Gun Sanctuaries Virginia
Spectators applaud as the Buckingham County Board of Supervisors unanimously voted to pass a Second Amendment Sanctuary City resolution at a meeting in Buckingham , Va., Monday, Dec. 9, 2019. (AP Photo/Steve Helber)

By Jeff Hulbert

In a comprehensive open letter addressed to the Members of the Virginia General Assembly, Constitutional Officers of the Commonwealth and to the People of Virginia, gun rights groups Gun Owners of America and the Virginia Citizens Defense League have shredded the Virginia Attorney General’s dismissive “advisory opinion” on declarations of Second Amendment sanctuaries in the Old Dominion.

Read the full letter here (PDF).

The letter, dated December 26th, is a deep dive into the historical record, established legal theory, and common law doctrines. It pulls no punches.

[I]t is apparent that AG Herring and Governor Ralph Northam believe that Virginia localities have a duty to actively assist the Commonwealth in the enforcement of any law enacted by the General Assembly. These officials appear to believe that such blind obedience is required irrespective of whether a law violates the U.S. Constitution, the Virginia Constitution, or is manifestly destructive of the pre-existing rights of the People of Virginia. This radical view is demonstrably false, and ignores the significance of the fact that local officials are required by law to take an oath to support the federal and state constitutions above the laws enacted by the General Assembly.

Citing passages from the U.S. Constitution, the Virginia Constitution, multiple Supreme Court cases, as well as excerpts from Thomas Jefferson’s “Virginia and Kentucky Resolves” of 1798, along with references of the resistance to “slavish obedience” framed as far back as the Magna Carta eight centuries ago.

The exhaustive GOA/VCDL gun rights pushback runs a full 12 pages and points out the Governor’s and Attorney General’s hypocrisy.

Neither Attorney General [Mark] Herring nor Governor [Ralph] Northam can credibly command that local governments must implement every act of the General Assembly, because that view directly contradicts the positions they have taken in the past.

Erich Pratt, speaking on behalf of GOA members, along with the VCDL’s Philip Van Cleave, declare that the Virginia General Assembly has voted to establish binding legal precedence that empowers Virginia citizens and sheriffs to refuse to cooperate with “the Unconstitutional laws of a Superior Governmental Authority”.

That authority, the letter states, flows from the Virginia legislature’s response to a 2012 threat issued by President Barrack Obama that American citizens could be detained indefinitely by the U.S. military “without charges, without access to counsel, and without trial” if the detainee was merely suspected of being “an enemy” of American interests.

The Virginia General Assembly, says the the letter, enacted House Bill 1160 overwhelmingly in 2012 to prohibit the Commonwealth “from assisting the federal government in the unlawful detention of U.S. citizens”, following the issuance of Obama’s National Defense Authorization Act.

Summing up the case for resistance to new proposed gun rights infringements, Pratt and Van Cleave conclude . . .

Should the Virginia General Assembly, along with the Virginia Governor or Attorney General, enact and attempt to enforce a law which is prohibited by Second Amendment to the U.S. Constitution, or Article I, Section 13 of the Virginia Constitution, and the pre-existing, inalienable rights of the People, then such law is of no legitimacy — and void. In response, local government officials who have sworn an Oath to uphold the federal and state constitutions unquestionably have the inherent power — and the duty — to refuse to enforce such unconstitutional laws, and even to protect the People against enforcement.

The Democrat-controlled Virginia General Assembly will be gaveled into its 2020 session on January 8th, with “progressive” leftists there tentatively scheduled to begin pushing an extreme gun control agenda with hearings as early as January 13th.

The Virginia Citizens Defense League, which has predicted tens of thousands of armed citizens will converge on Richmond for a January 20th Lobby Day event, has also pledged to turn out its supporters for any firearms infringement hearings in advance of that.

 

Jeff Hulbert is the founder of Patriot Picket. 

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144 COMMENTS

  1. if I can find a legal route to bring a firearm to Virginia from Texas, I’d be proud to stand along side Virginians to protect the first and second amendments from the treasonous tyrants in their state governments.

    I support conservatives in any state that oppose reductions in the size and cost of big dictatorial governments and I don’t give a damn about their race or sex.

    • Like a legal drive route? Texas-Kansas/Oklahoma-Missouri-Kentucky-Virginia. Every state through to Virginia is constitutional carry. Shouldn’t have any legal issues.

      • Texas STILL requires a permit for open or conceled carry. They CAN carry on church property (still private property though) now, thank God.

    • You ARE kidding, right? (Texas, Arkansas, Tennessee, Virginia)… or .…. (Texas, Louisana, Mississippi, Alabama, Georgia, South Carolina, North Carolina, Virginia)…. or the scenic route…. (Texas, Louisiana, Mississippi, Alabama, Florida, Georgia, South Carolina, North Carolina, Virginia)…. OR…. Unless you go1000 miles out of your way (through Chicago) you will NOT come even close to an anti-gun environment and should encounter NO issues unless you are a convicted felon in possession of a firearm or carrying concealled in a state the requires a permit without one (every state in your way has reciprocity agreements with Texas) Enjoy..

