Posted on 01/04/2020 6:55:55 PM PST by Perseverando
The top of the photo shows three commonly owned AR-15 rifles (displayed at Albemarle County Firearms) which would be banned under proposed Virginia laws for having features such as a pistol grip, folding stock, and flash suppressor. If those features were removed, the weapon would be legal. By contrast, the gun at the bottom is a hunting rifle, which can deal two or three times the damage of the weapons above, but would not be banned under the proposed legislation because it is a bolt-action weapon instead of a semi-automatic. Photo: Lisa Martin.
Following Governor Ralph Northams 2019 promise to advance gun control laws in Virginia, newly elected state representatives have introduced a slew of bills aimed at restricting gun sales and ownership, including one in particular that has ignited a firestorm of opposition from citizens across the state. SB 16, introduced by Senator Richard Saslaw in November, would ban the purchase, sale, or possession of commonly owned semi-automatic rifles, pistols, and shotguns, under penalty of a Class 6 felony conviction punishable by up to 5 years imprisonment.
Governor Northam said that gun safety bills will save lives and improve public safety in our communities, speaking at a Cabinet meeting after Democrats gained a majority in both the Senate and House of Delegates in the November elections. Its going to be a new day, he said. Other proposed legislation includes expanded background checks on firearms sales, restrictions on handgun purchases within a 30-day period, and red flag laws allowing police and the courts to temporarily disarm a person exhibiting dangerous behavior.
SB 16, which will be sent to Senate committees when the next session convenes in January, expands the definition of prohibited assault firearms. (See the bills language nearby.) An assault firearm is not a specific type of weapon, but instead has been defined by legislators as one that possesses certain physical features, such as a folding or telescoping stock, pistol grip, thumbhole stock, flash suppressor, or magazine capacity greater than ten rounds.
These features are often targeted for bans because they allow the user to shoot more accurately, comfortably, and for longer periods without reloading, which are the same reasons they are favored by hunters, competitive marksmen, and home defenders. None of the potentially banned features change the one-shot-per-trigger-pull action of semi-automatic weapons. (The sale or transfer of fully automatic assault rifles, commonly understood as machine guns, has been illegal in the U.S. since 1986.)
Rapid Response
Senator Saslaws filing touched off a vehement reaction from gun rights advocates, who believe the proposed restrictions to be unconstitutional at both the state and federal levels. The Virginia Citizens Defense League (VCDL), a non-profit group that advocates for pro-gun legislation at the state level, immediately organized a process for individual counties, towns, and cities to assert Second Amendment sanctuary status by asking their local councils or boards to pass a resolution.
The resolutions language expresses opposition to any law that would unconstitutionally restrict the rights of citizens to keep and bear arms, thus providing figurative sanctuary from the new laws enforcement. It is a statement of oppositiona symbolic message of disapproval and resistance from local elected bodiesbut does not carry legal authority.
Nonetheless, over the last two months Virginias 2A sanctuary movement has exploded. Citizens have bombarded their local city and county board meetings with calls for officials to adopt the resolution language, filling venues to overflow and speaking passionately about gun ownership. Louisa Countys December meeting attracted 600 people, 1,500 attended in Virginia Beach, and Rockingham County saw more than 2,000 citizens fill a high school gym to bursting.
Second Amendment sanctuary resolutions have passed in 114 counties and cities to date (as depicted in the nearby map), and the VCDL still hopes to persuade a dozen or so more localities to follow suit. Every county that borders Albemarle has passed a resolution, but Albemarle has thus far resisted citizen pressure. A relatively modest 150 residents attended the Albemarle County Board of Supervisors (BOS) December 4 meeting, where a dozen people spoke during the public comment period for about an hour, though the issue was not on the Boards agenda.
After outbursts of cheering early on were tamped down by BOS Chair Ned Galloway, the commenters and audience remained polite and respectful. (Please also see coverage of Nelson Countys meeting in a separate dispatch by Mary Cunningham.) Speakers referenced the Founding Fathers intentions, the 1803 U.S. Supreme Court case Marbury v. Madison, the text of the Second Amendment, and their own personal experience in defense of their right to own and use firearms.
Consider whats going to happen to all of us who become felons [as a result of owning firearms banned by the proposed law], said David Weber, the evenings first speaker. I served my country, first in the Navy and then as a local law enforcement officer, for 51 years, and I tell you I will not go quietly into the night and let that happen.
If somebody breaks down the door of my house, I have the right to defend myself and my family, God forbid with deadly force if necessary, said Gregory Quinn. There is no condition under which the government of Virginia can infringe on my Second Amendment rights. If they do that, it is illegal. Another speaker quoted Frederick Douglass, former slave and abolitionist writer and orator, who prescribed a good revolver and a steady hand in opposing the forces of tyranny and oppression.
