have been stopped.”

Rachel Malone, of Gun Owners for America, said Parker County passed a similar resolution on Monday. She said her organization cannot take credit, that the movement has been grassroots- and citizen-led.

“Frankly I believe this kind of a resolution is necessary for the safety and security of Smith County, so I thank you for considering it,” Malone said.

Precinct 2 Commissioner Cary Nix said it was important to defend all rights, but that the other amendments would not matter without the Second. Precinct 1 Commissioner Jeff Warr agreed and also vowed to defend all of the rights of Smith County residents.

In other business

Commissioners voted 4 to 1 to approve hiring a vendor for a traffic impact study for locations of a possible new courthouse. Nix was opposed, saying it was too early in the process and that he would prefer to wait until a location has been selected and courthouse bond approved.

The county also has set dates for input meetings in each precinct.

County Judge Nathaniel Moran abstained from a vote to seek bids for a vending machine servicer contract. Moran is related to the owners of Moran Refreshments, which services vending machines in the area.