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How Virginia Sheriffs Can Enforce Their Second Amendment Sanctuaries
Gun Watch ^ | 11 January, 2020 | Dean Weingarten

Posted on 01/11/2020 6:08:39 AM PST by marktwain

Virginia Second Amendment Sanctuaries in Green, 8 January, 2020


Image from vcdl.org, cropped and scaled by Dean Weingarten

The situation in Virginia is heating up. In a combination of gerrymandering mandated by the Federal courts, millions of dollars spent on a few local races by billionaires who hate the idea of an armed population, targeted advertising, organization by sympathizers of the Chinese communists, and apathy by the rest of Virginia voters, the Democrats have taken control of the Governorship and both the General assembly and the Virginia Senate, by rather slim margins.

These are not yesterday's Democrats. These Democrats have been especially selected for their antipathy toward the Virginia Constitution's limitations on government power, the Second Amendment of the U.S. Constitution, and limits on government power, generally.

As a result, a plethora of bills, designed to severely restrict the exercise of Second Amendment rights, have been filed.

They range from Universal Background Checks, to bans on semi-automatics and magazines, "red flag" laws, heavy restrictions on indoor and outdoor ranges, and firearms training.

In response to these proposed attacks on the exercise of Second Amendment rights, 91 of 95 Virginia counties have declared themselves "Second Amendment sanctuaries".

The Culpeper County Sheriff, Scott Jenkins, has proposed a possible counter move. Deputizing thousands of Second Amendment Supporters would render them immune from several of the proposed laws. From a facebook post by Culpeper County Sheriff's office:

I remain very optimistic that our General Assembly will not pass the proposed bills. Obviously, if passed, there are many of us willing to challenge these laws through the courts. In addition, if necessary, I plan to properly screen and deputize thousands of our law-abiding citizens to protect their constitutional right to own firearms."

-Sheriff Scott Jenkins

“A militia, when properly formed, are in fact the people themselves...and include all men capable of bearing arms.” (1788)

-Richard Henry Lee

How effective would such a move be? It could be very effective, at least in the short term. From the Virginia Constitution, Article VII. Local Government
Section 4. County and city officers


There shall be elected by the qualified voters of each county and city a treasurer, a sheriff, an attorney for the Commonwealth, a clerk, who shall be clerk of the court in the office of which deeds are recorded, and a commissioner of revenue. The duties and compensation of such officers shall be prescribed by general law or special act.
Current law allows the sheriff to appoint unlimited numbers of part-time deputies. § 15.2-1603. Appointment of deputies; their powers; how removed.
The treasurer, the sheriff, the commissioner of the revenue, and the clerk of any circuit court may at the time he qualifies as provided in § 15.2-1522 or thereafter appoint one or more deputies, who may discharge any of the official duties of their principal during his continuance in office, unless it is some duty the performance of which by a deputy is expressly forbidden by law.
The deputies may not be removed from office except for the following: 

Virginia law § 24.2-230.
However, an appointed officer shall be removed from office only by the person or authority who appointed him unless he is sentenced for a crime as provided for in § 24.2-231 or is determined to be "mentally incompetent" as provided for in § 24.2-232.
Deputies do not need to wear a uniform. The sheriff decides what they may or may not wear.

§ 15.2-1611. Alternate clothing for sheriff and deputies.
When the duties of a sheriff or deputy sheriff are such that the wearing of the standard sheriff's uniform would adversely limit the effectiveness of the sheriff's or deputy sheriff's ability to perform his prescribed duties, then clothing appropriate for the duties to be performed may be required by the sheriff.
Deputies are to be compensated for expenses, but there is no guarantee.

§ 15.2-1609.9. Compensation of part-time deputies.
The part-time deputies of sheriffs shall not receive fixed salaries, but shall be entitled to receive reasonable compensation for their services and allowances for their expenses, to be determined and paid as hereinafter provided.
The law enforcement training is not required, if the deputy is not a full time deputy.

§ 15.2-1612.1. Deputy sheriffs to complete course of instruction established by Department of Criminal Justice Services.

Any full-time deputy sheriff not employed on July 1, 1971, shall successfully complete a course of instruction established by the Department of Criminal Justice Services as provided in clause (i) of subdivision 2 of § 9.1-102.

