Archive for the ‘Second Amendment’ Category

Virginia sued over Second Amendment rally gun ban – Washington Examiner

Two gun rights groups planning to host a rally of 130,000 supporters Monday at the Virginia state Capitol have sued to repeal Democratic Gov. Ralph Northams ban on guns, even for those with permits.

Governor Northam is behaving like the royal governors who long preceded him. He has arrogantly and brazenly tried to restrict the rights protected to Virginians by the First and Second Amendments, said Erich Pratt, senior vice president of Gun Owners of America.

His group is joining the other rally organizer, Virginia Citizens Defense League, in pushing to win back gun rights on Capitol grounds for the Monday lobby day when members planned to press lawmakers to reject a wave of gun control legislation sailing through the Senate.

Gun Owners of America is joining VCDL in asking the courts to issue an emergency injunction forbidding the enforcement of the governors unlawful ban. The Lobby Day rally is held annually with thousands of participants and without incident. The only difference this year is that, in response to the Democrats attempt to eviscerate the Second Amendment, a much larger crowd is expected, said Pratt.

GOA is arguing that the governors actions violate the Virginia and U.S. Constitutions, as well as, a 2012 state law which strictly limits the governors ability to ban guns in a state of emergency, he added.

Earlier in the day, VCDL ripped the governors emergency decree and suggested that Democrats were hoping for violence at the rally so they could smear gun owners.

In that alert to some 38,000 supporters, VCDL said:

VCDL believes that this gun ban is illegal. Our legal team is looking at our options and we will keep you advised as soon as we have a definitive plan. As it stands now, you can carry on 9th Street, or other nearby streets, as long as you don't go into the fenced-in Capitol grounds area (or into any of the government buildings). There will be 17 magnetometers to speed up security for those wishing to be on the Capitol grounds, which puts you near the stage. You CAN have a knife with a blade LESS THAN 3 inches. Again, wait for final word on the Capitol grounds gun-ban situation over the weekend.

[Read more: Trump could be big beneficiary' in Virginia gun control battle, urged to get involved]

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Virginia sued over Second Amendment rally gun ban - Washington Examiner

Lawrence County, Ohio, joins ranks of counties declaring themselves ‘Second Amendment sanctuaries’ – Huntington Herald Dispatch

COAL GROVE, Ohio Joining other communities around the Tri-State, the Lawrence County Board of Commissioners adopted a resolution declaring Lawrence County as a Second Amendment sanctuary.

Officials in Boyd, Greenup, Lawrence and Pike counties in Kentucky have adopted a similar, non-binding resolution and Cabell County is considering a similar measure after Putnam County became the first West Virginia county to pass such a resolution.

The non-binding, symbolic resolution says that the three Republican commissioners declared their intent to oppose any unlawful infringement on the rights of law-abiding citizens to keep and bear arms using such legal means as may be expedient including, without limitation, court action.

The board was asked last week to consider the resolution by the local chapter of the National Wild Turkey Federation.

It is always the desire of this board to abide by Ohio law, ordinances or statutes, said Commission President DeAnna Holliday. As a member of the Wild Turkey Federation, Im honored to know that hundreds of members who believe in the rights of hunting individuals in our county and state join me in support of this resolution.

As a gun owner, I hope others will recognize this is not an attempt to legislate or dictate to you as to what we intend, Holliday said. We stand today to send a signal to all that we believe the 2nd Amendment gives us the constitutional right to own firearms without any impedance.

Finally, as a wife, mother and grandmother, I hereby declare that we have the right of self-protection, she said. As women, we do not necessarily have to turn to a man for protection. We have the constitutional right to protect ourselves and our family with a firearm.

Commissioners Colton Copley and Freddie Hayes Jr. also voted for the resolution.

It doesnt cost any money to do this, Hayes said. There is no cost to taxpayers.

The board also received and filed a request by Joseph Benning of the Symmes Creek Restoration Committee to seek state funding for signs at several locations in the county. The exact locations will be determined before the grant request is sent to the Ohio Department of Natural Resources, Benning said.

