Archive for the ‘Second Amendment’ Category

Second Amendment Sanctuary push aims to defy new gun laws – WSET

  1. Second Amendment Sanctuary push aims to defy new gun laws  WSET
  2. Attorney General Mark Herring, in advisory opinion, says Second Amendment resolutions have 'no legal effect'  Roanoke Times
  3. Virginia AG Herring: Second Amendment sanctuary proclamations have no force  The Washington Post
  4. Attorney General: Second Amendment sanctuary resolutions have no legal effect  WTVR CBS 6 News
  5. Second Amendment Sanctuary push aims to defy new gun laws  WITI FOX 6 Milwaukee
  6. View full coverage on Google News

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Second Amendment Sanctuary push aims to defy new gun laws - WSET

List of Second Amendment sanctuaries in Virginia and where its being discussed – WSLS 10

ROANOKE, Va. As more and more counties vote to become Second Amendment sanctuaries, weve compiled a list to help you keep track.

10 News talked with a Constitutional law professor to learn more about what it means to become a Second Amendment sanctuary.

To read the bills related to weapons, including guns, that will be discussed during Virginias 2020 legislative session, click here.

Counties/Cities Adopted:

Accomack County - Adopted on Dec. 18. 2019 (Slightly modified version)

Alleghany County - Adopted on Dec. 3, 2019

Amelia County - Adopted on Dec. 18, 2019

Amherst County - Adopted on Dec. 3, 2019

Appomattox County - Adopted on Nov. 18, 2019

Augusta County - Adopted on Dec. 4, 2019

Bath County - Adopted on Dec. 10, 2019

Bedford County - Adopted on Dec. 9, 2019

Bland County - Adopted on Nov. 26, 2019

Botetourt County - Adopted on Nov. 26, 2019

City of Bristol - Adopted on Dec. 9, 2019 (Slightly modified version)

Brunswick County - Adopted on Dec. 11, 2019 (Confirmed with county administration)

Buchanan County - Adopted on Dec. 2, 2019

Buckingham County - Adopted on Dec. 9, 2019

Campbell County - Adopted on Nov. 7, 2019

Caroline County - Adopted on Dec. 10, 2019

Carroll County - Adopted on May 13, 2019

Charlotte County - Adopted Nov. 13, 2019

City of Chesapeake - Adopted on Dec. 10, 2019

City of Colonial Heights - Adopted on Dec. 10, 2019

City of Covington - Adopted on Dec. 10, 2019

Craig County - Adopted Dec. 5, 2019

Culpeper County - Adopted Dec. 3, 2019

Cumberland County - Adopted on Dec. 10, 2019

Dickenson County - Adopted on Nov. 19, 2019

Dinwiddie County - Adopted on Nov. 20, 2019

Floyd County - Adopted on Dec. 10, 2019

Fluvanna County - Adopted on Dec. 11, 2019

City of Franklin - Adopted on Dec. 9, 2019

Franklin County - Adopted on Dec. 17, 2019

Frederick County - Adopted on Dec. 11, 2019

City of Galax - Adopted on Dec. 9, 2019 (Slightly modified version)

Giles County - Adopted on Nov. 21, 2019

Gloucester County - Adopted on Dec. 3, 2019

Goochland County - Adopted on Dec. 3, 2019

Grayson County - Adopted on Dec. 12, 2019

Greene County - Adopted on Dec. 10, 2019

Greensville County - Adopted on Dec. 3, 2019

Halifax County - Adopted on Dec. 2, 2019

Hanover County - Adopted on Dec. 11, 2019

Henrico County - Adopted on Dec. 10, 2019 (Slightly modified version)

Henry County - Adopted on Nov. 26, 2019

Isle of Wight County - Adopted on Dec. 12, 2019

James City County - Approved resolution to affirm its commitment to the constitutions of the United States and Virginia on Dec. 10, 2019

King and Queen County - Adopted on Dec. 9, 2019 (Confirmed with county government)

King George County - Adopted on Dec. 3, 2019

King William County - Adopted on Nov. 25, 2019

Lancaster County - Adopted on Dec. 12, 2019

Lee County - Adopted on Nov. 19, 2019

Louisa County - Adopted on Dec. 2, 2019

Lunenburg County - Adopted on Dec. 12, 2019 (Confirmed with county administration)