WCHV talk radio host Joe Thomas observed that [t]his bill will end up in court, because thats what happens. Its constitutionality will be challenged. He spoke of the equalizing effects of owning a gunthe ability of someone 54 and 100 pounds to be able to defend themselves against somebody 62 and 200 pounds.
Thomas also noted that the Second Amendment cannot be taken in isolation from other amendments. The Second Amendment defends the First, he said, and the Fourth, the Fifth. People in Hong Kong are being shot at by their government right now in defense of the Sixth. I would love to think that Albemarle County would be a defender of all of the Bill of Rights, not just one of them but all of them.
Charlottesville activist Matthew Christensen warned the board against passing a 2A sanctuary resolution in strong, personal terms. I cannot wait to sue every single councilor and supervisor in the state of Virginia when they decide not to uphold the law, he said, glaring at the supervisors. You have to think, do you want to be held personally liable for every gunshot fired after [this resolution] is passed? If gun control laws arent passed, Im going to be there on the front lines helping to arm every marginalized individual to defend themselves, often probably from many of the people in this room.
Rhetorical Escalation
The intensity of the 2A sanctuary movement has already provoked a recalibration of the proposed legislation: an exemption for current gun owners paired with a registration requirement. In this case, the governors assault weapons ban will include a grandfather clause for individuals who already own assault weapons, with the requirement that they register their weapons before the end of a designated grace period, said Northam spokeswoman Alena Yarmosky in a December 9 statement.
In response to the grandfather clause news, the VCDL said in an email to supporters that it will continue to oppose the law to protect future generations of gun owners, and that it rejects mandatory gun registration as a prelude to confiscation. While some Virginia state officials have denied the law would lead to gun seizures, District 4 representative Donald McEachin suggested that the Governor may have to nationalize the National Guard to enforce the law.
114 cities, counties, and towns have passed Second Amendment sanctuary resolutions since November 6, 2019.
The rhetoric continues to elevate on both sides. At the local level, sheriffs in counties such as Lee, Smyth, and Rappahannock have expressed strong support for the 2A sanctuary resolutions. Culpeper County Sheriff Scott Jenkins said in a December 4 Facebook post that he planned to properly screen and deputize thousands of our law-abiding citizens to protect their constitutional right to own firearms, should the Virginia legislature pass the currently proposed laws.
Virginia Attorney General Mark Herring was quoted by Richmonds WRIC news as dismissive of the 2A sanctuary movement. Its really the gun lobby trying to scare a lot of people, said Herring. When the General Assembly passes it in the upcoming session, those laws are going to be enforced and they will be followed.
The VCDL is planning a large-scale Lobby Day on January 20 at the Richmond General Assembly building to protest proposed gun legislation and promote gun rights.
Board Member Views
Though none of the Albemarle county supervisors addressed the issue during the December 4 meeting, most indicated after the meeting that they would not take up the resolution debate under current circumstances.
I have received many emails both pro and con on this subject, said Liz Palmer, BOS representative for the Samuel Miller district. The passion and concern expressed by those who attended the BOS meeting on Dec 4 was clear, and I learned a lot. Many believe they will not be able to own a gun because of recent changes in the General Assembly. However, there are many pro-gun Democrats, and sweeping gun law changes have little chance of passing in the General Assembly. If something dramatic is passed, it will take years to settle the lawsuits that would follow. Sensible changes to our gun laws should be on the table, for example, red flag laws and strengthening background checks.
Regarding a sanctuary resolution, Palmer pointed activists to their state government. I consider the declaration of a sanctuary county a political statement aimed at members of the General Assembly. I hope those concerned about gun rights have written their state representatives. And, I must add, I am against using county taxpayers money to challenge state or federal law.
Ann Mallek, BOS White Hall representative, said the resolution fight is misdirected. Albemarle County does not disobey state law, no matter how concerned local leaders are about it, she said. Local government spends considerable time each year bringing our ordinances into compliance with new legislation passed in the General Assembly, in order to be ready on the take effect day. This issue is no different.
Mallek lamented that people in the audience had been told that the board would vote on the sanctuary if they showed up at the meeting, and those expecting a vote were disappointed, and some called her later to complain. The item has not been proposed for our agenda, and was not on our agenda. After I explained the truth of the matter, their frustration turned on those who had made them worried and upset with false information.
Ultimately, Mallek advised residents to track the legislation as it evolves. I propose citizens follow what is debated and adopted in the legislature, as local elected officials will be doing. Write to your representatives to share your views on any issue, but find out the details of the question first, in order for your comments to be on target and effective.
When the General Assembly passes it in the upcoming session, those laws are going to be enforced and they will be followed.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Don’t bet on it, Red Herring.
New York tried this.
It’s not followed and it’s not enforced.
The trucking industry should boycott all deliveries and choke the town out.
Bitten by their own serpent? We have Democrat politicians sanctimoniously lecture us about no one is above the law while their sanctuary cities ignore federal immigration laws, protect criminal aliens, and allow their city streets to be littered with drug needles, filth and homeless tents all while crowing about “saving” the environment. In reality... they have impeached themselves!
