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Gun Grab Pre-Tribulation’s…
Virginia AG Says 2A Sanctuaries “Have No Legal Force.” But Is That Actually True?
The Attorney General of Virginia stepped into the fray yesterday with an opinion on the validity of Second Amendment Sanctuaries that have sprung up across the state in response to draconian gun control legislation. He said that the Second Amendment Sanctuary resolutions have no legal force and that municipalities will have no choice but to enforce the unconstitutional laws, should the bill be turned into law in January.
But is this actually true? Or is it just a statement meant to discourage dissent? Digging into this, it seems that it’s certainly not as cut and dried as the AG would have us all believe.
Sturgeon Vows Legal Independence Referendum for Scotland
This article will be filled with lots of quotes from pertinent legal documents. I’m not an attorney so I’m just laying out my findings. The emphasis throughout is mine.
You can draw your own conclusions.
The Official Statement
Let’s start out with what AG Mark Herring had to say.
The Virginia Constitution, the Code of Virginia, and established common law doctrines all bear on these questions.
First, the Constitution of Virginia provides that all local authority is subject to the control of the General Assembly. For example, Article V Il, Section 2 of the Constitution provides that “[t]he General Assembly shall provide by general law for the . powers . of counties, cities, towns, and regional governments.”
Second, the Code of Virginia establishes the supremacy of state law over local ordinances and policies. Section 1-248 provides:
The Constitution and laws of the United States and of the Commonwealth shall be supreme. Any ordinance, resolution, bylaw, rule, regulation, or order of any governing body or any corporation, board, or number of persons shall not be inconsistent with the Constitution and laws of the United States or of the Commonwealth.[)
As the Virginia Supreme Court has explained, because local authority is subordinate to state law, “local ordinances must conform to and not be in conflict with the public policy of the State as embodied in its statutes.
Third, established common law doctrines specifically limit the authority of local governments. Virginia follows the Dillon Rule, which provides that local governments may exercise “only those powers expressly granted by the General Assembly, those necessarily or fairly implied therefrom, and those that are essential and indispensable. The Dillon Rule is one of strict construction: “[I]f there is a reasonable doubt whether legislative power exists, the doubt must be resolved against the local governing body. Thus, when a Virginia locality seeks to take any action, the Dillon Rule applies “to determine in the first instance, from express words or by implication, whether a power exists at all. If a locality cannot identify a reasonably specific source of delegated authority, “the inquiry is at an end” and the act in question is unauthorized.
These constitutional, statutory, and common law doctrines establish that these resolutions neither have the force of law nor authorize localities or local constitutional officials to refuse to follow or decline to enforce gun violence prevention measures enacted by the General Assembly.
l . By their own terms, these resolutions have no legal effect. Although the resolutions typically contain several “Whereas” clauses, the “be it resolved” clauses generally do not purport to take any concrete action. 15 Instead, the operative clauses: (a) “express” the “intent” of the locality’s Board of Supervisors “to uphold the Second Amendment rights of [the county’s] citizens,” (b) “express” the Board’s “intent that public funds of the [clounty not be used to restrict the Second Amendment rights of the [county’s] citizens,” and (c) “declare” the Board’s “intent to oppose” any “infringement” or “restrictions” of their residents’ Second Amendment rights using “such legal means [as] may be expedient, including without limitation, court action. These general statements do not direct or require any specific result, and any suggestion of potential future action is entirely speculative.
It also bears emphasis that neither local governments nor local constitutional officers have the authority to declare state statutes unconstitutional or decline to follow them on that basis. “All actions of the General Assembly are presumed to be constitutional. Furthermore, it has long “been the indisputable and clear function of the courts, federal and state, to pass upon the constitutionality of legislative acts. It follows from these well-established principles that all localities and local constitutional officers are required to comply with all laws enacted by the General Assembly unless and until those laws are repealed by the legislature or invalidated by the judiciary.
Nor may localities or local constitutional officers decline to enforce laws enacted by the General Assembly on the theory that requiring them to do so would “commandeer” local resources. Although the United States Supreme Court has held that “the Federal Government may not compel the States to implement . . . federal regulatory programs, that doctrine derives from the specific limitations on Congress’s legislative powers and the “residuary and inviolable sovereignty” retained by the states in our federal system. 25 In contrast, “the Constitution of Virginia is not a grant of legislative power to the General Assembly,„ 26 and, unlike Congress, [tlhe authority of the General Assembly shall extend to all subjects of legislation” not specifically “forbidden or restricted” by the State Constitution. 27 And neither the Federal Constitution nor Virginia law recognizes any “anti-commandeering” principle that allows localities or local constitutional officers to refuse to participate in the enforcement of state law.28
It is my opinion that these resolutions have no legal effect. It is my further opinion that localities and local constitutional officers cannot nullify state laws and must comply with gun violence prevention measures that the General Assembly may enact. (source)
You can read Herring’s entire opinion and get the citations here.