In other action, the board:

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Lawrence County, Ohio, joins ranks of counties declaring themselves 'Second Amendment sanctuaries' - Huntington Herald Dispatch

Ft. Gay, West Virginia becomes first Second Amendment sanctuary town in the state – WVNS-TV

Posted: Jan 20, 2020 / 06:20 AM EST / Updated: Jan 20, 2020 / 06:22 AM EST

FT. GAY, W.Va. (WOWK) On Friday, January 17, Ft. Gay, West Virginia became the first town in the state to declare itself a sanctuary for the Second Amendment.

Mayor Joetta Hatfield said, The members of the town council are proud to be the first municipality in West Virginia to adopt an ordinance that formally establishes Ft. Gay as a sanctuary against any attempt by legislators or members of Congress to infringe the Second Amendment rights of Ft. Gays citizens.

Mayor Hatfield also said that the council was motivated by the recent fall of the Commonwealth of Virginia, of which West Virginia was once a part, into the hands of those now rushing to strip away the constitutional right to bear arms.

Earlier in the week West Virginias Putnam County became a sanctuary county for the Second Amendment when its county commission voted to pass the measure.

Ft. Gay is located in Wayne County. Allen Whitt, Republican candidate for the U.S. Senate, attended the historic vote in Ft. Gay; which is located on the Kentucky border about 20 miles south of Huntington, West Virginia. Whitt said, Tonight was one of the many reasons Im proud to be a West Virginian.

The Ft. Gay council members made a bold statement that will defend their citizens constitutional rights to legally own firearms. Town council members said becoming a sanctuary city will protect against efforts by legislators pushing red flag gun laws.

Im running for the U.S. Senate because our current Senator Shelley Moore Capito says red flag gun laws make sense to her. Well they certainly shouldnt make sense to anyone who has vowed to support the U.S. Constitution, but on May 12th, a vote for Allen Whitt for U.S. Senate will make sense for gun owners and hunters.

Red flag laws strip gun owners from due process if someone calls and raises a red flag of concern about the owner. Their guns could be confiscated with no evidence of wrongdoing based on a fraudulent complaint.

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Ft. Gay, West Virginia becomes first Second Amendment sanctuary town in the state - WVNS-TV

‘Second Amendment Sanctuaries’ are the Right’s new gun push – Uniontown Herald Standard

When one of the Pennsylvania Legislatures most conservative members announced her desire to pass Second Amendment Sanctuary ordinances that defy state and federal gun laws, the temptation at first was to laugh and shake your head in disbelief.

In barely a year in the state House, Rep. Stephanie Borowicz, a Republican who hails from rural Clinton County, has proven to be anything but shy when it comes to courting controversy. So when Borowicz dropped her press release on Second Amendment Sanctuaries, it barely registered as a ripple on Twitter.

But as The Trace, a site that tracks gun violence-reduction efforts reports, theres plenty of reason to pay attention. Thats because Borowicz has quietly inserted herself into a movement that stretches across more than 400 municipalities in 20 states.

If the term Second Amendment Sanctuary, sounds familiar, theres a reason for that. As The Trace reports, backers purposefully modeled them on so-called Sanctuary Cities, where local officials decline to cooperate with federal immigration authorities.

Were just stealing the language that sanctuary cities use, Bryan Kibler, the states attorney in Effingham County, Illinois, told the Associated Press in 2018, according to The Trace.

The county approved its own gun sanctuary in April 2018, according to published reports, saying gun laws then under consideration by the Illinois General Assembly were unconstitutionally broad.

As The Daily Item of Sunbury, Pa., reported earlier this month, the state branch of a group called Gun Owners of America has volunteers working statewide on such ordinances. Officials in Bradford County, along the New York State border enacted such a resolution last December. Another northeastern Pennsylvania municipality is reportedly considering its own resolution.