Virginia sheriffs can short circuit many of the proposed laws by deputizing the adults who wish to participate. I do not see any limitation on residence for those who may be deputized. Theoretically, one sheriff could deputize all of Virginia, and others, including residents of other states.

The counter, would be for the Legislature to pass legislation limiting the powers of the county sheriffs.

Political activists on the left have suggested California do away with the office of sheriff. Rural sheriffs are a bulwark of local power.

That would be very difficult in Virginia. It would require a state Constitutional amendment. However, the legislature could limit sheriff's power with the passage of a law.

They do not appear to be able to revoke the appointments of "minor officers" at least without going to court.

Court cases would, and will, take time.

It appears the appointment of large numbers of deputies, in Virginia Second Amendment sanctuary counties, is a viable and valid strategy, at least in the short term. 

Over the long term, elections and courts may resolve the issue.

©2019 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch


TOPICS: Government; Military/Veterans; Politics; Society
KEYWORDS: banglist; secondamendment; sheriff; va
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The Sheriffs can deputize entire counties, if they wish.

The counter is for the General Assembly to take power from the Sheriffs. In their new bill banning guns at the state Capitol, they forbid the carry of guns by part time law enforcement.

1 posted on 01/11/2020 6:08:39 AM PST by marktwain
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To: marktwain

If Sheriff Jenkins would deputize someone from another county I sure would accept.


2 posted on 01/11/2020 6:22:01 AM PST by wastoute (Government cannot redistribute wealth. Government can only redistribute poverty.)
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To: marktwain

Virginia has a governor willing to kill healthy babies born alive. Is there any vile, despotic thing such a person will NOT do?


3 posted on 01/11/2020 6:34:54 AM PST by Cincinnatus.45-70 (What do DemocRats enjoy more than a truckload of dead babies? Unloading them with a pitchfork!)
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To: marktwain

“In a combination of gerrymandering mandated by the Federal courts, millions of dollars spent on a few local races by billionaires who hate the idea of an armed population, targeted advertising, organization by sympathizers of the Chinese communists, and apathy by the rest of Virginia voters...the Democrats have taken control of the Governorship and both the General assembly and the Virginia Senate”

PLUS Conservatives there sitting out elections to ‘teach the GOP a lesson’ for running people who don’t meet their ‘purity’ test.

(just needed this for completion)


4 posted on 01/11/2020 6:36:29 AM PST by BobL (I eat at McDonald's and shop at Walmart - I just don't don't tell anyone.)
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To: Cincinnatus.45-70

By making the capitol a :gun free” zone, the dims are exposing themselves to the very thing they fear most.

Dims are aptly named.

Their jackass is the perfect icon.


5 posted on 01/11/2020 6:40:55 AM PST by old curmudgeon (There is no situation so terrible, so disgraceful, that the federal government can not make worse)
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To: marktwain

The CRIMINAL STATE can know everything about you even the last time you wiped your butt, yet we can know NOTHING about them?

READY-AIM-DOXX


6 posted on 01/11/2020 6:51:26 AM PST by PGalt (Past Peak Civilization?)
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To: Cincinnatus.45-70
Virginia has a governor Democrats (progressives) are willing to kill healthy babies born alive. Is there any vile, despotic thing such a person will NOT do?”
7 posted on 01/11/2020 6:53:16 AM PST by polymuser (It's discouraging to think how many people are shocked by honesty and so few by deceit. Noel Coward)
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To: old curmudgeon

“...making the capitol a :gun free” zone,”

Yep, a “no citizens with guns” buffer around DC is the goal.

Why?


8 posted on 01/11/2020 6:55:44 AM PST by polymuser (It's discouraging to think how many people are shocked by honesty and so few by deceit. Noel Coward)
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To: marktwain

For those able to attend, this is a last minute update on bills being considered Monday: https://mailchi.mp/aa56b1ac067f/va-alerthere-are-the-bills-coming-up-on-monday-11320?e=2dba32cec3


9 posted on 01/11/2020 7:01:17 AM PST by Truth29
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To: marktwain

I still go back to my solution which is for the 90 percent of Virginia containing our people, they join with West Virginia. This doesn’t take anything away from the liberals- they can retain their own crackpot state consisting of Northern VA and a corridor to Richmond and the Tidewater cities. The liberals consolidate their hold on the two VA senate seats, gain the governorship and legislature in perpetuity and the new state doesn’t gain any more political power (there are still two senators) other than WVA goes from five to prob. eleven electoral votes.