What is the Dillon Rule?
This is a rule of government embraced by 39 states.
Dillon’s Rule is derived from written decision by Judge John F. Dillon of Iowa in 1868. It is a cornerstone of American municipal law. It maintains that a political subdivision of a state is connected to the state as a child is connected to a parent. Dillon’s Rule is used in interpreting state law when there is a question of whether or not a local government has a certain power. Dillon’s Rule narrowly defines the power of local governments.
The first part of Dillon’s Rule states that local governments have only three types of powers:
-those granted in express words,
-those necessarily or fairly implied in or incident to the powers expressly granted, and
-those essential to the declared objects and purposes of the corporation, not simply convenient, but indispensable.
The second part of Dillon’s Rule states that if there is any reasonable doubt whether a power has been conferred on a local government, then the power has NOT been conferred. This is the rule of strict construction of local government powers. (source)
Virginia set a precedent with Dillon’s Rule back in 1896 and is considered one of the strictest states for the rule. It has been applied consistently ever since, taking power from local governments and centralizing it at a state level.
It’s important to note that Dillon’s Rule is no more a law than Second Amendment Sanctuary resolutions. It’s a philosophy, albeit one that has consistently been applied in the Virginia Supreme Court for 125 years.
The Dillon Rule was adopted by the Virginia Supreme Court 120 years after Virginia declared its independence and created its first constitution. The rule is not a law passed by the General Assembly, and it was not based on a specific section in the 1869 state constitution that was in effect when the court ruled on the Winchester arson reward lawsuit.
The Virginia Supreme Court did not violate the separation of powers and somehow create a new law when adopting the Dillon Rule. Instead, when the court cited the Iowa justice’s rulings, it created the legal framework for interpreting the legality of many laws passed by state and local governments.
The framework has empowered the General Assembly and limited the authority of local governments. Judge Dillon’s legal philosophy was based on the assumption that local government was less competent and more corrupt than state government. However, that ignores the professionalization of local government since 1896. (source)
Dillon’s Rule can be federally preempted, too.
The American University Law Review published a paper regarding the Dillon Law in regard to sanctuary states and cities that were acting in defiance of federal immigration laws.
The issue of federal preemption of state law is a complex and prevalent topic in the immigration debate today,and the issue is relevant to Dillon’s Rule because it could be argued that preempts the outcome of a Dillon analysis in this context.
Furthermore, the issue of preemption is particularly tricky here because Dillon’s Rule deals with what the law does not say, rather than an express provision of state law in conflict with federal law. Under preemption principles, where state and federal law conflict, federal law governs. However, where there is no conflict, state law applies. (source)
The question here is whether federal law would conflict with state law enough to preempt Dillon’s rule.
Does the Dillon Rule override the power of County Sheriffs?
County sheriffs are often considered the last against unconstitutional legislation, with the authority to defy even federal law.
Historically, some sheriffs have not only enforced the laws; they have also decided which laws not to enforce. They view this as protecting the people from the intrusions of the federal government.
The “constitutional sheriff” movement is comprised of current and former members of law enforcement who believe that sheriffs are the ultimate authority in their jurisdiction—even above federal law enforcement…
…While it may seem like a fringe movement, it is prevalent enough to be taken seriously. In 2013, 500 sheriffs agreed not to enforce any gun laws created by the federal government. In Utah, almost all elected sheriffs signed an agreement to protect the Bill of Rights—and fight any federal officials who tried to limit them. [Robert Tsai / Politico] (source)
In 2013, Sheriff John D’Agostini of El Dorado County, California, famously kicked a federal agency out of his county.
“The U.S. Forest Service, after many attempts and given many opportunities, has failed to meet that standard.”
The sheriff has sent a letter to the US Forestry Service stating officers will no longer be able to enforce state law in his county.
“The U.S. Forest Service, after many attempts and given many opportunities, has failed to meet that standard.”