        • Yeah, close enough…But, keep in mind, if you are traveling to Richmond Va. from ANYWHERE in Texas and you find yourself facing a “Welcome to Maryland” sign, you just might be geographically challenged…

        • MaddMaxx — He might be coming by boat through the gulf of mexico, around the tip of florida, and up the east coast. In that case he could accidentally land in maryland! BWAHAHAHAHAHA!

          • Which lends itself to my “geographically challenged” comment… There are a dozen major ports and probably hundreds of small boat landings between the Fl. Keys and the port of Baltimore, if you screw that up you are wasting air that could be used by someone with an intellect….

        • Basically, if you’re geographically challenged and take a wrong turn on the highway,
          PRESTO, SHAZAM!
          you magically become a criminal and a felon, simply by missing your exit and entering an unfree state where even possessing an emergency flare gun (signalling device) in your car (if somebody happens to see it and it makes them “feels scared”) is a felony (as it is in NJ apparently, because NJ cops arrest boaters for having one in their car in NJ).
          And then you’re barred from gun ownership for life, because any felony (even an accidental one caused by taking a wrong turn on the highway) takes away your gun rights for life.
          That’s f–d up, by the way, making possession of a legally purchased gun a felony that deprives you for life of your right to own a gun, just because you make a wrong turn and end up in NY, NJ, IL, CA, MA, CT — did I leave out any anti-gun states?

          I’m so geographically challenged myself that I once ended up in New York City by accident (fortunately, I wasn’t transporting anything in my car that’s outlawed by the People’s Republic of New York City).
          I realized my mistake (I am not kidding!) because I noticed the streets and sidewalks were suddenly full of trash, so I said, “Oh shit, I must have crossed into New York City,” because that’s the only place in America I’d ever seen so many litterbugs. (But since then, I’ve been to Newark, New Jersey, which has even more trash on the sidewalks).

      • Assuming democrat lawmakers in VA don’t back down from the bills introduced and come June the VA NG is called up to enforce confiscations – I would expect that the Democrat governors of Kentucky and NC will also call yo their NG units to block transit to VA to support. There may even be roadblocks in conservative states to stop assistance from getting to VA if a violent clash occurs.
        The real question is if there is a violent clash, with the VA government let in UN peacekeeping troops?

        • The Dem Gov in Ky is pretty moderate and understands the only reason he is there is because the incumbent was so badly disliked, don’t know much about N.C. but there is still a corridor from TN. straight in to the southwest corner of VA. I don’t think Coonman and his newly elected cohorts have the authority to call in U.N. troops and even though they plan to piss all over it I believe the Constitution (posse comitatus) requires an act of congress for the use of ANY military operations on American soil in support of a domestic law, at any rate I seriously doubt that the U.N. Security Council could come up with the votes required to get involved in a domestic dspute in the United States…..

          • “I believe the Constitution (posse comitatus) requires an act of congress for the use of ANY military operations on American soil in support of a domestic law ,”

            Popular notion, but…

            That law was enacted in 1878. It does appear to prohibit using US military force to implement local law (or any law enforcement effort). However, one must at least look at the Little Rock school integration episode to see that Posse Comitatus, like all federal law, is flexible when the government wants it so. In short, federal troops were used to protect children from racist threats and crowds while children were walking into school.

            The Arkansas governor activated NG troops to prevent black children from entering a school. The president federalized those troops, and ordered then to protect the children. Eventually, active duty military of the 101st Airborne were sent to reinforce the NG troops.

            • Posse Comitatus does allow for federal troop intervention in limited circumstances but it takes an act of congress, NO governor can call up federal troops and definitely has NO authority to petition he U.N. for intervention without first engaging the federal government and there is STILL that pesky unanimous vote required in the U.N. Security Council to authorize deployment of U.N. forces (which would most likely kick off nation wide civil disobedience) No one in this country other than far left will condone the use of foreign military force against Amercan citizens….

      • Oh, yeah, here in the SE all surrounding states have reciprocity with AL. For whatever reason, though, SC, which is just the other side of GA from us, does not.

      • If you have a TX license to carry, you are good to go by essentially any route, to Richmond, I do it all the time. And return by any other route, so long as neither goes north of the VA state line, like DC, MD, NY, etc. Also, in 15 years of making that round trip several times a year, no one has EVER asked me for my TX license to carry. Just doesn’t happen. If we are paralyzed by fear of the jack-booted thugs, we will never progress. Carry a gun which you can afford to lose, and ignore the laws which are UNENFORCEABLE!

    • Yup, getting there legally is no problem. I may well make a trip or two out thee from Ft. Worth as well.

    • What are you talking about, do you have any idea how many Texans are there already? Grow some, from a Texan.

