Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

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
Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-80 ... 121-136 next last
To: fredhead
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.’

Attorney General Mark Herring 's answer:

Image result for set paper on fire

21 posted on 12/20/2019 9:48:32 AM PST by KC_Lion
[ Post Reply | Private Reply | To 7 | View Replies]

To: ptsal

Virginians should have voted when it mattered. Too little, too late, now.


22 posted on 12/20/2019 9:49:25 AM PST by damper99
[ Post Reply | Private Reply | To 2 | View Replies]

To: Regulator

Funny how Democrats hate sanctuary cities and counties when the shoe is on the other foot.

Now suddenly, we must all follow the law. Ain’t that special.


23 posted on 12/20/2019 9:49:37 AM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
[ Post Reply | Private Reply | To 17 | View Replies]

To: Perseverando

Guess a conversation will have to had to resolve this question.


24 posted on 12/20/2019 9:49:42 AM PST by ealgeone
[ Post Reply | Private Reply | To 1 | View Replies]

To: Perseverando

Actually Herring, they have every right no nullify and refuse to enforce. Just because you don’t like it and can’t admit your laws are crap doesn’t mean they can’t do it. Sic Semper Tyrranis, mofo. Keep on cruising, that cartridge box is closer than you think.


25 posted on 12/20/2019 9:49:47 AM PST by BudgieRamone (Everybody loves a bonk on the head.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Perseverando

When the General Assembly passes new gun safety laws they will be enforced, and they will be followed,” Herring said.

Ve vill make ze laws und you vill obey zem, peasant.

Perhaps the AG should go around and try to confiscate their guns.


26 posted on 12/20/2019 9:50:04 AM PST by bk1000 (Banned from Breitbart)
[ Post Reply | Private Reply | To 1 | View Replies]

To: damper99

You get what you vote for.....good and hard.


27 posted on 12/20/2019 9:50:25 AM PST by dfwgator (Endut! Hoch Hech!)
[ Post Reply | Private Reply | To 22 | View Replies]

To: KSCITYBOY
So sanctuary cities have no legal effect.

Ah, but they have a wonderful political effect of letting the local law enforcement know what the will of the people is. If you have a renegade Barney Fife who doesn't follow the guidelines, he will be chided by his fellow officers, if not given desk duty. If he is a chief, he may be replaced.

Sanctuary illegal alien laws in cities ought not have a legal effect, but they DO have an effect.
28 posted on 12/20/2019 9:50:55 AM PST by Dr. Sivana (There is no salvation in politics)
[ Post Reply | Private Reply | To 3 | View Replies]

To: dfwgator

“You get what you vote for.....good and hard.”

In this case Americans are getting what foreigners voted for good and hard. You don’t get to just wipe your hands of it and pretend you did your part.


29 posted on 12/20/2019 9:52:31 AM PST by The Toll
[ Post Reply | Private Reply | To 27 | View Replies]

To: LaRueLaDue
No. But what is the next step for them? The leftists are overwhelmed since most of the counties in the state are 2nd amendment sanctuaries. Will they try to test it through the courts? Or by force and with the National Guard?

The Courts may not rule in their favor and if they try to use force, they may start a civil war.

30 posted on 12/20/2019 9:52:38 AM PST by dhs12345
[ Post Reply | Private Reply | To 5 | View Replies]

To: goldstategop

Democrats are hypocrites.


31 posted on 12/20/2019 9:53:34 AM PST by dhs12345
[ Post Reply | Private Reply | To 23 | View Replies]

To: Perseverando
What happened when the Brits try to take away our guns the first time at Lexington April 19, 1775?

Thomas Jefferson, “I enclose you a list of the killed, wounded, and captives of the enemy from the commencement of hostilities at Lexington in April, 1775, until November, 1777, since which there has been no event of any consequence …

I think that upon the whole it has been about one half the number lost by them, in some instances more, but in others less. This difference is ascribed to our superiority in taking aim when we fire; every soldier in our army having been intimate with his gun from his infancy.” - Thomas Jefferson, letter to Giovanni Fabbroni, June 8, 1778

SECOND AMENDMENT

Right to Bear Arms

Passed by Congress September 25, 1789. Ratified December 15, 1791. The first 10 amendments form the Bill of Rights:

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.


32 posted on 12/20/2019 9:55:09 AM PST by Grampa Dave (A FRIVOLOUS IMPEACHMENT VOTE is a SERIOUS SEDITIOUS CONSPIRACY!!!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: ChildOfThe60s

Governor Ralph "Tar Baby" Northam

He already applied tar to his face, just add feathers.