CBS 13 in Sacramento contacted a law professor to ask him if the sheriff’s actions are legal.
“Looks to me as though the sheriff can do this,” he said. “They don’t have state powers in the first place, but essentially the sheriff can deputize individuals to have authority in his or her jurisdiction.”
Fact: federal agencies do not have state powers. Due to the Constitution’s structure of dual sovereignty, the feds have no authority to enforce state laws. Furthermore, states cannot be compelled to enforce federal laws. (source)
So does that mean that Dillon’s Rule does or does not apply to county sheriffs? It’s complicated.
This Comment argues that Dillon’s Rule, a doctrine which limits the authority of cities, towns, and other localities to act unilaterally without authorization from the state legislature, creates a barrier to the enforcement of the 287(g) agreements currently in place between sheriffs’ offices and the federal government. Specifically, Dillon’s Rule precludes sheriffs from entering 287(g) agreements without authorization from the state legislature, rendering these agreements invalid in most cases. Accordingly, when an individual is detained or otherwise deprived of liberty or due process under an invalid 287(g) agreement, constitutional protections should apply. (source)
Wouldn’t depriving gun owners of their Second Amendment rights fall under the category of something constitutionally protected?
AG Herring’s statement contradicts a 2014 opinion.
Attorney General Herring’s current opinion seems politically biased since he has previously rendered more than one opinion at odds with this statement. House Majority Leader C. Todd Gilbert (R) said:
“Attorney General Herring’s 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,” Gilbert states in a news release. “In 2014, Herring declined to defend Virginia law in state court, despite a statutory duty to do so.”
Gilbert adds that Herring told the Richmond Times-Dispatch: “…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,’” Gilbert states. “This not only conflicts with his previous statement about his own conduct, but also the position of a number of Democratic commonwealth’s attorneys regarding (the) prosecution of marijuana possession.
“I look forward to the Attorney General following up with the Commonwealth’s Attorneys and Commonwealth’s Attorneys-elect in Arlington, Fairfax, Loudoun, Portsmouth, and Norfolk about the supremacy of state law over the policy preferences of local elected officials,” Gilbert adds. (source)
Gilbert also provided another example of inconsistency.
Todd Gilbert, R-Shenandoah, the current majority leader in the House of Delegates who will serve as minority leader in the next legislative session, issued a statement Friday afternoon drawing attention to what he sees as a contradiction between the sanctuaries opinion and Herring’s previous decision to not defend Virginia’s ban on same-sex marriages when Herring concluded the prohibition was unconstitutional, despite what Gilbert argues was a statutory requirement to do so. (source)
That certainly does seem inconsistent with a “rule of strict construction.”
Virginians are unlikely to back down over the AG’s opinion.
Virginians are outraged at the prospective new laws and many gun owners are openly defiant. Counties, cities, and municipalities across the state are decrying the unconstitutional new laws and they are getting organized.
When gun owners were threatened with the National Guard to enforce compliance, it only seemed to accelerate the Second Amendment Sanctuary movement. One county officially established a militia and more sure to follow, either officially or unofficially.
This is a battle of wills that’s being watched closely around the country. Where Virginia goes, the nation will follow, whether that’s compliance or outright refusal.
Gun control advocates may have chosen the wrong state as a testing ground. The state government seems to have underestimated the unflinching resolve of rural residents. So far, despite the state government’s threats and posturing, Virginians seem unbowed and gun owners across the nation are supporting them.
Thousands sign the petition to impeach WA Governor, Atty. General over gun control
U.S.A. –-(Ammoland.com)- Only days after Ammoland News reported new gun control proposals in Washington State, tens of thousands of residents have signed an on-line petition calling for the impeachment of Democrat Gov. Jay Inslee and Attorney General Bob Ferguson, both proponents of strict gun control, in the latest chapter of what appears to be a conservative insurrection.
(Article by Dave Workman republished from AmmoLand.com)
“We the people of Washington State are calling for the impeachment of Attorney General Bob Ferguson and Governor Jay Inslee for not upholding the Oath of Office and protecting our State and Federal Constitution.
“Our Second Amendment has been under constant attack from these two elected officials and now they want to tell us what kind of weapons we can or can’t have and how many rounds we can hold in a magazine! Enough is enough it’s time for action before it’s to (sic) late.
“It’s time we take a stand against our Government and give it back to the people of our great state.”