In her statement, Borowicz said she was expressing my complete support for efforts in two counties in her district to protect law-abiding residents against unconstitutional gun control laws imposed in Harrisburg or Washington, D.C.

Among those measures are a proposed red flag law now before the Legislature that would allow police, acting on a court-order, to temporarily seize someones weapons if they believe they pose an immediate threat to themselves or to public safety.

These extreme risk protection order laws, as theyre formally known have been shown in other states to have reduced gun crimes and suicide.

While legal experts and others believe Second Amendment Sanctuaries are mostly symbolic and not legally binding, others say that they could lead to expensive litigation for local governments that decline to enforce state and federal gun laws.

To the extent that police chiefs and especially prosecutors view these actions by local governments as reflections of widespread community sentiment, they may feel more comfortable in adjusting their own exercise of discretion in making arrests and in charging decisions, George Mason University law professor Nelson Lund told The Daily Item. At least in that sense, it is probably not accurate to characterize them as mere publicity stunts.

Ultimately, the final battle over these local ordinances will be waged in the courts.

The proper procedure if law enforcement officers and local governments have issue with new laws is to bring legal action in the courts, and have courts determine whether those laws are constitutional, Jonathan Lowy, the vice president of the legal action project at the gun reform group Brady, told The Trace.

There is no small irony here that the very legislators and officials pursuing these sanctuary protections are those who kick back the hardest when local officials, tired of federal and state-level inaction on gun violence-reduction issues, move to enact ordinances stronger than those in existing federal law.

Such was the case when officials in Pittsburgh enacted tough local ordinances in the wake of a murderous spree at the Tree of Life Synagogue in 2018 that claimed the lives of 11 people.

Pennsylvania state Rep. Daryl Metcalfe, a Republican and outspoken gun-rights activist, called for Pittsburgh Mayor Bill Pedutos impeachment as a result.

Republicans already have an image problem with voters when it comes to gun issues. Theyll have even more explaining to do when a mass shooting erupts in one of their Second Amendment paradises.

An award-winning political journalist, John L. Micek is Editor-in-Chief of The Pennsylvania Capital-Star in Harrisburg and former Opinion Editor and Political Columnist at PennLive/The Patriot-News. Email him at jmicek@penncapital-star.com and follow him on Twitter @ByJohnLMicek.

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'Second Amendment Sanctuaries' are the Right's new gun push - Uniontown Herald Standard

The Unsavory Roots Of The Second Amendment Sanctuary Movement | 90.1 FM WABE – WABE 90.1 FM

Theres been a massive wave of public resistance in Virginia to gun regulations proposed by the recently-elected and Democratic-dominated state legislature there. This winter, supporters of gun rights across the state filled local meetings and, in more than 130 jurisdictions, fought for resolutions to become Second Amendment Sanctuaries, which dozens have passed.

While Virginias Attorney General says the measures hold no legal weight, they affirm that sheriffs and county officials plan to refuse to enforce what they say are unconstitutional state or federal gun regulations.

As Virginias legislative session begins, much of the pro-gun energy is now set to coalesce around the gun rights advocacy group Virginia Citizens Defense Leagues annual lobby day at the state capitol in Richmond. But scholars of the American far-right say the principles underlying the current sanctuary movement have a history steeped in bigotry.

According to Devin Burghart, an expert on white nationalism and far-right paramilitary organizations, the language of some who support the sanctuary resolutions in Virginia bears unmistakable links to anti-government movements from decades past.

Specifically, Burghart points to the visible influence of the idea of posse comitatus, Latin for power of the county.

Burghart says the posse comitatus theory claims that the political will of the people is at its most potent at the county level, and as such, the most important holders of public office are county sheriffs.

An elected Sheriff answers only to the citizenry, wrote Sheriff Scott Jenkins of Culpeper County, Virginia, in a recent Facebook post on the Sheriffs Office page. I will always respect the rule of law but I dont need to wait for a court to interpret my duty for me.

