Radio Free Virginia

Second Amendment Sanctuary County Movement – Radio Free Virginia – 19-2

December 14, 2019

Audio: Sheriff of Bedford
In Today’s episode you are going to learn about the 2nd Amendment Sanctuary County movement. What they are. Where they are. How many we have now. Who is leading the movement. What the resolutions look like. And are they and will they work. This is important stuff and you should care because the right to self defense, the right to fight tyranny, and the DUTY that all Virginia Patriots have to fight it.
What are they
A 2nd Amendment Sanctuary County is one that has passed a resolution or ordinance in some way declaring county support for the 2A and Opposition to the tyranny of Richmond. They fall all over the spectrum from weak to strong and getting stronger.  Some have fancy words that say they will support he 2A. Others restrict the use of county funds to be used to enforce these new laws the communists are proposing. Some are calling up the Militia. And several sheriffs have said they will not enforce these laws or will deputize citizens in the county to avoid them.
2A Sanctuary Counties
NOVEMBER 27, 2019 1:45 PM
The head of the group pushing Virginia counties to refuse to enforce unconstitutional gun laws, declaring themselves “Second Amendment sanctuaries,” told the Washington Free Beacon he has seen an unprecedented groundswell of support that he expects to only grow.
When Virginia Citizens Defense League (VCDL) president Philip Van Cleave spoke with the Free Beacon on Tuesday afternoon, 15 of Virginia’s 95 counties had passed sanctuary resolutions; five more joined that night.
“I’ve never seen anything like this, and I’ve been doing this for over 20 years,” he told the Free Beacon. “It’s a sleeping giant that had been pretty much not paying attention to politics, and now they’re awake, and now they’re flooding these sanctuary county hearings. Flooding them.”
PVC said even if every county in the state adopted the sanctuary policy, it would remain important to block potential gun-control laws from passing through the state legislature. VCDL now plans to focus on activating its members who live in Democratic districts with the intention of trying to persuade Democratic lawmakers whom VCDL had not relied on when Republicans controlled the legislature.
“We have to make sure these bills don’t make it into law,” he said.
Who is leading this movement?
The VIrginia Citizens Defense League is leading this movement. www.VCDL.org
How many are we up to now? from www.VCDL.org on the home page half way down.
Since November 6, 2019
      • Alleghany
      • Amherst
      • Appomattox
      • Augusta
      • Bath
      • Bedford
      • Big Stone Gap
      • Bland
      • Bluefield
      • Botetourt
      • Bristol
      • Brunswick
      • Buchanan
      • Buckingham
      • Campbell
      • Caroline
      • Carroll
      • Charlotte
      • Chesapeake
      • Colonial Heights
      • Craig
      • Crewe
      • Culpeper County
      • Cumberland
      • Dickenson
      • Dinwiddie
      • Town of Exmore
      • Floyd
      • Fluvanna County
      • Franklin (City)
      • Frederick
      • Galax
      • Giles
      • Gloucester
      • Goochland
      • Grayson
      • Greene
      • Greensville
      • Town of Grottoes
      • Halifax
      • Hanover
      • Henrico
      • Henry
      • Isle of Wight
      • James City
      • King and Queen
      • King George
      • King William
      • Lancaster
      • Lee
      • Louisa
      • Lunenburg
      • Madison
      • Martinsville
      • Mecklenburg County
      • Middlesex
      • Mineral
      • Nelson
      • New Kent
      • Northampton
      • Northumberland
      • Norton
      • Nottoway
      • Orange
      • Page
      • Patrick
      • Pittsylvania
      • Poquoson
      • Powhatan
      • Prince George
      • Prince William
      • Rappahannock
      • Richmond County
      • Roanoke County
      • Rockbridge
      • Rockingham
      • Rocky Mount
      • Rural Retreat
      • Russell
      • Scott
      • Shenandoah
      • Smyth
      • Southampton
      • Spotsylvania
      • Strasburg
      • Surry
      • Sussex
      • Tazewell County
      • Warren
      • Washington
      • Westmoreland
      • Wise
      • Wythe
Yevett Bronx: Orange County VA I think:
Jim McKelvey: Bedford VA
What Flavors of Resolutions?