  3. Would the AG of Virginia declare that slaves had no options because slavery was the law? Fascism is on the march in America and it is being pushed by the left and their minions.

    It. Must. Be. Stopped. No matter the cost.

    • Tonight the rectum gas can be smelled from New York to California against the prevailing wind its that bad. JWM our Walter Mitty /James Bond to the rescue in a poorly made “B” rated movie for the down home folk in Podunck Junction that still has only 1 cop and 1 fire engine.

      All that is missing is the audio of the Star Spangled Banner and JWM wrapped in the flag as he is incinerated by helicopter gun ships or perhaps a flame throwing tank (we should be so lucky). It will make good entertainment on the 6:OO news. We have not had a David Koresh barbeque in a long time.

      JWM will now hit the Commando Key board with his usual one finger so fast that smoke will be billowing out of the key board.

      JW Walter Mitty lighted a cigarette. It began to rain, rain with sleet in it. He stood up against the wall of the drugstore, smoking. . . . He put his shoulders back and his heels together. “To hell with the handkerchief,” said JW Walter Mitty scornfully. He took one last drag on his cigarette and snapped it away. Then, with that faint, fleeting smile playing about his lips, he faced the firing squad; erect and motionless, proud and disdainful, JW Mitty the Undefeated, inscrutable to the last.

      Star Spangled Banner music and singing fads out. Finis flashes on screen.

      • vlad the nazi. looking to murder folks for speaking out against the swastika. This is exactly why we must stop the fascists. And we will.

        You’re making the same mistakes your idol adolf hitler made, vlad. You haven’t won the war, in fact are close to losing, and you insist on committing crimes against humanity.

        There will be tribunals.

        • Racist hillbillies got spanked in the 1860s, and the same would happen today or tomorrow. Keep dreaming, but don’t forget to brush your 8 teeth before going to bed.

        • That’s funny. Yet the posters here who wish death, cancer, and directly threaten to kill people who choose not to have blind faith in the government/pharmaceutical cartel are exempt from your criticism. Got it.

        • pee gee. You’re a nazi supporter, now? I know that you’re not an anti vaxxer. For whatever reason you attempt to paint anti vaxxers in a poor light. Pay? Mentally ill?

          I know real anti vaxxers. My wife. all 3 of my daughters. You are not a real anti vaxxer. You’ve done enough harm on just this one web site to the cause to make me believe you’re being paid by big pharma.

        • Poor spin, you’re a terrible, predictable liar. In CA you’ve lost so many rights to the pharma industry, and that loss of rights continues as we post, you’d have to be a jellyfish Not to be concerned. Which you are not.

        • “you’d do well to remember what Waco led to…do we really want to go down that road?….”

          You are correct. Waco led to absolutely nothing afterward; government celebrated and handed out awards.

        • Quote: “You are correct. Waco led to absolutely nothing afterward; government celebrated and handed out awards.” Not quite nothing since it led to the Assault Weapons Ban of 1994.

          • “Not quite nothing since it led to the Assault Weapons Ban of 1994.”

            Was thinking of it leading to nothing as far as patriots responding to an incident worse than the Lexington Green. If government murder of 73 Americans did not provoke an uprising, mere legislation isn’t going to energize anyone to revolt. Same for NG and state police confiscating firearms.

            “Big Wind Blew In From Winnetka, Big Wind blew right out, again”.

          • You probably never heard of Timothy McVeigh… Does Oklahoma City/Murrow building/dead kids ring a bell? That shit storm was a DIRECT result of Waco…..

        • MA…MA, not gonna swear, but I seem to recall that bombing was a response to Ruby Ridge, not Waco. Just sayin’.

          • What McVeigh wrote:
            ‘I explain herein why I bombed the Murrah federal building in Oklahoma City. I explain this not for publicity, nor seeking to win an argument of right or wrong. I explain so that the record is clear as to my thinking and motivations in bombing a government installation.
            “I chose to bomb a federal building because such an action served more purposes than other options. Foremost the bombing was a retaliatory strike; a counter attack for the cumulative raids (and subsequent violence and damage) that federal agents had participated in over the preceding years (including, but not limited to, Waco). From the formation of such units as the FBI’s Hostage Rescue and other assault teams amongst federal agencies during the 80s, culminating in the Waco incident, federal actions grew increasingly militaristic and violent, to the point where at Waco, our government – like the Chinese – was deploying tanks against its own citizens.”
            Waco, not the sole cause, but the final action that put McVeigh in motion…

      • What’s your fascination with “rectum gas”? Is it your breath you smell, or your skid-marked underwear? Like a typical left winger, you accuse others of your own issues, projecting and calling others “keyboard commando” in an attempt to belittle them.

        Face it, Vlad, just because you are a coward who fears the government, and especially having your welfare cut off, that doesn’t mean anyone else here is interested in living on their knees like you do.

        • “rectum gas” Can be found in the same places where glory holes and Vlad can be found. They are his safe space. He has customers to take care of there.