Mathews County - Adopted on Dec. 17, 2019

Madison County - Adopted on Nov. 26, 2019

City of Martinsville - Passed slightly modified resolution on Dec. 10, 2019

Mecklenburg County - Adopted on Dec. 9, 2019

Middlesex County - Adopted on Dec. 3, 2019

Montgomery County - Adopted on Dec. 16, 2019 (Slightly modified version)

Nelson County - Adopted on Dec. 10, 2019

New Kent County - Adopted on Nov. 27, 2019

Northampton County - Passed slightly modified resolution on Dec. 10, 2019

Northumberland County - Adopted on Dec. 12 (Confirmed with county administration)

City of Norton - Adopted on Dec. 3, 2019

Nottoway County - Adopted on Nov. 21, 2019

Orange County - Adopted on Dec. 3, 2019

Page County - Adopted on Dec. 3, 2019

Patrick County - Adopted on Nov. 18, 2019

Pittsylvania County - Adopted on Nov. 19, 2019

City of Poquoson - Adopted on Dec. 9, 2019

Powhatan County - Adopted on Nov. 25, 2019

Prince Edward County - Adopted on Dec. 17, 2019

Prince George County - Adopted on Dec. 10, 2019

Prince William County - Adopted on Dec. 10, 2019 (Expected to be overturned by newly elected Board)

Pulaski County - Approved on Dec. 16, 2019

Rappahannock County - Adopted on Dec. 2, 2019

Richmond County - Adopted on Dec. 12, 2019 (Confirmed with county administration)

Roanoke County - Adopted on Dec. 3, 2019

Rockbridge County - Adopted on Dec. 9, 2019

Rockingham County - Adopted on Dec. 11, 2019

Russell County - Adopted on Dec. 2, 2019

Scott County - Adopted on Dec. 4, 2019

Shenandoah County - Adopted on Dec. 9, 2019

Smyth County - Adopted on Dec. 10, 2019

Southampton County - Adopted on Nov. 25, 2019

Spotsylvania County - Adopted on Dec. 10, 2019

Stafford County - Adopted on Dec. 17, 2019

Surry County - Adopted on Dec. 5, 2019

Sussex County - Adopted Nov. 21, 2019

Tazewell County - Adopted on Dec. 3, 2019

Warren County - Adopted on Dec. 10, 2019 (Confirmed with county administration)

Washington County - Adopted on Nov. 26, 2019

Westmoreland County - Adopted on Dec. 11, 2019 (Confirmed with county administration)

Wise County - Adopted on Dec. 12, 2019

Wythe County - Adopted on Nov. 26, 2019

York County - Adopted on Dec. 17, 2019 (Constitutional County)

Towns Adopted:

Big Stone Gap - Adopted on Dec. 10, 2019 (Confirmed with town office)

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List of Second Amendment sanctuaries in Virginia and where its being discussed - WSLS 10

Attorney General: Second Amendment sanctuary resolutions have no legal effect – WTVR CBS 6 News

RICHMOND, Va. Virginia Attorney General Mark Herring issued an advisory opinion Friday saying that Second Amendment sanctuary resolutions passed by localities across Virginia ahead of possible new gun safety laws passed by the General Assembly will have no legal effect.

With new control of both the state House and Senate, the expectation is lawmakers will pass a number of gun control measures in 2020 for Democratic Governor Ralph Northam to sign.

In response to this expectation, Republican-leaning counties around Virginia havepassed resolutionsdeclaring themselvesto beSecond Amendment sanctuariesand voiced opposition to any future laws that may infringe upon Second Amendment rights.

Last week, Hanover County became the latest Virginia localityto pass a resolution supporting the right to bear arms.

In the advisory opinion, Herring says localities and local constitutional officers cannot nullify state laws and must follow potential gun violence prevention measures passed by the General Assembly.

When the General Assembly passes new gun safety laws they will be enforced, and they will be followed. These resolutions have no legal force, and theyre just part of an effort by the gun lobby to stoke fear, said Herring in a statement.

What were talking about are the kind of commonsense gun safety laws that Virginians voted for just a few weeks ago, like universal background checks to make sure that dangerous people arent buying guns. Too many Virginians have lost their lives to guns and it is well past time that we enact these gun safety measures that will save lives and make our communities safer.

