Posted on 12/23/2019 2:17:25 AM PST by WWG1WWA
Over the last few months, Virginia Democrats have worked to pass extreme gun control measures in the state. In fact, a Democratic congressmen went as far as to say that the National Guard my have to be used in order to enforce a door-to-door gun grab.
“And ultimately, I’m not the governor, but the governor may have to nationalize the National Guard to enforce the law,” Rep. Donald McEachin said, according to Newsweek. “That’s his call, because I don’t know how serious these counties are and how severe the violations of law will be. But that’s obviously an option he has.”
However, one National Guardsman — who opted to remain anonymous — will not be going along with state’s prospective gun control measures, writing a direct letter to McEachin that “we will not comply.”
Here’s the letter, per Law Enforcement Today:
Mr. McEachin, have you ever heard of a little thing called the Posse Comitatus Act of 1878? Apparently, you are not.
Allow me to fill you in.
The purpose of the act is to limit the military branches from enforcing laws against US. citizens. While the PCA does not prevent a governor from calling the Virginia National Guard, the law enforcement capacity of the Guard while on state active duty is full-scale enforcement of martial law when local law enforcement can no longer maintain civilian control.
Are you listening Mr. McEachin? If Governor Northam were to call up the National Guard, it would be through enacting martial law. …
Martial law is the imposition of direct military control of normal civilian functions by a government, especially in response to a temporary emergency such as invasion or major disaster, or in an occupied territory.
Sheriffs and police chiefs refusing to go against the Constitution to fulfill your stupid anti-gun drivel hardly constitutes a temporary emergency.
If you and your fellow Constitution-hating hacks continue to push an agenda of gun banning, forfeiture and confiscation, I can almost assure you that you might meet more than one requirement for enacting martial law.
If you force local law enforcement to start violating peoples 2nd Amendment rights by taking their guns, you will wind up with temporary emergency due to an occupied territory.
…
If the state deems that it should enact martial law because sheriff’s, whose only “crime” is standing up for the Constitution, here is what it looks like.
The state Constitution would be suspended. So would habeas corpus and civil rights.
There would be no freedom of the press, assembly or speech.
Curfews would be enforced on the people.
Troops would be in the streets for enforcement.
Checkpoints would be set up for control.
The Guard would have the ability to hold a person without charge.
Imprisonment without representation or due process.
Seeing that we are talking about gun control, there would be warrantless, house to house confiscation of firearms, ammunition, food supplies.
I have to wonder if this is really what Democratic leaders in Virginia want. Because what it equates to is a tyrannical government using its military as ‘enforcers.’
And that is exactly what the 2nd Amendment was created to protect against.
If the Virginia legislators want to push this issue, it could get ugly.
And oh, by the way, plan on seeing the vast majority of the Virginia National Guard become Conscientious Objectors. It will be really hard for them to arrest cops and confiscate guns when none of them will carry the necessary arms to enforce said arrests and confiscations.
How do I know this? I am one of them and will be one of the first to lay down my gun and walk away.
I will not be a pawn in a tyrannical game of human chess. Neither will most of the men and women I serve with.
Let us know what you think of this National Guardsman’s letter to Rep. Donald McEachin about not complying with anti-2A gun control measures.
WWG1WWA wrote:
“Good article. I hear that the Virginia miltia has spread to other states. We all know what they want and no one will go down without a fight.
Thank God for PDJT. He has already stated that he would federalize the National Guard if Northam pulls this stunt.”
Can you find and post the link to PDJT’s statement?
That Is
The “Magic!”
It’s only fair.
Yup. A governor cannot “federalize” anything as Democrat Governor Wallace (yes, leftidiots, Wallace was a democrat) found out in 1963.
And Gov. Orval Faubus of AR found out in 1957 about who has the last word on NG.
If the Virginia National Guard is called up, can’t Trump commandeer them away from the governor?
Several governors have tried this in the past. See some of the other posts on this thread. It’s clear: the President’s orders control.
If the guard is activated, then possibly Trump can call the same guard to federal service and give orders to stand down?