        • Is it any surprise a Leftist like ‘vlad’ has a fascist fascination with rectums?

          Troll for your dates somewhere else, ‘vlad’.

          *snicker*… 😉

        • Vlad. I wish you’d have throwed a comma in there. I don’t no nothin bout Grammer but “Rectum gas can” is what I readed and it fckd up yur hole sht to me. I was still stuck on Rectum gas can trying to finger out whut u was saying after that. I don’t like JWM either, he runs over possums ever chance he gets. And also if your hosting the BarBQue I’d like to be invited over for the eats, thank you, your welcome.pS. I ain’t commen over lessen the “Coons of Doom” gets invited too. ,,Rectum gas can, a can you put Rectum gas in. I’d think a bottle wood work better, Rectum Gas Bottle with a rag soaked in rectum gas stuck in the pour it out hole, lit on fire, and throwed at that trash Dumpster full of them damned stray cats. Well I guess tho if you toasted the cats rats would take thEIIre place so I’d rather have the cats. Put the fire out vLad, maybe next time. PEACE and MERRY CHRISTMAS

        • Possum, JWM likes you. Seriously!

          He just likes yanking your marsupial tail (like when I mention possum nasty, jagged yellow teeth… 😉 )

          TTAG is a nicer place with Possum scurrying around in it.

          Did you like the X-mas dinner scraps I tossed in the ditch for your family? Roast beef, gravy, and mashed potatoes… 😉

  4. It’s going to be very interesting and tense time in Virginia for the next few months. I hope the incoming democrat politicians realize the hornets nest they have stirred up, grow some brain cells and back down.

      • They still believe that the POTG will surrender. They believe it to the core of their beings. They believe if they enact laws, no matter how grossly UnConstitutional they may be, you are obliged to follow it or be declared a felon now and forever.

        When you become a felon and aren’t a Democrat supporter and given a free pass like almost 200,000 felons were by outgoing Democrat Governor Terry McAuliffe, you lose your right to vote and your right to possess firearms. They intend to neuter gun owners through these laws and will have plenty of time to do it before the laws can be effectively challenged in court, appealed, and appealed again. All of the arrests, confiscations and incarcerations will be going on for years before the higher courts might – might – act to overturn them.

        Meanwhile, they’ll also be using the 2020 census to redraw voting districts in their favor to make it extremely difficult if not impossible to win in future elections.

        So. What will it be? Abject surrender… or something else?

        Lobby day might be a good start if it isn’t already too late. Bet you wished you brough out all of your friends and family members to vote last year now.

        • How soon? Very soon do the politicians forget that “We the People” voted them into office and they(politicians) seem to think “We the People” cannot vote them OUT of office!

          • “Very soon do the politicians forget that “We the People” voted them into office and they(politicians) seem to think “We the People” cannot vote them OUT of office!”

            Because we don’t??

      • Good thing it’s not happening in Commifornia otherwise Vlad’s cuz Salwell would sick the nukes on all of the true patriots. Because that’s what pinko fag commie bastards do !!!

      • They assumed VA was like NY. Even in NY, gun owners quietly choose which stupid gun laws to follow and which not. It is heartening to see Virginians choosing more loudly.

    • I believe the push back by Virginia gun owners (and the support of local and county law enforcement) took a lot of people by surprise because the liberals mistakenly assumed that they had a state wide mandate to move on the “fanatical” gun crazed fringes… oooops, (I think I’ll hang on to my little Va. mountain getaway just a bit longer to see how this plays out…)

      • [Unconstitutional laws are Not Laws at all! But don’t take our word for it. In Marbury v. Madison, the Supreme Court itself declared that “an act of the legislature, repugnant to the constitution, is void.” ] http://takebackthepower.us/Not-Laws.html

        The Virginia gov doesn’t have a leg to stand on or a pot to piss in!

        • Quote: [Unconstitutional laws are Not Laws at all! But don’t take our word for it. In Marbury v. Madison, the Supreme Court itself declared that “an act of the legislature, repugnant to the constitution, is void.” ] Yet SCOTUS allows NFA 34 to stand in effect. And so many other unconstitutional law, not just those in violation the 2nd amendment.

        • Robert, no one has actually challenged NFA ’34, and SCOTUS does not go out looking for laws to void. And, after 85 years of acquiescence, sudden challenge may just be ignored.

    • Waco led to ten years of good employment for me after my primary retirement….and a massive security upgrade all over the country…if you think the govt. wasn’t concerned and uneasy after Oklahoma City you’re hopelessly naive…….

  5. GOA Et al, please spend your time and money on lawsuits in court against these laws; don’t waste your time playing amateur Supreme Court Justice of undermining the will of elected officials.

  6. “VCDL and GOA Letter: Virginians Have No Duty to Abide by Unconstitutional Gun Control Laws”

    Do these outfits have the financial clout to defend every person who takes them up on the declarations? Are they trolling for lead defendants in a class action law suit?