www.vcdl.org
RESOLUTION OF <COUNTY> COUNTY BOARD OF SUPERVISORS
WHEREAS, the Second Amendment of the United States Constitution reads “A well regulated Militia, being necessary to the security of a free state, the right of the people to keep and bear Arms, shall not be infringed.” and
WHEREAS, the United States Supreme Court in District of Columbia v. Heller, 554 U.S. 570 (2008), affirmed an individual’s right to possess firearms, unconnected with service in a militia, for traditionally lawful purposes, such as self-defense within the home, and
WHEREAS, the United States Supreme Court in McDonald v. Chicago, 561 U.S. 742 (2010), affirmed that the right of an individual to “keep and bear arms,” as protected under the Second Amendment, is incorporated by the Due Process Clause of the Fourteenth Amendment against the states, and
WHEREAS, the United States Supreme Court in United States v. Miller, 307 U.S. 174 (1939), opined that firearms that are part of ordinary military equipment, or with use that could contribute to the common defense are protected by the Second Amendment, and
WHEREAS, Article I, Section 13, of the constitution of Virginia provides “that a well regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defense of a free state, therefore, the right of the people to keep and bear arms shall not be infringed,” and
WHEREAS, Article I, section 1, of the constitution of Virginia reads “That all men are by nature equally free and independent and have certain inherent rights, of which, when they enter into the state of society, they cannot, by any compact, deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety, and
WHEREAS, Article I, section 2 of the constitution of Virginia reads “that all power is vested in, and consequently derived from, the people, that magistrates are their trustees and servants, and at all times amenable to them.”, and
WHEREAS, certain legislation that has or may be introduced in the Virginia General Assembly, and certain legislation which has or may be introduced in the United States Congress could have the effect of infringing on the rights of law abiding citizens to keep and bear arms, as guaranteed by the Second Amendment to the United States Constitution and Article I, Section 13 of the Constitution of Virginia, and
WHEREAS, the <COUNTY> County Board of Supervisors is concerned about the passage of any bill containing language which could be interpreted as infringing the rights of the citizens of <COUNTY> County to keep and bear arms, and
WHEREAS, the <COUNTY> County Board of Supervisors wishes to express its deep commitment to the rights of all citizens of <COUNTY> County to keep and bear arms, and
WHEREAS, the <COUNTY> County Board of Supervisors wishes to express opposition to any law that would unconstitutionally restrict the rights of the citizens of <COUNTY> County to keep and bear arms, and
WHEREAS, the <COUNTY> County Board of Supervisors wishes to express its intent to stand as a Sanctuary County for Second Amendment rights and to oppose, within the limits of the Constitution of the United States and the Commonwealth of Virginia, any efforts to unconstitutionally restrict such rights, and to use such legal means at its disposal to protect the rights of the citizens of <COUNTY> County to keep and bear arms, including through legal action, the power to appropriate public funds, the right to petition for redress of grievances, and the power to direct the law enforcement and employees of <COUNTY> County to not enforce any unconstitutional law.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of <COUNTY> County Virginia:
That the <COUNTY> Board of Supervisors hereby declares <COUNTY> County, Virginia, as a “Second Amendment Sanctuary”, and
That the <COUNTY> Board of Supervisors hereby expresses its intent to uphold the Second Amendment rights of the citizens of <COUNTY> County, Virginia, and
That the <COUNTY> Board of Supervisors hereby expresses its intent that public funds of the county not be used to restrict the Second Amendment rights of the citizens of <COUNTY> County, or to aid federal or state agencies in the restriction of said rights, and
That the <COUNTY> Board of Supervisors hereby declares its intent to oppose any infringement on the right of law-abiding citizens to keep and bear arms using such legal means as may be expedient, including, without limitation, court action.
