Virginia Attorney General (\u201cAG\u201d) Mark Herring was asked to issue a formal legal opinion regarding Second Amendment Sanctuary Resolutions being adopted by counties, cities, and towns across Virginia. AG Herring\u2019s official advisory opinion (\u201cHerring AO\u201d) was issued on December 20, 2019. In it, AG Herring argues that Second Amendment sanctuary resolutions (i) have \u201cno legal effect,\u201d (ii) local government officials \u201cmust comply with gun violence prevention measures that the General Assembly may enact,\u201d and (iii) \u201cneither local governments nor local constitutional officers have the authority to declare state statutes unconstitutional or decline to follow them on that basis.\u201d Each of these contentions is untrue.<\/p>\n
Based on the Herring AO, and various statements reported in the press, it 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 preexisting 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.<\/p>\n
Moreover, neither Attorney General Herring nor Governor Northam can credibly demand that local governments must implement every Act of the General Assembly, because that view directly contradicts the positions they have taken in the past. Indeed, on three recent occasions, AG Herring and Governor Northam have taken exactly the opposite legal position, with respect to: (i) the defense of the Virginia Marriage Amendment to the Virginia Constitution; (ii) the General Assembly\u2019s refusal to assist the federal government with the arrest and detention of civilians as authorized by the National Defense Appropriations Act of 2012; and (iii) the right of localities in Virginia to become sanctuary cities with respect to the enforcement of federal immigration laws.<\/p>\n
Finally, the assertion that lesser magistrates owe slavish obedience to abusive higher authorities was never the view of the Founding Fathers, particularly those from the Commonwealth of Virginia. Had the English barons embraced this view, there might never have been a confrontation with King John at Runnymede, leading to the protections provided by Magna Carta. Had our nation\u2019s founders embraced this view, Virginia might still be a colony of England. Truly, this view is contrary to the most basic principles which underlay our form of government, is anti-Biblical, and is profoundly abusive of the pre-existing and inalienable rights of the People of Virginia.<\/p><\/blockquote>\n
As mentioned in a previous post, the estimated compliance with New York State’s so called Safe Act, is around 4%, not even qualifying as a dismal failure. I would not be surprised if Maryland’s numbers were similar. Even Second Amendment-less New Zealand is unsure of the success of their Australia-like buy-back program, as no one really knows how many banned firearms there were to start with.<\/p>\n
So the Liberals pass these unconstitutional laws based on appearances with little or no knowledge of how firearms operate, and no plans on how to enforce them. The old adage “Fail to plan, plan to fail” is very appropriate.<\/p>\n
Read the entire document here: GAO Response to VAs’ AG Link<\/a><\/p>\n![\"\"](\"https:\/\/www.azuse.cloud\/wp-content\/uploads\/2019\/12\/ar-girl-300x225.jpg\")
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AW1 Rod sends us the Gun Owners of America’s reply to Virginia’s Attorney General Mark Herring’s … RESPONSE TO VIRGINIA ATTORNEY GENERAL\u2019S ADVISORY OPINION REGARDING SECOND AMENDMENT SANCTUARY RESOLUTIONS<\/span>Read more<\/a><\/p>\n","protected":false},"author":657,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[406,82,397],"tags":[],"class_list":["post-93730","post","type-post","status-publish","format-standard","hentry","category-guest-link","category-gun-grabbing-fascists","category-second-amendment"],"_links":{"self":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/posts\/93730","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/users\/657"}],"replies":[{"embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=93730"}],"version-history":[{"count":1,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/posts\/93730\/revisions"}],"predecessor-version":[{"id":93736,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/posts\/93730\/revisions\/93736"}],"wp:attachment":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=93730"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=93730"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=93730"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
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