    We still operate realistically under the concept that “might makes right”, so declarations of “null and void” are not Kryptonite to law enforcement.

    • The number of armed men inbound for Richmond on the 20th makes a hell of a compelling argument by that logic.

      Political power grows from the barrel of a gun.

    • law enforcement is well aware they’re vastly outnumbered….always have been…it only works when we agree to support them….

      • Redcoats that changed the color of their uniform to blue are still Redcoats.

        This country has gotten so used to accepting government control, that they only see the federal/local law enforcement, and agencies as separate agencies. BATFE, FBI, DEA, NSA, FDA, USDA, EPA, BLM, etc, etc, and their state level analogues – all together, they represent far more oppression than the colonists ever faced. It appears, yet once again, it will come down to Lexington and Concord before tyrants are thrown out.

  7. Thanks for writing the complete words for those acronyms! So many times the authors of articles don’t do that. (Newspapers are the worst at this.). Some are common, but not always. Is ADA American Dental Association or Americans with Disabilities Act? (Where’s the W?) I learned this in Journalism 101. Glad to see you did too. Thank you, thank you?

  9. Let it be known that there will be violence given the tyrannical leanings of not just the Governor but also the entire democrat machine running Virginia. There are those in power itching for a fight as a way to indirectly attack Trump and conservatives as a whole!! The heavily and extremely liberals that live around the swamp want nothing more than to dominate and crush the lessor peoples of Virginia who believe in God, the Bible and the Bill of Rights. Make no mistake that there will be law enforcement officers who will side with these tyrants and willing “SWAT” those lessor humans who smell like Trump supporters. The Governor is going to call up the Guard as well and will declare a State National Emergency so as to impose “curfews”, warrantless searches and seizures (supported by like minded liberal judges) and killings claiming the dead lessor humans failed to properly respond to a “lawful” order or pulled a weapon within their own homes when subjected to a 3 a.m. SWAT in extremis entry without warning! The war is going to go hot. Yes there will be declared “Victories” as some people voluntarily surrender their lawfully owned weapons but in the bigger scheme, tyrannical dems will willfully overreact. Then the rest of America will have to get involved. Sides are going to be chosen as a matter of necessity. All other Democrat tyrants be warned. You have now gone too far and this is where we who have been demeaned by you “intellectual a$$holes” will learn that enough is enough. Bring your Antifa weenies too ’cause you are going to need them.

    • It all comes down to which side the public will support….without that mandate outcomes are uncertain….

      • Actually, regardless of who the public supports, if it all goes pear shaped the outcome is pretty damn certain and it’s not good for much of anyone.

        Well, other than the strongman that takes over which, statistically and historically, is the outcome.

  10. “Should the Virginia General Assembly, along with the Virginia Governor or Attorney General, enact and attempt to enforce a law which is prohibited by Second Amendment to the U.S. Constitution, or Article I, Section 13 of the Virginia Constitution, and the pre-existing, inalienable rights of the People, then such law is of no legitimacy — and void. In response, local government officials who have sworn an Oath to uphold the federal and state constitutions unquestionably have the inherent power — and the duty — to refuse to enforce such unconstitutional laws, and even to protect the People against enforcement.”

    By the representatives vote for such usurpations of the US Constitution and state Constitutions and thus be guilty of violating their oath of office.

  11. You good people of Virginia might want to remind those trashy democrats that if they can have the lawless sanctuary cities for illegals then you people can surely have second amendment sanctuaries. By the way, the second amendment is law and protects you, whereas the sanctuaries for illegals is in itself illegal. Don’t give up your fights up there. If the anti gunners doesn’t back down then get a few hundred thousand of gun rights supporters to go to the Capitol and cause as much chaos as possible. If BLM and Antifa can burn buildings and cars, attack counterprotesters and police, destroy businesses and block traffic without any charges against them, then so can gun rights supporters. Destroy everything and shut down business and that will get their attention. What’s good for the goose is good for the gender right?

  12. President Trump has the final say-so into the National Guard deployment or roll. He knows if he lets Blackface get away with using the NG, to violate our rights, he will be voted out in a landslide by the gun owners.

    • Trump’s heroism in ‘Nam, coupled with the fact he’s a morally upstanding self made man, make him worthy of our collective awe, deference and respect!

      • There are fewer than 8 thousand men on the rolls with the guard in Virginia. That’s a mighty light ‘fist’. Likely most of those will not turn on their fellow citizens. If the fascist governor of VA is foolish enough to start this ball he deserves what’s coming to him.

        My bedroll is in my vehicle along with my winter go bag. I still have family in WV, KY and Ohio. Many of whom, like me, are vets. I will have places to stay and eat on the way.

        Let’s hope that it doesn’t come to this. But if it does, I’m ready.