The undersigned clerk of the Board of Supervisors of the County of <COUNTY>, hereby certifies that the resolution set forth above was adopted during an open meeting on <DATE>, 2019, by the Board of Supervisors with the following votes:
Carl Eborn – Audio – Bedford VA
WHEREAS, recent “gun control” legislation proposed by the Governor and General Assembly is a direct assault on the right of free and law abiding citizens to keep and bear arms, which is a right explicitly recognized in the constitutions of the United States and of the Commonwealth of Virginia; and,
WHEREAS, these proposals would ban entire classes of firearms which are particularly useful for purposes of self-defense and service by the militia of the United States and the Commonwealth of Virginia; and would force tens of thousands of Virginians to choose between abandoning their rights under the “Laws of Nature and Nature’s God,” or becoming criminals in the eyes of the state; and
WHEREAS, ample studies and the light of human experience shows that laws to deprive the People of arms – “gun control” – do not improve public safety, but only disarm and disadvantage the peaceably-minded citizens, who are a threat to no one, except criminals and tyrants; and
WHEREAS, beyond a baseless appeal to “public safety,” the only other reason for depriving the People of arms effective for self-defense is so that immoral laws might be forcibly imposed without effective resistance of last resort; and therefore, those seeking to disarm free citizens must be considered either fools, or tyrants, with designs of imposing absolute despotism upon the citizens of this Commonwealth; and
WHEREAS, the Declaration of Independence clearly states that government exists to secure the rights endowed upon the people by the Laws of Nature and Nature’s God; and further states that “whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it,” and
WHEREAS, if the people have the right and the duty to abolish a tyrannical government, by force of arms, as a last resort; then they certainly have the right to peacefully resist an unjust law; and likewise, a local government, that closest body of representatives to the people, has a right and duty to defend the rights of the people it represents from tyrannical, unjust, and unconstitutional “law;” and
WHEREAS, just as governments should not be overthrown for “light and transient causes,” the power and authority of the lesser magistrate to interpose between the people and the tyrannical designs of a higher magistrate should only be invoked in the most extreme cases, such as a direct assault on the means necessary to securing the constitutionally protected Natural Right of self-defense; and
WHEREAS, when the federal or state government behaves tyrannically; attempts to impose its unconstitutional will on the People of this Commonwealth; and disturbs the public peace by openly manifesting an intent to deprive the citizens of their God-given and natural rights of communal defense and defense of self, by outlawing effective arms for these purposes; thereby risking civil disobedience, civil disturbance, and even armed conflict, threatening the liberty and lives of its citizens, it is the right and duty of lesser magistrates, including the COUNTY NAME Board of Supervisors, to interpose between such tyranny and the People to whom they are accountable; and it is the right and duty of free citizens, including their local governments and constitutional officers, to resist obviously illegal and unconstitutional acts of other branches of government.
WHEREAS, the Board of Supervisors of COUNTY NAME, Virginia invokes the right, duty, and inherent power of the lesser magistrate to protect the rights of the People by declaring COUNTY NAME a “Second Amendment Sanctuary,” and providing new safeguards for their future security; and
WHEREAS, the Board of Supervisors recognizes the existence of the “militia” as set forth in Article 1 Section 13 of the Virginia Constitution and the Second Amendment to the United States Constitution, as being “composed of the body of the people, trained to arms;” as further defined in Virginia Code § 44-1 as the “unorganized” “militia of the Commonwealth of Virginia” consisting “of all able-bodied residents of the Commonwealth …, who are at least 16 years of age and … not more than 55 years of age; and as defined in 10 U.S.C.A. § 246, Militia, as all able-bodied males ages 17 to 45 years of age.
WHEREAS, the Board of Supervisors recognizes the individual right of self-defense using commonly owned semi-automatic firearms and standard capacity magazines, independent of any service in the organized or unorganized militia of the United States or the Commonwealth of Virginia; and
WHEREAS, the Board of Supervisors calls upon the COUNTY NAME Sheriff and the Commonwealth Attorney; their deputies and employees; and the People of COUNTY NAME, including those who make up the Unorganized Militia, as defined in Virginia Code § 44-1, to take action consistent herewith; and to resist tyrannical attempts to make unlawful certain firearms and components which are necessary for self-defense; militia service; law enforcement, and national defense; and
WHEREAS, it is the sincere hope of the COUNTY NAME Board of Supervisors that these provisions will cause the Governor and General Assembly to reflect deeply upon the course upon which they have embarked; and that they will consider the full ramifications of their pending actions; that they will forever cast away the implements of tyranny and return to the fold of liberty; and that they will return to the wisdom of that first generation of Virginia patriots who founded this great Republic and again embrace their fellow citizens as brothers and sisters in liberty, secure in their rights and their arms.
THEREFORE BE IT RESOLVED BY THE COUNTY NAME BOARD OF SUPERVISORS:
        1. The COUNTY NAME Board of Supervisors hereby notifies volunteers from the county and any other free citizens of the Commonwealth of Virginia, to be ready to muster at a location to be determined, on a date to be determined, by a document that shall constitute the “Official Call for the Unorganized Militia of COUNTY NAME” (“The Call”). The muster shall be for review of those citizens who make up the members of the Unorganized Militia of the Commonwealth of Virginia who reside in COUNTY NAME. At a minimum, volunteers must be above the age of 18, must lawfully possess a firearm, must strictly adhere to the official Call from COUNTY NAME, and must be willing to muster into service for the protection of their liberties and those of their fellow citizens.
