- 2 -2.
On April 1, 2013, the City adopted and added Section 38-6 to Chapter 38, Article I of the Code of the City of Nelson, which requires every Head of Household within the City limits to maintain a firearm and ammunition therefor (“the Firearm Ordinance”) (Attachment A hereto).3.
Exempted from the Ordinance are those who (1) “suffer from a physical or mental disability,” (2) are “paupers,” (3) “conscientiously opposemaintaining firearms as a result of beliefs or religious doctrine,” or (4) have been“convicted of a felony.”4.
Under a general penalty provision in the Code of the City of Nelson,violations of the Firearm Ordinance can be punished by, among other things, “afine not to exceed $1,000.00.”
Chapter 1, Section 1-11.5.
The Firearm Ordinance adopted by the City violates the rights of Plaintiff’s membership under the First, Second, and Fourteenth Amendments to theUnited States Constitution.6.
Although the United States Supreme Court’s recent decisions inDistrict of Columbia v. Heller, 554 U.S. 570 (2008), and MacDonald v. Chicago,651 U.S. 3025 (2010), guarantee law-abiding, responsible citizens the right to possess a firearm in the home for self-defense, the Second Amendment does notrequire – or permit the government to require – individuals to possess firearms.Rather, the Second Amendment recognizes that individuals can determine how
Case 2:13-mi-99999-UNA Document 57 Filed 05/16/13 Page 2 of 15