House Majority Leader Todd Gilbert (R-Shenandoah) released a statement Friday afternoon calling Herrings opinion a contradiction of previous statements.

Attorney General Herrings opinion is interesting, as it directly contradicts his own statements and actions regarding the supremacy of state law over the preferences of the officials who must enforce them.

In 2014, Herring declined to defend Virginia law in state court, despite a statutory duty to do so. He told the Richmond Times Dispatch [delegatetoddgilbert.us16.list-manage.com] If I think the laws are adopted and constitutional, (then) I will defend them

His opinion today notes that it has long been the indisputable and clear function of the courts to pass upon the constitutionality of legislative acts. This not only conflicts with his previous statement about his own conduct, but also the position of a number of Democratic Commonwealths Attorneys regarding prosecution of marijuana possession.

Herrings advisory opinion comes after Del. Jay Jones (D 89th) wrote the Attorney General a letter requesting a definitive opinion heading into the 2020 General Assembly session.

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Attorney General: Second Amendment sanctuary resolutions have no legal effect - WTVR CBS 6 News

Gun regulators have admitted to violating the Second Amendment – Washington Examiner

On Dec. 11, Gun Owners of America argued before the 6th Circuit Court of Appeals that the governments recently enacted ban on bump stocks is illegal.

The organization's argument is by no means controversial. The government bureau that made them illegal, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, even admitted in a court filing that it lacks authority under the Gun Control Act and National Firearms Act to issue the rule. In short, it violated the Second Amendment as a way of reaping more power for itself, and that should not be tolerated.

The GOA can and will continue fighting the illicit actions of gun regulators as they arise in court, and they will be penalized; however, this piecemeal approach can only go so far. It is high time for Second Amendment advocates in Congress and the White House to begin taking action to reform the rogue bureau.

After all, this isnt the first time the ATF has disregarded the law. Just two months ago, a judge similarly found the bureau to have been enforcing laws that dont exist against gun owners. The bureau has been pretending that receivers are bound by the same draconian D.C. regulations as entire put-together firearms and have been threatening their manufacturers with prosecution for not going through the full regulatory process.

The methods the bureau has used to generate firearm cases against the American people have always been questionable. In the 1970s and 1980s, Congress studied the issue closely, with a Senate subcommittee report ultimately concluding that it is apparent that ATF enforcement tactics made possible by current federal firearms laws are constitutionally, legally, and practically reprehensible."

Its cousin organization, the Alcohol and Tobacco Tax and Trade Bureau, is no better. The tax bureau used to be a part of the ATF, but in 2002, the Homeland Security Act divided the organization into two. The tax bureaus half is now responsible for tax collection, labeling regulations, and trade oversight, and it remains just as reckless as the ATF.

The tax bureau pointedly refuses to provide clarity to its obscure, complex mandates. As former Treasurer Bay Buchanan pointed out, Ever since its foundation, TTB has seemingly gone out of its way to ensure that firearms and ammo merchants remain out of compliance with the law.

Like the ATF, the tax bureau also has no problem violating the law. For example, it recently proposed Notice No. 176, a rule that it alleges will "eliminate unnecessary regulatory requirements and provide consumers broader purchasing options." Over a dozen conservative organizations have called out the illegality of this proposed rule, which they say will cost hundreds of millions of dollars. In a letter to the administration, they said it violates President Trumps Executive Order 13771, which calls for the elimination of two regulations for every new one proposed, as well as Executive Order 12866 from the Clinton years, which mandates the Office of Management and Budget review any regulatory action that will cost the economy $100 million or more.

Unelected government bureaucrats should not be allowed to continue increasing the size of the regulatory state and infringing on the peoples Second Amendment rights, not when Republicans control the Senate and the White House.

With the ATFs abuses are still being reported in the news and are fresh on the publics mind, now is the time for the Senate to begin holding hearings and getting to the bottom of the exploitation.

The Senate Judiciary Committee should call in ATF head Regina Lombardo to discuss the bureau's legal violations and what steps, if any, are being taken to correct them.

Meanwhile, Louisiana Sen. John Kennedys Senate appropriations subcommittee should call the tax bureaus leaders, Mary J. Ryan and Daniel Riordan, in to see if they accept the deregulatory and transparency orders currently on the books and what action, if any, they are taking to ensure compliance.