        2. The purpose of this muster is to identify those citizens willing to come to the defense of COUNTY NAME and its citizens, and to display to the Governor and the General Assembly the potential armed force available to be called forth, should circumstance require. It is the intent of the COUNTY NAME Board of Supervisors to demonstrate the will and resolve of the people and government of COUNTY NAME to defend their rights, resist tyranny, and secure for themselves and their posterity those liberties that have been purchased with the blood and treasure of generations of Virginians.
THEREFORE BE IT ENACTED BY THE COUNTY NAME BOARD OF SUPERVISORS:
The COUNTY NAME Board of Supervisors hereby enacts County Ordinance Number ####. The Board of Supervisors declares any attempt to arrest or prosecute citizens for firearms violations not in existence prior to January 1, 2020 as an attempt to violate civil rights under color of law, and a violation of COUNTY NAME Ordinance Number ####.
        1. The Board of Supervisors of COUNTY NAME recognizes the particular suitability and fitness of certain firearms for individual self-defense; militia service, including the Unorganized Militia; law enforcement; and national defense. Such firearms, including, but not limited to those with the following characteristics, shall remain lawful for possession and use by individuals or militia after January 1, 2020:
          A semi-automatic center-fire rifle that expels single or multiple projectiles by action of an explosion of a combustible material with a fixed magazine capacity in excess of 10 rounds;
        2. A semi-automatic center-fire rifle that expels single or multiple projectiles by action of an explosion of a combustible material that has the ability to accept a detachable magazine and has one of the following characteristics: (i) a folding or telescoping stock; (ii) a pistol grip that protrudes conspicuously beneath the action of the rifle; (iii) a thumbhole stock; (iv) a second handgrip or a protruding grip that can be held by the non-trigger hand; (v) a bayonet mount; (vi) a grenade launcher; (vii) a flare launcher; (viii) a silencer or sound suppressor; (ix) a flash suppressor; (x) a muzzle brake; (xi) a muzzle compensator; (xii) a threaded barrel capable of accepting (a) a silencer or sound suppressor, (b) a flash suppressor, (c) a muzzle brake, or (d) a muzzle compensator; or (xiii) any characteristic of like kind as enumerated in clauses (i) through (xii);
        3. A semi-automatic center-fire pistol that expels single or multiple projectiles by action of an explosion of a combustible material with a fixed magazine capacity in excess of 10 rounds;
        4. A semi-automatic center-fire pistol that expels single or multiple projectiles by action of an explosion of a combustible material that has the ability to accept a detachable magazine and has one of the following characteristics: (i) a folding or telescoping stock; (ii) a thumbhole stock; (iii) a second  handgrip or a protruding grip that can be held by the non-trigger hand; (iv) the capacity to accept a magazine that attaches to the pistol outside of the pistol grip; (v) a shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the pistol with the non-trigger hand without being burned; (vi) a manufactured weight of 50 ounces or more when the pistol is unloaded; (vii) a threaded barrel capable of accepting (a) a silencer or sound suppressor, (b) a flash suppressor, (c) a barrel extender, or (d) a forward handgrip; or (viii) any characteristic of like kind as enumerated in clauses (i) through (vii);
        5. A shotgun with a revolving cylinder that expels single or multiple projectiles by action of an explosion of a combustible material; or
        6. A semi-automatic shotgun that expels single or multiple projectiles by action of an explosion of a combustible material that has one of the following characteristics: (i) a folding or telescoping stock, (ii) a thumbhole stock, (iii) a pistol grip that protrudes conspicuously beneath the action of the shotgun, (iv) the ability to accept a detachable magazine, (v) a fixed magazine capacity in excess of seven rounds, or (vi) any characteristic of like kind as enumerated in clauses (i) through (v).
        7. Spare parts or combinations of parts designed or intended to readily assemble or maintain such firearms in subsections i-vi, and magazines holding more than 10 rounds of ammunition.
          It shall be unlawful for any county, state, or federal government employee, official or agency to enforce any firearm law enacted after January 1, 2020, which has the purpose or effect of impeding the ability of any member of the Unorganized Militia or individual person to use a firearm or firearm component set forth for purposes contemplated by the Second Amendment to the U.S. Constitution; by Article 1 Section 13 of the Virginia Constitution; by 10 U.S.C.A. § 246; and by Virginia Code § 44-1.
          Such unlawful activity includes, but is not limited to, any attempt to arrest a resident of this county alleging a violation of any statute for failure to register, surrender, or destroy; or for continued possession after January 1, 2020, currently legal arms, including semi-automatic rifles, pistols and shotguns; their components, adjustable stocks and other features; including standard capacity magazines of more than 10 rounds; or ammunition amounts, components, or composition, any of which is otherwise legal as of the effective date of this ordinance, or which is set forth in Section A of this ordinance.