        • You might want to consider pre-positioning (if you haven’t already) certain ‘supplies’ with some of your families and friends there. If things warm up, they may start searching vehicles inbound to the area. Play the part of a harmless fuzzy grandpa going to see the grandkids. Then tool-up on arrival and rock… 😉

    • the guard’s primary function is to maintain order and keep the peace…and little more than that…

    • The legalities of all this are complicated, really complicated, but that statement isn’t really true. The National Guard is however equipped and supplied almost entirely by the Federal Government. Spare parts and the like come out of federal warehouses and depots. Access to those can be immediately cut off. It is a slow bleed, but an effective one.

  13. I would go with show of force first, leave the guns home and just show up en mass. You will be able to gain thousands from neighboring states also. Peaceful protest first, show them the errors of their ways…

    • I am currently working on the planning, but if I go I WILL be armed, question will be handgun or AR, or both. Multiple trips for more than a decade I have been CC, but all legally. A rally on the street should be no problem unless they pass some manner of “special” law just for the occasion, I will still be carrying.

  14. Yep it’s Friday night and the Keyboard Commandos are once again out in full force. Thanks for the unintentional hilarity you Chairborne Rangers!!!

  15. The 2nd amendment was written for a reason. That reason’s time is come, should the legislature become destructive of life, liberty, and property to such an extent. The right to bear arms is just a nice way of saying vote from the rooftops. Unfortunately, we lack the organization and communication that a well regulated militia should have. But that is fixable.

  16. “VCDL and GOA Letter: Virginians Have No Duty to Abide by Unconstitutional Gun Control Laws”

    Finally, a group that acknowledges the way our intended system was meant to operate. We The People are under no obligation whatsoever to obey unconstitutional dictates. As that is the whole intended purpose of a written Constitution. So ALL are aware what our government “shall” and “shall not” have the delegated authority to do. And anything they do that is expressly declared that they “shall not” do is not true law.

    “There is no position which depends on clearer principles, than that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution, can be valid. To deny this, would be to affirm, that the deputy is greater than his principal; that the servant is above his master; that the representatives of the people are superior to the people themselves; that men acting by virtue of powers, may do not only what their powers do not authorize, but what they forbid.”–Alexander Hamilton, Federalist No. 78, Independent Journal, Saturday, June 14, 1788.

    And even SCOTUS agreed at one time:

    What is a constitution? it is the form of government, delineated by the mighty hand of the people, in which certain first principles or fundamental laws are established. The constitution is certain and fixed; it contains the permanent will of the people, and is the supreme law of the land; it is paramount to the power of the legislature, and can be revoked or altered only by the authority that made it.–What are legislatures? creatures of the constitution, they owe their existence to the constitution–they derive their powers from the constitution.–It is their commission, and therefore all their acts must be conformable to it, or else void. The constitution is the work or will of the people themselves, in their original, sovereign, and unlimited capacity. Law is the work or will of the legislature in their derivative capacity.–Judge [U.S. Supreme Court Associate Justice William] Patterson’s Charge to the Jury in the Wyoming case of Vanhorne’s Lessee v. Dorrance; tried at the circuit-court for the United States, held at Philadelphia, April term, 1795. Pg. 182.

    [Pamphlets On The Constitution Of The United States, Published During Its Discussion By The People 1787-1788. Edited With Notes And A Bibliography By Paul Leicester Ford. Brooklyn, N.Y.: 1888. (Index)]

    “The general rule is that an unconstitutional statute, though having the form and name of law, is in reality no law, but is wholly void, and ineffective for any purpose; since unconstitutionality dates from the time of its enactment, and not merely from the date of the decision so branding it. No one is bound to obey an unconstitutional law and no courts are bound to enforce it.”

    [16 American Jurisprudence 2d, Section 177; later 2d, Section 256]

  17. Personally I’d hit them on the VA Constitution. Hard.

    If they truly believe in the things they say, on a number of topics, then it shouldn’t be a big deal to simply amend Art. 1, Sec. 13 out of the Constitution. It requires a majority in both chambers of the Legislature in two separate sessions separated by an election and then an approval by plebiscite. Or they can skip the plebiscite if they get 2/3rds majority in both chambers to call a constitutional convention.

    That’s far easier than amending the US Constitution. It’s been done in Virginia numerous times including half a dozen major revisions, last in 1971. In fact, Article 1, the Bill of Rights, is basically the only thing that remains untouched from the original 1776 document (which says something about it’s staying power).

    If they won’t take that route then they know that they’re wrong and that this is a loser politically in VA.

    That’s the route I’d start with.

  18. And if Coonman falls into the rhythm of firing Officers who do not obey, VA should make a work around for that as well.

  19. If Coonman decides to fire every LEO who balks, then the people must take Law Enforcement away from the Unions and back into their own hands. They serve the people.

    • “If Coonman decides to fire every LEO who balks, then the people must take Law Enforcement away from the Unions and back into their own hands.”

      OK, the Gov. fires the sheriffs who balk. What’s the mechanism in Virginia to install a replacement? Who decides? And what is the mechanism for the citizens to fire a replacement that bows at the feet of depot governor?