The petition, which has no force of law, was launched Thursday, Dec. 12 and by the following Monday morning, had garnered more than 65,500 signatures, with more pouring in by the minute.
While Thornhill’s campaign can’t remove Inslee or Ferguson from office, it signals the growing frustration of Evergreen State gun owners, and beleaguered taxpayers angry over a separate issue involving $30 car license plate tabs and other taxes. This tax measure was passed overwhelmingly in all but a handful of counties.
Separately, the campaign to qualify Initiative 1094, which would repeal gun control Initiative 1639—passed in 2018—continued its momentum over the weekend with volunteer signature gatherers busy at several venues across Washington State, gathering thousands of signatures. Backers of that measure need at least 300,000 valid signatures by Christmas in order to qualify for presentation to the State Legislature next month.
Inslee and Ferguson have supported gun control measures in the past. Last year, in the early days of the I-1639 campaign, Ferguson endorsed the measure, which denies young adults the right to purchase semi-automatic rifles of any kind, requires registration and proof of training, a background check and invented a crime called “community endangerment.” It also created a definition of a “semiautomatic assault rifle,” which Spokane County Sheriff Ozzie Knezovich declared earlier this year is a firearm that does not really exist.
Ferguson and Inslee last week announced their newest gun control proposals, which include a ban on the sale of so-called “assault weapons,” essentially affirming a Knezovich prediction.
Last winter, when fury over the passage of I-1639 was just beginning to build, Knezovich told reporters the only reason to create a definition that is now included in the statute was to make it possible to try banning such guns at some future date. It appears Washington gun owners didn’t have to wait long for that shoe to start dropping.
Ferguson and Inslee will also back bills to limit magazine capacity and require background checks for ammunition sales.
With Democrats in full control of the legislature and governor’s office, chances are good the legislation will pass, and even if it doesn’t, the Seattle-based Alliance for Gun Responsibility—a billionaire-backed gun prohibition lobbying group—could launch another initiative calling for such a ban.
The Alliance has backed a trio of gun control measures since 2014. Two of them, I-1639 and the earlier I-594, are blamed by many gun owners for the decline of monthly gun shows conducted by the Washington Arms Collectors and others around the state. Over the weekend, signature gatherers were busy at the WAC gun show, held at the Puyallup Fairgrounds.
Grassroots Second Amendment activists are planning lobbying and protest activities at the Capitol in Olympia Jan. 15-17. The event is being called “Patriots Occupy the Capital 2020.”
Washington is one of two states where gun owners have taken the offense against anti-rights politicians. In Virginia, scores of counties have declared themselves “Second Amendment Sanctuaries” in reaction to threats from the incoming Democrat majority in the legislature to press several new gun control proposals with anti-gun Gov. Ralph Northam eager to sign them.
One Virginia Democrat Congressman last week even suggested that Northam could call up the National Guard to enforce any gun control laws passed in Richmond next year. It only infuriated gun owners that much more, with the Citizens Committee for the Right to Keep and Bear Arms ripping Democrats for demagoguery.
People’s hearts are troubled, their minds are in a state of confusion, the Bible tells us a time of great delusion that will come upon the people, that time has arrived, the politicians must come up with more significant and more believable lies in order to bring on the antichrist, we have entered the doorstep Tribulation.
“Unless God has raised you up for this very thing, you will be worn out by the opposition of man and devils”…
God knows that evil is not combated with love and understanding.
King David Had This Down:
The misfits. The rebels. The troublemakers, The Cowboys. The round pegs in the square holes misfits. The ones who see things totally differently. They’re not comfortable with the rules. And they have no respect for the status quo Pharisees “hypocrites”. You can quote them, disagree with them, glorify or vilify them. About the only thing you can’t do–is ignore them”. Because they change things. They push GOD’s human race forward and that bothers the politicians and otherworldly liars. And while some may see them as the crazy ones, I see a genius. Because the people who are crazy enough to think they can change the world, are the ones who do. SRH….
The best index to a person’s character is how he treats people who can’t do him any good, and how he treats people who can’t fight back…
The Birth Pains Are Growing Stronger….
“Don’t piss down my back and tell me it’s raining.” Outlaw Josey Wales
“Man will ultimately be governed by God or by tyrants.” as in Nancy Pelosi (D-San Fran-feces)
My name is Steve Meyers and I need to share a vision and warning that the Lord showed me back in April 2007….