10 posted on 01/11/2020 7:03:33 AM PST by laconic
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To: marktwain
Do you see that map? Think electoral college. Think. We call those yankee counties up near DC as "occupied territory".

We Virginians will not relinquish our state to mexicans, yankees, illegals, whatever. I don't know the exact number but about 95% of Virginia counties are second amendment sanctuarys.

The biggest lesson here is that our Sheriffs are our best protetors. Sheiffs are part of us, part of our people. I will trust a Sheriff before any other LEO.

11 posted on 01/11/2020 7:08:10 AM PST by Governor Dinwiddie (Guide me, O thou great redeemer, pilgrim through this barren land.)
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To: laconic
Totally agree with you! Rejoin West Virginia is the way to go!
12 posted on 01/11/2020 7:11:47 AM PST by Governor Dinwiddie (Guide me, O thou great redeemer, pilgrim through this barren land.)
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To: BobL

“PLUS Conservatives there sitting out elections to ‘teach the GOP a lesson’ for running people who don’t meet their ‘purity’ test.”

$$$$$$$$$$$$$$$$$$$

+1000

This point cannot be emphasized nor repeated often enough. These so-called “conservatives” are far, FAR worse than any Liberal.


13 posted on 01/11/2020 7:16:27 AM PST by Eccl 10:2 (Prov 3:5 --- "Trust in the Lord with all your heart and lean not on your own understanding" don't)
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To: Eccl 10:2

“These so-called “conservatives” are far, FAR worse than any Liberal.”

I don’t think the conservatives who sit out November elections due to their dislike of particular Republican candidates are worse than Liberal voters. In my opinion, they just think short-term, and want those particuar a-hole Republicans out of the way (think how much easier life would have been for us if McCain never made it out North Vietnam).

The problem is that they often don’t realize that the Democrats today are far different than the Democrats they’re used to from the past, particularly in rural areas.

So they assume dumping a crappy Republican for an untested Democrat won’t be very bad, and that they’ll be able to ‘educate’ the Democrat to stand by the voters of that district (and usually the Democrat ‘promises’ just that, to get elected). The problem is, of course, when people like Bloomberg and Soros finance these Democrats - guess who they are going to answer to?


14 posted on 01/11/2020 7:25:29 AM PST by BobL (I eat at McDonald's and shop at Walmart - I just don't don't tell anyone.)
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To: marktwain

“Over the long term, elections and courts may resolve the issue.”

Or miles of barbed wire and innumerable lampposts (one per traitor).

Not advocating violence, but the way this is heading, do you THINK for a moment Blackface Northam, Bloomberg’s minions, progressives at large are JUST after guns?

This won’t end well if they persist. We all know it, they’re planning on it (budgeting for increased incarceration, for example).

We should be planning too.


15 posted on 01/11/2020 7:28:30 AM PST by normbal (normbal. somewhere in socialist occupied America)
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To: wastoute

We are hiring you for a part time ( on call) deputy’s position pay is $1 a year.


16 posted on 01/11/2020 7:39:24 AM PST by Keyhopper (Indians had bad immigration laws)
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To: marktwain

If Virginia manages to usurp all the Sheriffs, the People will become woke enough to understand exactly what subjugation is and perhaps see the need to fight back...because there will be blood spilled for them to have their way.


17 posted on 01/11/2020 7:41:05 AM PST by trebb (Don't howl about illegal leeches, or Trump in general, while not donating to FR - it's hypocritical.)
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To: marktwain

18 posted on 01/11/2020 8:00:06 AM PST by Travis McGee (EnemiesForeignAndDomestic.com)
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To: Keyhopper

I’ll take it.


19 posted on 01/11/2020 8:30:01 AM PST by wastoute (Government cannot redistribute wealth. Government can only redistribute poverty.)
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To: Travis McGee

Good Call.


20 posted on 01/11/2020 8:48:53 AM PST by Big Red Badger (Despised by the Despicable!)
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