      • Step one, shoot the governor? If there are no more LE, couldn’t you just walk into the Capitol and start writing new laws? Think Coonman is going to stop you?

  20. SCOTUS should smack the gov down with Article 1, section, 3 clause 9; “no bills of attainder or ex post facto laws”. And the 14th Amendment makes the law applicable to the states. An example being Brown v. Board of Education.

      • Conspiracy to violate rights does apply, however.

        18 US Code 241, the whole of which is:

        “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; or

        If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured—

        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.”

        • Inventive but no.

          Long post made quite short: No court will find that acceptable because of the obvious ways such a ruling could be obscenely abused by either political party against it’s rival(s).

          The court might wrap it up in fancy election about “duly elected representatives of People” and assumptions about “properly passed legislation being assumed legal until” but ultimately trying to get a court to agree with interpreting the law that way, barring an actual bill of attainder or something, has less chance of coming to pass than Caitlyn Jenner has of ever becoming a real woman.

  21. It matters who blinks 1st. Bundy ranch proved gubmint goons have no stomach for a massive show of force. He!! they let the natives get restless in Ferguson,Mo. Could have crushed them in a day. I would stock up Virginians. I am in Illinois. The corrupt state is “slow walking” FOID & CCL. I’ll be ready for jabba the prickster😩

    • “We” have the power. You are correct. “We” stopped the government at Bundy Ranch. And just 4 guys, two with shotguns, and two with AR15s, stopped the riots in Ferguson Mo. The Oath keepers did what the government refused to do. And they didn’t shoot anybody.

    • “It matters who blinks 1st. Bundy ranch proved gubmint goons have no stomach for a massive show of force. ”

      The Waco attack says different. At Bundy 1, feds were out numbered, out gunned.

      The lesson to be learned from Waco, Ruby Ridge, Bundy 1 and 2 is that government forces were arrayed against private citizens, and “we the people” just turned the channel.

      There ain’t gonna be no Civil War 3.

  22. It’s time for the people to stand up and declare they simply won’t obey Northam’s tyrannical, unconstitutional grabs. Quit the mollifying and the “law-abiding” talk. Tell Bloomberg, Northam, and their assorted cronies that you won’t obey their laws, and if they come for your guns, you will dispose of the people they send and then hit the road to dispose of the tyrants who sent them.

    We’ve had so much of our rights taken from us already. No more. Stop it here.

  23. Americans have a very long tradition of ignoring all levels of government. And it really helps when you have the same fire power or better than the government.
    There are more civilians with guns in this country than the government has. How many sheriff deputies do you think there are in these small rural Virginia counties??? And everyone knows where the sheriff and his staff lives. Virginia is not Los Angeles county california.

    Remember “Red Dawn” was just a movie.

    Sheriffs in the United States
    https://en.wikipedia.org/wiki/Sheriffs_in_the_United_States

    “These range in size from very small (one- or two-member) forces in sparsely populated rural areas to large, full-service law enforcement agencies, such as the Los Angeles County Sheriff’s Department”

    “which is the largest sheriff’s office and the seventh largest law enforcement agency in the United States, with 16,400 members and 400 reserve deputies.”

  24. If you can not understand the concepts laid out in Marbury v. Madison, not only should you flunk the bar exam, you should be sent back to the eighth grade to learn about basic US history. Apparently, VA Attorney General Mark R. Herring flunked both constitutional law and basic American history. This idiot doesn’t understand that the American Revolution wasn’t about a tax on tea, but the attempts to disarm the people by force.

    It seems likely the Governer will call out the Red Coats VA State Police if he thinks he can rely on them. My only real worry is he will find some low life like Lon Horiuchi to murder protesters in an attempt to start a war he thinks he would win.

    • I doubt seriously that the guy flunked ConLaw or that the Marbury v. Madison ruling eludes him. The issue is that he doesn’t care.

      The reason he doesn’t care is because he knows that basic civics has been beyond most Americans for generations. Various forms of gun control have polled very well, like 60%+ since at least 1930.

      As much as we might not like to admit it the NFA was actually shockingly restrained compared to the original proposal and the restraint did not come from public policy polling but rather from Congress actually listening lawyers and actual experts.

      • “.. To prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added”

        I wonder how many experts and lawyers it took to convince Congress that there is indeed one of their powers that escapes being explicitly informed that it is a miscommunication or abuse of its powers. Every preamble states a purpose, the Preamble to the BoR just happens to be a bit more specific about the purpose.

  25. My goodness the GOA just advised some people to break the law. … …….. I wish to thank all those who throwed their leftovers in the ditch. And a special Thanx to those who throwed them on the right hand side. Along with the eats Me, a bunch of my relatives, and some buzzards ,got to watch
    Skunks and Wolves try and cross from the left to take what we had, just to get splattered center line.