          County law enforcement shall immediately investigate a citizen complaint alleging a violation of this section, and shall, upon personal inquiry and contemporaneous observation, arrest any person engaged in a violation of this ordinance. An arrest or attempted arrest in violation of this section shall be a Class 1 Misdemeanor.
          COUNTY NAME shall establish a system for residents to notify county law enforcement of any violation of Section A.
        8. COUNTY NAME shall establish a system to immediately notify, after dispatch of county law enforcement to the scene of an arrest or confiscation of arms in violation of this section and after confirmation by county law enforcement to dispatch that a violation is in progress, those members of the Unorganized Militia of COUNTY NAME who are accepted by the County for addition to the notification list.
Words on Paper?
Yes they are!
But what protection does that provide to the residents of “sanctuary counties?”
Eastern District Representative of the Tazewell County Board of Supervisors, Charles Stacy,
says the resolutions are more like a ‘symbol of opposition.’
“It’s almost more of a proclamation of what the boards are prepared to do,” Stacy says.
“It’s a strong message to our legislators let them know that we don’t want to see any changes in our gun laws,” says Tazewell County Sheriff Brian Hieatt. “So we’re seeing county after county doing the same thing and passing similar resolutions, to say that we do not want to infringe on our rights to have our weapons.”
Therefore, the resolutions don’t provide a legal defense.
“You can’t simply present this in a court and say, ‘Your Honor, I’m not guilty of possessing a firearm that the General Assembly has deemed illegal, because my home county passed a second amendment sanctuary resolution,'” Stacy explained. “What the resolutions are designed to do is prevent that legislation from even coming out of the Virginia General Assembly, by giving the proclamation of the localities to the General Assembly before they vote.”
Audio: Patriot Nurse
Is it working?
Virginia Democratic leaders abandoned their gun confiscation proposal Monday following a grassroots outpouring of opposition to gun control across the state.
Governor Ralph Northam (D.) and incoming Senate majority leader Dick Saslaw (D.) said they will no longer pursue their marquee plan to ban the possession of “assault weapons.” Instead, they will include a provision to allow Virginians to keep the firearms they already own. The reversal comes before the newly elected Democratic majority has even been sworn in, after a majority of the state’s counties declared themselves “Second Amendment sanctuaries.”
“In this case, the governor’s assault weapons ban will include a grandfather clause for individuals who already own assault weapons, with the requirement they register their weapons before the end of a designated grace period,” Northam spokeswoman Alena Yarmosky told the Virginia Mercury.
While we may look at this and think ” Oh Good… ” don’t be so sure. They, I believe had this in mind all along. Further we should accept ZERO infringements on our Liberty! And this law (SB16 or SB16 Lite) is NOT the only very bad law they are proposing!
AUDIO FILE
RICHMOND, Va. (WRIC) — Virginia Attorney General Mark Herring said Thursday that resolutions passed by more than 40 Virginia cities and counties declaring themselves as “Second Amendment Sanctuaries” don’t hold any legal weight.
Herring told 8News that the resolutions are simply “expressions of opposition” to stricter gun laws being proposed in the upcoming Virginia General Assembly session.
The attorney general said if any bills are passed, he expects them to be followed by all Virginians.
“These resolutions have no legal effect whatsoever. It’s really the gun lobby trying to scare a lot of people,” Herring said. “When the General Assembly passes it in the upcoming session, those laws are going to be enforced and they will be followed.”
The localities that have adopted the resolutions say they will essentially ignore any new state gun laws. The movement has spread since Virginia flipped blue in November’s elections.
The question that has loomed is whether these “sanctuaries” will actually choose not to enforce new state gun laws.
“I don’t think that’s going to happen,” Herring told 8News. “These laws, when they get passed, they’re going to be followed and when you look at the resolutions that are being passed, they’re really just expressions of opposition to these gun safety measure that Virginians have demanded for a long time.”
“When you talk to those who are in law enforcement and really push them a little bit, like a sheriff or a prosecutor and say, ‘So, really? You mean you’re going to allow violent felons to go ahead and purchase firearms?’ No. They back down pretty quickly.”
More than a dozen gun control bills have been pre-filed ahead of the 2020 General Assembly session, which begins on Jan. 8, 2020.

VCDL Lobby Day 2020: Monday, January 20, 2020

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