It's not getting nearly as much press attention this time around, but the second coming of the Second Amedment sanctuary movement is still underway in Virginia, six years after more than 100 counties, towns, and independent cities adopted resolutions and ordinances vowing not to enforce any unconstitutional gun control measures.
According to a recent update from the Virginia Citizens Defense League, 48 counties and four sheriffs have reiterated or reaffirmed their position, including recent votes in the town of Goshen and by the Rockbridge County Board of Supervisors in the Shenandoah Valley.
The Board of Supervisors, which passed its Second Amendment sanctuary resolution in December 2019, did not hold a vote to reaffirm its status, but Chairman David McDaniel read a statement at the Board’s Feb. 23 meeting confirming that the 2019 resolution “remains in full effect and has not been rescinded” and that it “continues to reflect the official stance of the majority of this Board.
“While we acknowledge that different perspectives exist within our community and among our members,” McDaniel continued, “this Board remains committed to its oath to defend the constitutional rights of all Rockbridge County citizens. Our resolution specifically urges our elected representatives in Richmond and Washington to reject any legislation that may infringe upon or place additional burdens on lawabiding gun owners.”
I appreciate the board's position, but the supervisors are going to need to pass an updated version once Gov. Abigail Spanberger has given approval to more than 20 new gun control measures, including bans on commonly owned arms, storage mandates for guns in homes and vehicles, expanding the state's "red flag" law, imposing new restrictions on the right to carry, and encouraging lawsuits against firearm industry members blaming them for the criminal misuse of guns.
Some of these laws were written so that county and local governments won't really play a role in enforcement, but there are plenty of provisions that supervisors, sheriffs, and Commonwealth Attorneys can actively oppose and passively not enforce. For example, one bill that Spanberger is expected to sign prohibits carrying loaded "assault firearms" on streets, roads, alleys, sidewalks and other public rights-of-way. Sheriffs can decide whether or not to enforce that law, and Commonwealth Attorneys can choose whether or not to accept any cases for prosecution.
In the rural county where I live, during deer season it's not uncommon for me to drive by hunters on the side of the road with their guns in hand or by their side as they're walking to or from their trucks. If those hunters are using a gun that falls under the definition of "assault firearm," they could face misdemeanor charges for that kind of activity, even though they pose no threat to passersby. Sheriffs and prosecutors can implement policies that would limit enforcement of SB 727 only to those who pose a danger to themselves or the community, while making it clear that simply bearing arms will not lead to an arrest or formal charges.
Another bill will allow Virginia's anti-gun Attorney General Jay Jones to develop new standards for right-to-carry reciprocity with other states. At the moment, Virginia recognizes concealed carry licenses from every other state in the Union, but that will soon change. There's nothing stopping sheriffs, police chiefs, and prosecutors from declining to arrest or charge anyone solely for carrying a concealed firearm while possessing a valid permit issued by another state that the Virginia AG's office and state police refuse to recognize or accept.
Keep in mind, though, that the State Police will be enforcing these laws, at least at the agency level. The Second Amendment sanctuary movement is valuable and important, and I'm thrilled to see that version 2.0 is still gaining ground throughout Virginia, but it won't be able to mitigate the damage from every new gun control law that will be taking effect later this year.
Repeal is a near-term impossibility, but there are plenty of legal fights to come in both state and federal court, and that's another area where county and local governments can get involved. There will be opportunities for sheriffs and supervisors to submit amicus briefs in support of the plaintiffs challenging these laws, and gun owners who live in Second Amendment sanctuaries can and should be talking to local officials about ways to lend a hand to those who'll be fighting to undo these new infringements in court once the laws have taken effect.
Editor’s Note: The radical left will stop at nothing to enact their radical gun control agenda and strip us of our Second Amendment rights.
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