Many of you will ask why I waited so long to share the warning. I didn’t. I shared the story with everyone that would listen from pastors to friends to family to colleagues. Immediately following the initial vision, I called a close friend. I told him to sit down that I had something to tell him. I needed it documented as I knew this was supernatural and from God. As I witness events unfolding today, I need to share the vision again.
The risk of loss in trading futures and options on futures can be substantial. The author does not guarantee the accuracy of the above information, although it is believed that the sources are reliable and the information accurate. The author assumes no liability or responsibility for direct or indirect, special, consequential or incidental damages or for any other damages relating or arising out of any action taken as a result of any information or advice contained in this commentary. The author disclaims any express or implied liability or responsibility for any action taken, which is solely at the liability and responsibility of the user. Steve Meyers, StevieRay Hansen
The Un-Godly — Those That Suppress the Truth, the social media giants built multi-billion dollar empires by giving everyone a voice, but now that they have such a dominant position on the Internet they have decided that many prominent conservative voices should be completely silenced.
Our government has been overthrown. As evidenced by Trump’s capitulation on the border, his recent servitude to the GMO industry and his acquiescence to the warmongers, our President has been compromised. Our liberties are being eliminated one by one. Gun confiscation is next. The Constitution is gasping its last breaths. Our borders are destroyed and our culture has been turned upside down by every perversion known to man.
It’s interesting when you connect the dots, the masses are opposed to God’s blueprint and therefore will bring destruction upon the earth intentionally. Me, I, mine, narcissists generation will bring total destruction upon God’s people, only the chosen will survive, we live in evil times, dress appropriately, put on the full armor of God!….
Force is now the only rule remaining in deep state-controlled America. Everything else has collapsed. There is no free speech, no fair trial, no system of justice, no reasonable expectation of human rights anywhere, no fair elections, no honest news, no honest Wall Street operations, no real public education, no clean food, and threats from the elitist, the power structure that is hell-bent on bringing the New World order into the reality of the sleeping masses, get woke or get yoked, the choice still lives in the people’s hands. Next, the AntiChrist will appear with many empty promises, peace, and security, in reality, it’s the yoking of mankind, We are on the Doorstep of the Great Tribulations…
The prophet does not confuse truth with consensus. The prophet does not confuse God’s word with the word of those who happen to hold power at present, or with the opinion of the majority. This is because powerholders and the majority can fall victim to a lying spirit-and this means a power that actually seizes the majority of experts, the political leadership, and the public.
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‘PORTA DOS FONDOS’ (TRANSLATES TO “BACK DOOR”) HYPER-REPROBATES…
Thanks to people like Pastor Steven Anderson and the choir of preachers he has assembled within the New Independent Fundamentalist Baptist movement there has been a resurgence in what is called the Reprobate Doctrine. A Biblical doctrine that demonstrates in scripture, that God will turn people over to their vile lifestyles as a curse, blinding them to salvation in Jesus, giving them over to a devil’s hell for eternity. A doctrine that I believe is completely Biblical and defined by the Apostle Paul in Romans 1 is unmistakably visceral language.
Let Me Make This Abundantly Clear. (I Am Apolitical) While I Have a General Distaste for Electric Cars and Politicians No Matter the Party They Belong To, I Am Unashamedly Politically a Bible Believing Conservative Christian. I Have a Severe Distrust of Government. I Believe It Is the Most Inefficient and Ineffective Way to Accomplish Most Things. While I Strongly Disagree with Liberals/Progressives and Conservative on Most Political Issues, and While I Believe Liberals/Progressives and Most Politicians Are Terribly Misguided and Naive About What Big Government Will Eventually Result In, I Strive to Not Question Their Motives. at the Same Time, While I Find Myself in Agreement with Conservative Politicians on Some Issues, I Do Not Believe Electing Republicans Is the Answer to Everything. for Me, Very Sadly, the Main Difference Between Republicans and Democrats Is How Quickly They Want to Drive the Car Towards the Cliff. Simply Put, I Do Not Believe the Government Is the Solution for Everything. I Do Not Place Any Faith, Trust, or Hope in Any Politicians to Fix What Is Wrong with the World. “Come Lord Jesus!” (Revelation 22:20) The prophet does not confuse truth with consensus. The prophet does not confuse God’s word with the word of those who happen to hold power at present, or with the opinion of the majority. This is because powerholders and the majority can fall victim to a lying spirit-and this means a power that actually seizes the majority of experts, the political leadership, and the public.StevieRay Hansen
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