Yes. See Orval Faubus, 1957.
Looks like VA needs to be Hong Konged.
He went too far in his description of martial law. McEacham has come all over his three-piece suit.
Summary:
Section 242 of Title 18 makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States.
For the purpose of Section 242, acts under "color of law" include acts not only done by federal, state, or local officials within the their lawful authority, but also acts done beyond the bounds of that official's lawful authority, if the acts are done while the official is purporting to or pretending to act in the performance of his/her official duties. Persons acting under color of law within the meaning of this statute include police officers, prisons guards and other law enforcement officials, as well as judges, care providers in public health facilities, and others who are acting as public officials. It is not necessary that the crime be motivated by animus toward the race, color, religion, sex, handicap, familial status or national origin of the victim.
The offense is punishable by a range of imprisonment up to a life term, or the death penalty, depending upon the circumstances of the crime, and the resulting injury, if any.
TITLE 18, U.S.C., SECTION 242
Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, ... shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnaping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
Also
Conspiracy Against Rights
Summary:
Section 241 of Title 18 is the civil rights conspiracy statute. Section 241 makes it unlawful for two or more persons to agree together to injure, threaten, or intimidate a person in any state, territory or district in the free exercise or enjoyment of any right or privilege secured to him/her by the Constitution or the laws of the Unites States, (or because of his/her having exercised the same). Unlike most conspiracy statutes, Section 241 does not require that one of the conspirators commit an overt act prior to the conspiracy becoming a crime.
The offense is punishable by a range of imprisonment up to a life term or the death penalty, depending upon the circumstances of the crime, and the resulting injury, if any.
TITLE 18, U.S.C., SECTION 241
If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same;...
They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.
Note the parts about the death penalty. "Sic Semper Tyrannis,"
Our founding fathers are spinning in their graves.
Then remove the mayor. He is violating his oath of office.
Respectfully disagree. Labeling oneself to be exempt from Federal Law, that is Constitutionally aligned, is lawless. Same with ‘sanctuary cities’ for illegals. It shouldn’t matter if you agree with the issue or not.
That said, this Governor should be arrested and charged with violating the civil rights of every Virginian - along with anyone else that is responsible for this ‘law’.
One test. We will see what happens here first. There have been other tests but this would be a major one. In smaller tests people have given up their weapons without much more than a whimper.
3% of the population that are queer have managed to get control in their interests at the expense of our pirnciples.
13% of the population that are black have managed to get control in their interests at the expense of others.
What percentage of conservatives will it take to prevent the left from destroying the Constitution and many of our rights and liberties? Think 2024.
In a map of Presidential, House and Senate control since inception the grid is predominately blue, democrap of course, though the Presidency has been relatively balanced in duration. No Republican control or dominance has lasted very long. In modern times democrap regimes have brought us the feral income tax under Wilson, the New Deal under Roosevelt, the civil rights bills under Johnson, Carter’s moral equivalent of war and not much else, NAFTA under Clintoon and a lot of corruption, ACA and wholesale destruction and abuse of opponents under Obammy. Republicans have not been altogether magnificent though; Nixon gave us inflation, baseline budgeting, EPA, OSHA etc. Little Bush gave us TSA and FISA all in the name of protecting us.
This is the most complete and convenient map of political control I could find:
http://thegreatrecession.info/blog/wp-content/uploads/Federal_Debt_1901-2010.png
The trend of democraps established with obammy is more abuse of the right and destruction of the Constitution and liberty. His successors are even more radical than he was.
What are we prepared to do in ‘24? What will we be up against?
“Troopers on patrol can call in your tag number, determine if you are a registered gun owner and try to then use a pretext (ruse) to stop you. Then the fun really begins.”
Or they can target gun friendly states and presume these drivers are engaged in gun smuggling to liberal states, who always blame other states for their own gun crime.
Drivers in cars with SC, GA, TN, AL, MS, or even NC tags should expect to be pulled over because I-95 will become a fishing pond for the VA state police. Best to leave your guns at home after mid January 2020.
But if you want to keep your omelet you're going to break some ankles.
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