If the ATF or the tax bureau's leaders refuse to come before Congress or give lackluster answers to congressional questioning, the Trump administration can and should replace both. As luck would have it, Lombardo, Ryan, and Riordan are only serving in acting roles, so the White House has every right to replace them with permanent leadership officials at any time. In the case of the tax bureau, this would not even require Senate confirmation.

Gun Owners of America will continue to monitor the behavior of both bureaus and fight their illegal activity in court, but substantive change will never occur if we do not receive a helping hand from our friends in Congress and the White House.

Michael Hammond is legislative counsel for Gun Owners of America, a gun rights organization representing more than two million gun owners.

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Gun regulators have admitted to violating the Second Amendment - Washington Examiner

Teresa Mull (Point): Second Amendment sanctuaries reflect the will of people who value the Constitution – NNY360

As leftist politicians continue to threaten the constitutional rights of law-abiding Americans, citizens are standing up for themselves.

Dozens of counties in California, Colorado, Illinois, Rhode Island, Texas and elsewhere have voted to become Second Amendment Sanctuaries, declaring that sheriffs in those counties will not enforce gun-control legislation that violates the Constitution.

In New Mexico, 29 of the states 33 county sheriffs signed a resolution earlier this year opposing sweeping gun-control bills proposed in the state legislature. Most recently, Virginia made headlines as more than 40 counties joined the Second Amendment Sanctuary movement that is sweeping the nation.

A February NPR article noted that professional discretion is a constant feature of policing, as law enforcement officers do not have the time nor the resources to enforce every single law every time one is broken. It is customary for police to decide which laws are a priority and whether pursuing lawbreakers to the full extent of the law is worthwhile. In the case of extreme gun laws, sheriffs have expressed several concerns: the laws are ineffective and unenforceable, they put police officers at increased risk, and they infringe on the Second Amendment rights enshrined by the Constitution.

(Senate Bill 8, a background check bill) does nothing to protect citizens and is unenforceable, the New Mexico Sheriffs Association wrote in a letter earlier this year. We also oppose House Bill 83 (a red flag gun-confiscation law), as it violates due process and puts law enforcement in a more dangerous situation and does nothing to protect citizens. This bill could disarm the very people trying to defend their lives and personal property.

There is concern that the sanctuaries undermine the will of the people (though such concern was notably not expressed when counties declared themselves sanctuaries for illegal immigrants); however, sheriffs are elected officials. Sheriff Bob Songer of Klickitat County, who has vowed not to enforce Washington states Initiative 1639 a package of gun-control laws told NPR, As an elected sheriff and a constitutional sheriff, I believe it violates the Second Amendment of the U.S. Constitution, and, more specifically, violates the Washington state Constitution.

In an interview with Reuters, Songer expressed the attitude prevailing among Second Amendment sanctuary sheriffs: Unfortunately for the governor and the attorney general, theyre not my boss, Songer said. My only boss is the people that elected me to office.

These sanctuary resolutions are the last resort for voters in rural areas whose lifestyles and views are not represented by urban voters and lawmakers. As Reuters reports, the sanctuary movement is exposing the rift between rural and urban America as much as the one between the Republican and Democratic parties, as small, conservative counties push back against statewide edicts passed by big-city politicians.

Zach Fort, president of the New Mexico Sport Shooting Association, told Gunpowder Magazine (of which, full disclosure, I am the editor), Theres a lot of pessimism shared by those who want to protect their gun rights right now. A lot of people think theyre being railroaded and not being listened to.

New Mexico Sheriffs Association President Tony Mace expressed a similar frustration, When this legislation is drafted every session, we are not invited to the table, he told Gunpowder Magazine. Our voices are falling on deaf ears. Theyre not giving our point of view any attention at all. If theyre not going to listen to us, then we are going to use their tactics against them. I, like the other sheriffs, was elected to protect our citizens constitutional rights. And thats exactly what we plan to do.

In sum, Second Amendment sanctuaries are sheriff-led movements. Sheriffs are elected by the people of the counties they oversee, and if the people agree with sheriffs that the Constitution remains the supreme law of the land, then Second Amendment Sanctuaries are the supreme fulfillment of the rights and freedoms the Constitution protects.

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Teresa Mull (Point): Second Amendment sanctuaries reflect the will of people who value the Constitution - NNY360