  26. Total authoritarianism is the price of freedom! Thats what the Founders wanted, that, and impeaching Trump! And those old white guys with the wooden teeth were all from Virginia! See, thats precedent! They surely would have banned the guns back then if they could have foreseen the AR15!

    Virginians are lucky to be in the capable hands of such fine friendly folk as Gov Coonman!

  28. The Constitution was written for a Democratic Republic, not a United Socialist State Republic. Once we transition to the United Socialist State Republic beginning in 2020, The Constitution of The United States of America, in it’s entirety, will be invalid. The Socialist Party owns the US Military leadership, no help there. Might want to get out from behind that keyboard and freshen up your guerrilla warfare skills now. (I might be wrong, but that is where it’s headed, eventually. This didn’t start yesterday, it won’t stop tomorrow.)

  29. In truth, the oath many of us have sworn to defend and protect the US Constitution from all enemies, foreign or domestic supercedes any legislation our states pass. We’ve a Duty to Not Follow any Uncostitutional legislation or Laws, and to fight the same’s enforcement.

  30. Virginia is going to be the “canary in the coal mine” for the rest of the country… “If we don’t hang together, we’ll surely hang separately.” . .. Let’s see how far the libbies push and if they get pushback….

  31. Getting back to the original topic before all of the schoolyard bullies starting comparing the size (or lack thereof) of their cranks…

    “The Virginia Citizens Defense League, which has predicted tens of thousands of armed citizens will converge on Richmond for a January 20th Lobby Day event, has also pledged to turn out its supporters for any firearms infringement hearings in advance of that.”

    This is what I, personally hope they are able to do. Period. News media can’t deny what’s happening if tens of thousands of people rally. The protesters wouldn’t even need to be armed- just show up. Anyone who’s tried to organize real events of this nature, without paying for the freaks and bussing them in from all over the country as Antifa, Occupy Wall Street and other mobs have done with the help of their King-wannabe donors knows just how difficult it is to mobilize and activate intelligent people. Excuses of taking off work, travel distance, expenses, wife won’t let you, etc. take away about 98% of those we’d like to think we can count on. Some groups, like Guns Save Lives (in IL) and the VCDL have done pretty well so far, I only hope they are able to keep it up.

    • Its almost like we should have some kind of Association, maybe National, that represents people who like Rifles and guns and freedom to enjoy them and such.

      But, they would probably just turn into a vast top heavy bureaucracy filled with overpaid out of touch staff producing a muddled limp wrist approach to real world street fight political battles.

    • Think we’re going to have to try. 1500 miles, in the winter, and I’ll have to replace some tires first, but relatives in Williamsburg will welcome us for a few days, and I do love to drive, and if I can make it, why can’t you? Before we have to shoot our way in? When I head for Richmond, I will have a full tank of gas, I expect the traffic jam will be epic.

  32. If a group of motivated people were to converge upon the Virginia house or whatever place the legislature might meet to pass these bills, maybe the liberals won’t enact them. Must be done before passage not an lobby day too late.

    • Lobby day is apparently at the beginning of the legislative session, not the end. Because affecting legislation is precisely its purpose.

  33. I’m laughing at some of the comments. Left wing trolls being paid to.antagonize conservatives & some conservatives falling for it to the point the conversation is way off topic.
    To you conservatives: Ignore the trolls. They’re only here to rule you up.
    To the.Left wing trolls: Stop.parroting the DNC… It’s getting very old. Be creative.If you can.

  34. Here we have a brilliant and factual “fighting” statement from the VCDL and GOA. GOA is always on the front lines. But WHERE is the NRA? Right there in Fairfax, VA! I’ve been watching for THEIR position, THEIR boots on the ground, THEIR fight. But ZIP. Is the compromised “leadership” ducking their heads?

    • “But WHERE is the NRA?”

      What is the nature of the contest?

      If you are talking specifically politics, challenging things in court, lobbying, NRA might have skin in the game; might. But when it comes to enforcement, well, NRA is tight with police organizations. The scramble in Virginia is not about potential legislation, or even enacted legislation, it is about enforcing legislation. Who does the enforcement? Who is NRA tight with? NRA has its hands full of trouble already. Alienating police is a bridge too far.

      • That is not what I understand. The argument is over what newly elected demagogues *intend* to pass, the sanctuary counties are already on the move to be in place before the laws are passed. Only problem is that the dumbasses will be able to back away and claim they would never …

  35. In a sad turn of events, U.S. District Court Judge William Young has issued a ruling that upholds Massachusetts’ ban on AR-15s and large-capacity magazines.
    His reasoning? He says AR-15s are NOT protected by the 2nd Amendment (!!). He wrote:
    “The AR-15 and its analogs, along with large capacity magazines, are simply not weapons within the original meaning of the individual constitutional right to ‘bear arms’.”

    “GET A ROPE”

  36. Up until we effectively and completely depose the BATFE, there will be no constituionally appropriate level of gun law.

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