33 posted on 12/20/2019 9:56:07 AM PST by Perseverando (Liberals, Progressives, Islamonazis, Statists, Commies, DemoKKKrats: It's a Godlessness disorder.)
[ Post Reply | Private Reply | To 12 | View Replies]

To: Perseverando

DemocRats are dictate-o-cRats.

a February 2019 CNBC piece re: ‘Red’ Herring.

Virginia Attorney General Mark Herring, third in line for governor, wore blackface in college

https://www.cnbc.com/2019/02/06/virginia-attorney-general-mark-herring-wore-blackface-in-college.html

KEY POINTS

Virginia’s already chaotic executive branch became even more tumultuous Wednesday as the state’s attorney general, Mark Herring, admitted he wore blackface at a college party in 1980.

Herring, a Democrat, is third in line to the governor’s office.

Gov. Ralph Northam faces widespread calls for his resignation after a conservative news site last week published a photo from his 1984 medical school yearbook page showing two men, one in blackface, the other wearing a Ku Klux Klan robe and hood.


34 posted on 12/20/2019 9:56:41 AM PST by NormsRevenge (Semper Fi - Monthly Donors Rock!!!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Perseverando

Hey folks, THIS is AG Mark Herring .... of course, he’s going to issue an advisory opinion of “no legal effect” ....

He did THIS in 2015 - jump to the last paragraph excerpted (more article at the link) if you want to see what this anti-gun AG did - lot of VA residents got non-resident Utah permits so they could carry in neighboring states, most of which recognized Utah:

Virginia to stop recognizing concealed carry gun permits from 25 states
https://www.washingtonpost.com/local/virginia-politics/va-attorney-general-mark-herring-delivers-blow-to-gun-rights-advocates/2015/12/21/d72ce3d0-a821-11e5-9b92-dea7cd4b1a4d_story.html

RICHMOND — Virginia Attorney General Mark R. Herring announced Tuesday that the commonwealth will no longer recognize out-of-state concealed handgun permits, part of a national push to circumvent legislatures opposed to tightening gun laws.

Herring (D) said 25 states have lax laws compared with Virginia, where a history of stalking, drug dealing or inpatient mental health treatment can disqualify someone from carrying a concealed handgun. The move is in step with actions governors and attorneys general are taking to address gun violence without going through Republican-controlled legislatures.

“While you are here, you are subject to the commonwealth’s gun laws,” Herring said during a news conference.

But Herring’s office could not say how many people are suspected of crossing into Virginia with concealed weapons to commit crimes, and Republican lawmakers sharply criticized the move, which enforces laws already on the books.

Nevertheless, more than 6.3 million people who could legally carry concealed handguns into Virginia today will lose the privilege when the change takes effect next year. An additional 420,000 Virginians with concealed-carry permits will no longer enjoy reciprocity when they travel to six states.


35 posted on 12/20/2019 9:57:07 AM PST by Qiviut (I love the smell of covfefe in the morning - coffee or napalm, depending on the day.)
[ Post Reply | Private Reply | To 1 | View Replies]

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

Well, go ahead and try to enforce those laws, Mr Badass.

36 posted on 12/20/2019 9:57:36 AM PST by SIDENET (ISAIAH 5:20)
[ Post Reply | Private Reply | To 1 | View Replies]

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," Herring wrote in the opinion.

Officers sworn to defend the constitution have a duty to NOT follow unconstitutional 'law'.

37 posted on 12/20/2019 9:58:27 AM PST by Magnum44 (My comprehensive terrorism plan: Hunt them down and kill them.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Perseverando

Our lawless attorney general said the same thing about the Virginia constitution and refused to uphold his oath and defend it.


38 posted on 12/20/2019 9:58:57 AM PST by Captain Jack Aubrey (There's not a moment to lose.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SIDENET

Go to the local county sheriff Mr Democrat AG and order him to start confiscating guns.

He’ll laugh in your face and throw you out of his office.

Take your so-called advisory opinion and stick it where the sun don’t shine.


39 posted on 12/20/2019 10:00:51 AM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
[ Post Reply | Private Reply | To 36 | View Replies]

To: Grampa Dave

40 posted on 12/20/2019 10:01:08 AM PST by Perseverando (Liberals, Progressives, Islamonazis, Statists, Commies, DemoKKKrats: It's a Godlessness disorder.)
[ Post Reply | Private Reply | To 32 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-80 ... 121-136 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson