Virginia gun control: if you own a weapon capable of holding 7 rounds or more, you’ll be a felon

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Revealed: The language written into proposed legislation in Virginia shows that most gun owners would be turned into felons almost overnight.

In the ongoing chess match between good and evil, the citizenry of Virginia (the good) seem to have the upper hand (the U.S. Constitution) over Governor Northam, his AG Mark Herring and the Democrat-led General Assembly (the evil).

The Virginia Citizens Defense League is taking the state-level elected officials to task over the push to ban and confiscate practically every weapon in the Commonwealth.

Two pieces of legislation have been pre-filed for the 2020 session.  They’ll be taken up after the new politicians are sworn in on January 8th, creating a shift in power and putting the Democrats in that state in the driver’s seat.

Two major parts of proposed new laws are:

If a gun, (pistol, rifle or shotgun) CAN accept a Magazine over 7 or 10, the weapon is deemed an assault weapon and is therefore illegal. You do not have to be in possession of the magazine or even have it in the weapon.

The second part is a bill seeking to criminalize the intention to do something, NOT the doing or planning, but the “Intention”.

How will they predict an act that has not happened yet?  

The state originally defined an assault weapon as:

“A semi-automatic, centerfire, firearm equipped with a folding stock, or equipped at the time with a magazine capable of holding more than 20 rounds, or capable of accommodating a silencer/suppressor.”

The pending legislation, SB16, would expand that definition to include changing the magazine size from 20 down to between 7 and 10.

The pending, pre-filed bill will also allow for criminalizing the intent to possess, sell, or trade these “illegal” firearms.

In other words, if you simply think about owning a gun, you can be apprehended and charged with a crime.

“Any person who sells, barters, gives or furnishes, or has in his possession or under his control with the intent of selling, bartering, giving or furnishing, any firearm to any person he knows is prohibited from possessing or transporting a firearm pursuant to 18.2-308.1:1, 18.2-308.1:2, 18.2-308.1:3, 18.2-308.2, 18.2-308.2:01, or 18.2-308.7 is guilty of a Class 4 felony.

Please note, it does not say that you may be found guilty of. This bill has predetermined that you are a felon for simply intending to do something.

Translation: don’t even think about it or we will convict you a felonious act.

According to VCDL, as of December 23, 87 of the 95 counties in Virginia had adopted a Second Amendment Sanctuary status, with more planning to do so.

While the AG took the official stance that these resolutions carry no legal authority, the VCDL argues, quite successfully that the AG has established a precedent in the matter.

Herring did issue an Advisory Opinion (AO) on December 20th.

The VCDL, along with Gun Owners of America issued a written response on the 26th.

Here is a portion of their executive summary.

Herring’s official advisory opinion was issued on December 20, 2019. 

In it, AG Herring argues that Second Amendment sanctuary resolutions have “no legal effect,” local government officials “must comply with gun violence prevention measures that the General Assembly may enact,” and “neither local governments nor local constitutional officers have the authority to declare state statutes unconstitutional or decline to follow them on that basis.” 

Each of these contentions is untrue. 

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.

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: the defense of the Virginia Marriage Amendment to the Virginia Constitution; the General Assembly’s refusal to assist the federal government with the arrest and detention of civilians as authorized by the National Defense Appropriations Act of 2012; and the right of localities in Virginia to become sanctuary cities with respect to the enforcement of federal immigration laws.

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.  

In essence, the AG has argued that counties must blindly follow laws enacted by the General Assembly, even if they deem it to be unconstitutional.

The same AG argued the exact opposite regarding sanctuary for illegal immigrants and same-sex marriage.

Therefore, what he is basically saying is that liberal policies allow for deviation from law, because…rights and freedom.

Constitutional policies cannot legally be given merit, because…well, the AG said so.

However, in an interview with NPR, reported January 23, 2014, Herring asserted:

“As attorney general, I cannot and will not defend laws that violate Virginians’ rights.” 

So, the Constitution in a valid source document for the Virginia politicians when it is convenient and first their agenda.

Herring has also previously stated:

First, an elected official who reaches the ‘independent judgment’ that a state statute is in violation of the U.S. Constitution is at liberty to decline to enforce that statute.’ 

This principle is at the very core of the Second Amendment Sanctuary Resolutions.

“Second, an elected official has the power to take affirmative steps to block enforcement of an unconstitutional statute,” he continued.

From the conclusion of the VCDL letter:

The application of the principles set out above to Second Amendment Sanctuary Resolutions is clear.  The U.S. Constitution and the Virginia Constitution are the statements of the will of the People themselves, and the compacts from which the Virginia legislature draws its authority. 

Should the Virginia General Assembly, along with the Virginia Governor or Attorney General, enact and attempt to enforce a law which is prohibited by Second Amendment to the U.S. Constitution, or Article I, Section 13 of the Virginia Constitution, and the pre-existing, inalienable rights of the People, then such law is of no legitimacy — and void. 

In response, local government officials who have sworn an Oath to uphold the federal and state constitutions unquestionably have the inherent power — and the duty — to refuse to enforce such unconstitutional laws, and even to protect the People against enforcement.

Just a few days ago, we brought you an introduction to what state legislators in Virginia were trying to accomplish.

The new laws in Virginia are confusing, to say the least. So, we broke it down for you.

We’ve been going to great lengths to document the ongoing efforts to restrict gun owner’s rights over in Virginia.

Gun control advocates have been hard at work trying to push an array of new restrictions, including universal background checks, “assault weapons” bans and red flag laws that would allow authorities to temporarily take guns away from people deemed dangerous to themselves or others.

One of the greatest things to come from the Democrat elitists stirring the pot is that the lawful, gun owning population is waking up to what’s going on around them in their state.

Over 100 cities and counties within Virginia have declared themselves to be second amendment sanctuaries, so as not to infringe upon the rights endowed by the Constitution.

We’ve seen the formation of militias that are intent on protecting their rights within the state as well, showing that the gun owning population aren’t standing idly by.

For those new to the topic, you might ask what all this noise is about.

Well, there’s two aspects of newly proposed legislation that are the most troublesome; red flag laws and the banning of assault weapons. In order to understand what an assault weapon ban in Virginia would look like, you’d need to understand what the state defines as an “assault weapon”.

The state defines an assault weapon as such:

“A semi-automatic, centerfire, firearm equipped with a folding stock, or equipped at the time with a magazine capable of holding more than 20 rounds, or capable of accommodating a silencer/suppressor.”

When most people think of assault weapons, an image comes to mind of an 80’s action hero movie where someone is mowing down an enemy army single handedly with a machine gun.

Yet, if you look at the language present in what the state defines as an assault weapon, a 9mm Beretta 92 toting the MEC-GAR 20 round magazine would be an assault weapon by definition.

That type of gun is a pretty standard model of hand gun, where one pull of the trigger equals one bullet coming out, which that type of gun is also a “semi-automatic”.

Politicians and activists love using the word semi-automatic, since to the untrained ear it resonates as “automatic”; which then likens an image of a machine gun.

This assault weapons ban would also allow guns that have a folding stock to be confiscated, no matter if the firearm’s magazine hosts less than 20 bullets.

For those that have no clue as to what a folding stock is at the end of the day, it does absolutely zero to increase or decrease what a firearm can discharge. A gun with a folding stock is designed somewhat like a traditional wood stock rifle, the difference being that you can fold it up for compact storage purposes, that’s it.

Heaven forbid a lawful gun owner wants more space in their closet.

Now here’s the ringer on assault weapons bans: “capable of accommodating a silencer/suppressor”.

There are several makes and models of fairly standard and popular handguns that can accommodate a silencer. If enacted, owners of Smith & Wesson M&P Threaded Kits, Beretta M9A3s, 9mm and .45 ACP Springfield Armory XDMs, and pretty much any Glock or Sig Sauer handgun.

These laws coming down the pipe are aimed at convincing residents of the state into support that are completely oblivious as to how Virginia defines assault weapons. While the non-firearm enthusiasts think they’re gunning to take down machine guns, they’re really trying to get rid over every lawfully owned gun.

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Virginia gun control: if you own a weapon capable of holding 7 rounds or more, you'll be a felon

While the assault weapons ban will work to achieve getting most guns out of law-abiding citizens hands, legislators have red flag laws right around the corner to sweep up those other pesky firearms that don’t meet the threshold of “assault weapon”.

Essentially, all that is needed to have a weapon confiscated under red flag laws is one single person’s opinion about another. What that means is that someone, in fact, anyone can make a claim that someone is a danger to themselves or others, and then people with guns come to take your guns.

There’s no simpler way to explain it; and other states outside Virginia have already adopted these very laws that have weaponized someone’s opinion about someone else.

While we at Law Enforcement Today are well aware that most of our readers our firearm savvy to some degree, we’d ask that you share this article with those not too hip to what these newly proposed laws actually mean and how they impact average, law-abiding gun owners.

You might be asking… well just who exactly is going to enforce these new laws? Cops in the area are wondering the same thing.

They’re well aware that massive numbers of police officers, veterans and other residents are so adamantly opposed to their sweeping gun control legislation that they’re fighting back.

But Virginia officials want the “peasants” to know they don’t give a damn.

In a four-page opinion, Virginia Attorney General Mark Herring stated that localities who have declared themselves Second Amendment Sanctuaries (and there are a lot) have “no legal effect.”  He went on to say:

“When the General Assembly passes new gun safety laws, they will be enforced, and they will be followed. These [Second Amendment Sanctuary] resolutions have no legal force, and they’re just part of an effort by the gun lobby to stoke fear.”

Oh, really.

In case you’ve been completely off grid and out of touch for the past few weeks, let me catch you up on what’s going on in the State of Virginia.

In essence, Democrats are attempting to pass gun control laws that would strip the state of their second amendment rights to bear arms.  And patriots are preparing to fight back.

Literally.

Several gun control bills have been introduced in Virginia and gun owners in the state fear for the outcome when democrats take over both houses of the General Assembly in January 2020.

Over one-hundred local governments in the state have declared themselves Second Amendment Sanctuary locations, including eighty-seven out of ninety-five counties, and at least fifteen local city or town governments.  Additionally, citizens in many of those Sanctuaries have begun forming militias standing ready to fight for their rights.

In Culpeper County, Sheriff Scott Jenkins made a public statement that he would “screen and deputize thousands of law-abiding citizens to protect their constitutional right to own firearms.”

 Sheriff Jenkins thanked the Culpeper County Board of Supervisors for declaring their intention to defend their rights.  Further, he said:

“Every Sheriff and Commonwealth Attorney in Virginia will see the consequences if our General Assembly passes further unnecessary gun restrictions.

America has more guns than citizens and murder has long been illegal. At best, the proposed gun restrictions will disarm or handicap our law-abiding in their defense and possibly cause a criminal to choose another tool for evil.”

The Sheriff’s statements as well as reports of militias rising in numbers prompted democratic Representative Donald McEachin to encourage Democrat (sensing a pattern here…) Governor Ralph Northam to activate the National Guard to enforce these laws.  Rep McEachin said:

“I’m not the governor, but the governor may have to nationalize the National Guard to enforce the law. That’s his call, because I don’t know how serious these counties are and how severe the violations of law will be. But that’s obviously an option he has.”

Law Enforcement Today received many military member responses to this threat, saying they, too, would not enforce these proposed unconstitutional laws.  It boils down to this:  Politicians insisting on law enforcement and military to strip people of their rights for political gain are asking for civil war.

Which is interesting because Delegate Jay Jones (shockingly, democratic) wrote this:

“The bills passed by the General Assembly and signed into law by the Governor are binding for our entire Commonwealth and its citizens.

The legal precedent we would set by allowing communities to selectively ignore those laws at will is alarming and indicative of the same mindset that nearly one hundred and fifty years ago led this country to dissolve into a civil war.”

I’m not even going to get into the absurdity of his statements; I’ll just focus on the fact that Virginia Democrats clearly recognize this very real threat of another civil war, right in their state, and yet they press on with trying to take away the rights of law-abiding citizens.


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