Sheriff Jenkins has been an outspoken supporter of the Virginia sanctuaries, vowing to deputize county residents to resist state laws regulating guns, should they pass.

This notion of county supremacy and the ideas of the posse comitatus that go all the way back to the 1970s, and the idea of the sheriff being the most important law enforcement officer in the land is one that has deep and deeply troubling roots in this country, said Burghart, executive director of the Institute for Research and Education on Human Rights. The ideas originated in the racist right.

He says the notion was popularized by a man named William Potter Gale, a virulent racist and anti-Semite, as described by Burghart. Gale founded a paramilitary group named Posse Comitatus and went on to help launch the Christian Patriot movement in the 1980s, during a farm crisis in the Midwest.

It was in the midst of this dramatic economic collapse of family farms during the 80s that groups like the Posse stepped in and tried to claim it was the Jews who were behind an international banking conspiracy that were putting farmers out of business, said Burghart.

This history is documented by author Daniel Levitas in his 2002 book The Terrorist Next Door: The Militia Movement and the Radical Right. Posse adherent Gordon Kahl would go on to kill federal marshals before the group began to dissolve.

Since the 80s, Burghart says ideas about county supremacy have evolved and actively spread throughout the country, often through sheriffs in the Pacific Northwest and Southwest.

These ideas keep getting retrenched and brought to the surface when we see efforts to try to bring about change around things like gun rights or property rights or other issues that have an impact in local communities, said Burghart.

In 2009, an Arizona sheriff named Richard Mack, who disavows violence, wrote the book The County Sheriff: Americas Last Hope, in which he coined the phrase constitutional sheriff, an idea embraced by defiant law enforcement leaders including former Arizona sheriff Joe Arpaio.

Mack is founder and president of the Constitutional Sheriffs and Peace Officers Association, and gained prominence in the 1990s. He was a plaintiff in a successful lawsuit resisting requirements that law enforcement perform background checks on gun buyers as originally intended by the Clinton-era Brady Bill. He says hes in touch with some of the sheriffs supporting Second Amendment sanctuaries today.

A lot of those sanctuary cities and counties across the country dont go far enough, said Mack. What do you do if they still come in and try to take law abiding citizens guns? [The sheriffs] need to actually intervene and interpose and not let it happen.

These county supremacy and constitutional sheriff principles are glaringly visible to experts like Burghart in the rhetoric and resolutions coming out of Virginia. But its not clear that this history is common knowledge among the average gun rights supporters whove peacefully raised their voices against proposed gun regulations in Virginia.

Thats a huge problem, said Burghart. Its virtually impossible when you adopt the language and the rhetoric of white supremacy to somehow rhetorically distance yourself from it. You need to not use that language in the first place, and you need to understand where its coming from and what it means to people in your community.

On Wednesday, Virginia Gov. Ralph Northam declared a state of emergency and temporary ban on weapons on the state capitol grounds where the VCDLs rally is set to be held. Less than a day later, Marylands U.S. Attorney General announced that the FBI had arrested three alleged members of a racially motivated violent extremist group who officials say were planning to attend the Virginia rally.

On Friday, three Georgia men authorities suspected of being part of the same group were arrested, though it is unclear whether they planned to travel to the rally.

Before the ban, organizers of the January 20 rally had urged attendees to safeguard the public image of gun rights supporters by not bringing rifles to the event.

If you are asking how you can help with VCDLs mission, carrying long guns at Lobby Day is not helpful it is a distraction. VCDLs important messages inevitably get lost as the press rushes to get pictures of anyone carrying an AR or AK, wrote VCDL President Philip Van Cleave.

However, Van Cleave has also welcomed militia to attend the event in Richmond. Members of militia groups including the Oath Keepers and III% Security Force are expected to attend.

This article will be updated with more reporting from the rally on Monday.

Guns & America is a public media reporting project on the role of guns in American life.

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The Unsavory Roots Of The Second Amendment Sanctuary Movement | 90.1 FM WABE - WABE 90.1 FM