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Attorney General Mark Herring, in advisory opinion, says 'Second Amendment Sanctuaries' have 'no legal effect'
Roanoke.com ^ | December 20, 2019 | Amy Friedenberger

Posted on 12/20/2019 9:41:08 AM PST by Perseverando

Virginia Attorney General Mark Herring issued an advisory opinion stating that the resolutions that more than 100 localities across the commonwealth have passed declaring themselves "Second Amendment Sanctuaries" have "no legal effect."

Herring, a Democrat, said Friday the localities and local constitutional officers “cannot nullify state laws” and must follow the gun laws passed by the General Assembly.

"Neither local governments nor local constitutional officers have the authority to declare state statutes unconstitutional or decline to follow them on that basis," Herring wrote in the opinion.

Spooked by Democrats taking control of the General Assembly and promising to pass gun control measures, dozens to hundreds of people have packed into rooms across rural Virginia to ask their local governments to pass Second Amendment sanctuary resolutions. Some Republican lawmakers have vocally supported this effort.

Democrats have already filed several gun control bills ahead of the January legislative session. Proposals include universal background checks, civil penalties for not reporting lost or stolen firearms to police, reinstating the state's lapsed one-handgun-a-month law and giving localities the ability to prohibit the carrying of firearms in a public space during an event that would require a permit.

Some proposals, such as universal background checks, have broad public support, according to polls. But gun rights advocates have been stepping up now that it appears more likely Democrats will be able to pass gun control measures.

Herring has been an advocate for passing gun control measures, including a red flag law that would allow courts to temporarily ban people from possessing firearms if there are clear signs that they pose a danger to themselves or others.

“When the General Assembly passes new gun safety laws they will be enforced, and they will be followed," Herring said in a

(Excerpt) Read more at roanoke.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; Politics/Elections; US: Virginia
KEYWORDS: 2ndamendment; banglist; cwii; guncontrol; herring; molonlabe; northam; sanctuary; vcdl; virginia
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George Mason of Virginia, author of the Bill of Rights, wrote:


1 posted on 12/20/2019 9:41:08 AM PST by Perseverando
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To: Perseverando

looks like major difference of opinion


2 posted on 12/20/2019 9:42:19 AM PST by ptsal ( Media & DNC word game. It wasn't spying, it was just surveillance.)
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To: Perseverando

So sanctuary cities have no legal effect.


3 posted on 12/20/2019 9:42:23 AM PST by KSCITYBOY (The media is corrupt)
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To: Perseverando

Just what you’d expect from a Democrat. Its his opinion. Who cares?


4 posted on 12/20/2019 9:42:31 AM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: Perseverando

Did anyone really expect anything different from these guys?


5 posted on 12/20/2019 9:43:01 AM PST by LaRueLaDue
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To: Perseverando

Illegal opinion. Cannot pick and choose which laws to enforce., When the states allowed “sanctuary cities” on illegal immigration they created legal principal being invoked here.


6 posted on 12/20/2019 9:43:27 AM PST by MNJohnnie (They would have to abandon leftism to achieve sanity. Freeper Olog-hai)
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To: Perseverando

The Virginia State Constitution is very clear, in Article 13 it states-

‘That a well regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defense of a free state, therefore, the right of the people to keep and bear arms shall not be infringed; that standing armies, in time of peace, should be avoided as dangerous to liberty; and that in all cases the military should be under strict subordination to, and governed by, the civil power.’


7 posted on 12/20/2019 9:43:28 AM PST by fredhead (Duty, Honor, Country.....Honor, Courage, Commitment)
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To: LaRueLaDue

An advisory opinion? Mark Herring can go fly a kite.


8 posted on 12/20/2019 9:44:07 AM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: Perseverando
They are SERIOUS about these proposals.

The Progs are going to start equating with owning Assault Rifles as being on the same vain as Child Porn.

Immediate felonies, long prison sentences, the works.

We are laughing at them calling them stupid, but they are preparing and ready.

9 posted on 12/20/2019 9:44:35 AM PST by KC_Lion
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To: ptsal

Obey


10 posted on 12/20/2019 9:44:36 AM PST by DownInFlames (Galsd)
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To: KSCITYBOY

Says the @$$ that supports sanctuary cities for MS-13.


11 posted on 12/20/2019 9:46:06 AM PST by KC_Conspirator
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To: MNJohnnie

The very first question this man should be asked is, when are you going to declare Sanctuary cities illegal?


12 posted on 12/20/2019 9:46:11 AM PST by ChildOfThe60s (If you can remember the 60s........you weren't really there)
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To: ptsal

Weird cause I’m thinking the same about ag herring and VA’s attempt to violate the rights of a LOT of folks.


13 posted on 12/20/2019 9:46:42 AM PST by rktman ( #My2ndAmend! ----- Enlisted in the Navy in '67 to protect folks rights to strip my rights. WTH?)
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To: KC_Lion

Fear the government that fears your guns.


14 posted on 12/20/2019 9:46:48 AM PST by Perseverando (Liberals, Progressives, Islamonazis, Statists, Commies, DemoKKKrats: It's a Godlessness disorder.)
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To: KC_Lion

We’ll see when they meet a gun barrel pointed in their face - how tough they are.

Bring it on!!!


15 posted on 12/20/2019 9:46:51 AM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: Perseverando

Mark Herring might want to avoid the sanctuaries because bullets are not impressed by his opinion.


16 posted on 12/20/2019 9:46:57 AM PST by MeganC (There is nothing feminine about feminism.)
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To: Perseverando

“Neither local governments nor local constitutional officers have the authority to declare state statutes unconstitutional or decline to follow them on that basis”

Wow, really?

Someone tell Gavin Newsom and Xavier Becerra!

They’ve been actively obstructing federal immigration law for the last decade.

Now that the shoe’s on the other foot, the Rat party has a different opinion?


17 posted on 12/20/2019 9:46:57 AM PST by Regulator
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To: Perseverando
“When the General Assembly passes new gun safety laws they will be enforced, and they will be followed," Herring said...


18 posted on 12/20/2019 9:47:07 AM PST by Diana in Wisconsin (I don't have 'hobbies.' I'm developing a robust post-Apocalyptic skill set.)
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To: Perseverando

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.—That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, —That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.


19 posted on 12/20/2019 9:47:09 AM PST by SolidRedState (I used to think bizarro world was a fiction.)
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To: Perseverando

https://www.youtube.com/watch?v=qg2xjnz-fFE


20 posted on 12/20/2019 9:47:59 AM PST by The Toll
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