Do they think we dont notice their brazen hypocrisy is exposed with every lying syllable their corrupt mouths utter?!
Yet here Virginia Democrats threaten to declare WAR on their own citizens!
Wow, the DemocRATS keep this stuff up and theyll give Trump another state this November. Yay!!
Gee I hope that red pimple of Richmond keeps those naaaaasty gun owners out. Bet I could make serious bucks with a target shirt that says Hey Blackie Ralph, take your best shot! I don’t need a target to tell me what varmint I need to shoot!
Time to publish doxing info including pics of the dem traitors.
The VCDL is planning a large-scale Lobby Day on January 20 at the Richmond General Assembly building to protest proposed gun legislation and promote gun rights.
I will be there and will have pics to post later.
Now more than ever, is the time to stop declaring a 2nd Amendment Right. The 2nd Amendment is a restriction on the government; it doesnt give anyone anything.
The argument should be that these laws infringe on our right to be safe, keep our family safe, and should the need arise; defend our Constitutional Republic from tyrants and/or invaders.
I will be there and will have pics to post later.
Thanks, Bro! I'm out of state and can't be there, but I'll be monitoring the news and trying to participate in keeping others informed also.
“(The sale or transfer of fully automatic assault rifles, commonly understood as machine guns, has been illegal in the U.S. since 1986.)”
I hate it when the author blows his credibility with false “Fact” references.
I’ve sold a fair number of NFA items into VA.
VA has a LOT of legal NFA, with the average price of a Machine Gun being well over $10,000 dollars, and many owners having “Invested” in several of them.
Who here thinks the owners of those investments are just going to turn them in?
I expect those owners might find it worthwhile to fund the lawsuits to overturn all new BS infringements.
Gun Control:
A steady hand....and a beady eye.
“Charlottesville activist Matthew Christensen warned the board against passing a 2A sanctuary resolution in strong, personal terms. I cannot wait to sue every single councilor and supervisor in the state of Virginia when they decide not to uphold the law,”
Matthew Christiansen sure is full of himself.
I’m sure some of his neighbors will introduce him to a hemp necktie.
Won’t get the chance to sue.
Matthew Christiansen sure is full of himself. Im sure some of his neighbors will introduce him to a hemp necktie. Wont get the chance to sue.
Then the leftist liberal fool stated:
If gun control laws arent passed, Im going to be there on the front lines helping to arm every marginalized individual to defend themselves, often probably from many of the people in this room.And that is what he should be doing. That is the very purpose of the Second Amendment you Marxist tool! How can a patriot understand this, yet this idiot cannot or will not even try to understand that is the very argument we have been making against any form of Gun control. Black people have had to defended themselves with Shotguns on porches against the Militaristic KKK Democrat for the past 150 years.
I donated.
“How can a patriot understand this, yet this idiot cannot or will not even try to understand that is the very argument we have been making against any form of Gun control. Black people have had to defended themselves with Shotguns on porches against the Militaristic KKK Democrat for the past 150 years.”
There is no reasoning with a socialist.
Historical truths, no matter how evident, can not make a dent in their ideology, which allows no rational thought.
That THE PEOPLE IN THAT ROOM were law abiding citizens who would have no problem with EVERY law abiding citizen owning an AR-15 is completely lost on the idiot. He ascribes his own motives on anyone who thinks other than himself. He knows that he would be leading the charge to load conservatives onto cattle cars so he therefore knows conservatives are going to load his kind onto cattle cars. That we haven’t done so yet doesn’t matter.
Calling him a tool is about the nicest thing we can say about him.
Bless his heart.
The beauty of the Second Amendment is that it will not be needed until they try to take it
Thomas Jefferson
Most of the arguements about the Second Amendment made by both sides revolve around a single assumption - that the Second Amendment grants a citizen the right to bear arms. What both sides fail to understand is that the Second Amendment grants no such right, in fact, the Constitution grants no rights at all!
What the Constitution does do is identify what powers the people grant to the government. This is the whole purpose of the Constitution - to tell the goverment what it can and cannot do.
Read the Second Amendment closely, it doesn’t say the people have a right to bear arms but rather that the government can not infringe on that right. The same is true for most of the other amendments (the exception being the Sixth Amendment with establishes a right to a speedy trial).
Today, when a concerted effort is made to obliterate this point, it cannot be repeated too often that the Constitution is a limitation on the government, not on private individuals- that it does not prescribe the conduct of private individuals, only the conduct of the government- that it is not a charter for government power, but a charter of the citizen’s protection against the government.
— Ayn Rand
Couldnt agree more, which has been my point for a long time. People keep talking about this or that right, yet dont focus on the idea enough that that first 10 amendments are actually restrictions....on the the government.
Any arguments that the government provides and/or confers rights; also creates the argument that the government can also infringe or take away rights.
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