Virginia Sheriffs Have the Power to Defend Second Amendment Sanctuaries ~ VIDEO

Opinion

Virginia Second Amendment Sanctuaries in Green, 8 January 2020, scaled and cropped by Dean Weingarten, from VCDL.org

Arizona -(Ammoland.com)- The situation in Virginia is heating up. In a combination of gerrymandering mandated by a state court and millions of dollars spent on a few local races by billionaires who hate the idea of an armed population, targeted advertising, organization by sympathizers of the Chinese communists, and apathy by the rest of Virginia voters, the Democrats have taken control of the Governorship and both the General assembly and the Virginia Senate, by rather slim margins.

These are not yesterday's Democrats. These Democrats have been specially selected for their antipathy toward the Virginia Constitution's limitations on government power, the Second Amendment of the U.S. Constitution, and limits on government power, generally.

As a result, a plethora of bills, designed to severely restrict the exercise of Second Amendment rights, have been filed for the 2020 Virginia session.

They range from Universal Background Checks, to bans on semi-automatics and magazines, “red flag” laws, heavy restrictions on indoor and outdoor ranges, and firearms training.

In response to these proposed attacks on the exercise of Second Amendment rights, 91 of 95 Virginia counties have declared themselves “Second Amendment sanctuaries“.

The Culpeper County Sheriff, Scott Jenkins, has proposed a possible counter move. Deputizing thousands of Second Amendment Supporters would render them immune from several of the proposed laws. From a facebook post by Culpeper County Sheriff's office:

I remain very optimistic that our General Assembly will not pass the proposed bills. Obviously, if passed, there are many of us willing to challenge these laws through the courts. In addition, if necessary, I plan to properly screen and deputize thousands of our law-abiding citizens to protect their constitutional right to own firearms.”

-Sheriff Scott Jenkins

“A militia, when properly formed, are in fact the people themselves…and include all men capable of bearing arms.” (1788)

-Richard Henry Lee

How effective would such a move be? It could be very effective, at least in the short term. From the Virginia Constitution, Article VII. Local Government

Section 4. County and city officers

There shall be elected by the qualified voters of each county and city a treasurer, a sheriff, an attorney for the Commonwealth, a clerk, who shall be clerk of the court in the office of which deeds are recorded, and a commissioner of revenue. The duties and compensation of such officers shall be prescribed by general law or special act.

Current law allows the sheriff to appoint unlimited numbers of part-time deputies. § 15.2-1603. Appointment of deputies; their powers; how removed.

The treasurer, the sheriff, the commissioner of the revenue, and the clerk of any circuit court may at the time he qualifies as provided in § 15.2-1522 or thereafter appoint one or more deputies, who may discharge any of the official duties of their principal during his continuance in office, unless it is some duty the performance of which by a deputy is expressly forbidden by law.

The deputies may not be removed from office except for the following:

Virginia law § 24.2-230.

However, an appointed officer shall be removed from office only by the person or authority who appointed him unless he is sentenced for a crime as provided for in § 24.2-231 or is determined to be “mentally incompetent” as provided for in § 24.2-232.

Deputies do not need to wear a uniform. The sheriff decides what they may or may not wear.

§ 15.2-1611. Alternate clothing for sheriff and deputies.

When the duties of a sheriff or deputy sheriff are such that the wearing of the standard sheriff's uniform would adversely limit the effectiveness of the sheriff's or deputy sheriff's ability to perform his prescribed duties, then clothing appropriate for the duties to be performed may be required by the sheriff.

Deputies are to be compensated for expenses, but there is no guarantee.

§ 15.2-1609.9. Compensation of part-time deputies.

The part-time deputies of sheriffs shall not receive fixed salaries, but shall be entitled to receive reasonable compensation for their services and allowances for their expenses, to be determined and paid as hereinafter provided.

The law enforcement training is not required if the deputy is not a full-time deputy.

§ 15.2-1612.1. Deputy sheriffs to complete course of instruction established by Department of Criminal Justice Services.

Any full-time deputy sheriff not employed on July 1, 1971, shall successfully complete a course of instruction established by the Department of Criminal Justice Services as provided in clause (i) of subdivision 2 of § 9.1-102.

Virginia sheriffs can short circuit many of the proposed laws by deputizing the adults who wish to participate. I do not see any limitation on residence for those who may be deputized. Theoretically, one sheriff could deputize all of Virginia, and others, including residents of other states.

The counter would be for the Legislature to pass legislation limiting the powers of the county sheriffs.

Political activists on the left have suggested California do away with the office of sheriff. Rural sheriffs are a bulwark of local power.

That would be very difficult in Virginia. It would require a state constitutional amendment. However, the legislature could limit sheriff's power with the passage of a law.

They do not appear to be able to revoke the appointments of “minor officers” at least without going to court.

Court cases would, and will, take time.

It appears the appointment of large numbers of deputies, in Virginia Second Amendment sanctuary counties, is a viable and valid strategy, at least in the short term.

Over the long term, elections and courts may resolve the issue.


About Dean Weingarten:

Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of Constitutional Carry was attained. He has degrees in meteorology and mining engineering and retired from the Department of Defense after a 30-year career in Army Research, Development, Testing, and Evaluation.

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Mikial
Mikial
8 months ago

I live in a Virginia 2A Sanctuary County and I count my blessings that I do.

ColdeadHands75
ColdeadHands75
8 months ago

This Sheriff is AMAZING! He is sticking to his oath!!

Jim
Jim
8 months ago
Reply to  ColdeadHands75

Until they come for him… then what will his supporters do–provided he does not fold.

Arizona Don
Arizona Don
8 months ago

There is little doubt these so called democrats who in reality are communists posing as democrats are more of a danger to America and our constitutional freedoms then places like Iran and North Korea. Those nations are not much of a threat now thanks to President Donald J Trump. However, the so called democrats (make believe democrats) are a threat. Communism is always a threat to every nation in the world.

Jim
Jim
8 months ago
Reply to  Arizona Don

How dare you say those democrats are communists, how dare you! Oh, whoops, so sorry, they are…

Dixie
Dixie
8 months ago

Is this not just another form of registration? Instead of registering my gun it’s registering me as a gun owner

CourageousLion
CourageousLion
8 months ago

I do believe that the Tazwell county Sheriff has a better alternative. Simply REVITALIZE the first 13 words of the 2nd amendment. The MILITIAS ALWAYS formed at the county level first. If his idea takes hold we will finally have back what was taken away by stealth back in 1903 with the Dick Act which created the “National Guard” and did away with funding for the CONSTITUTIONAL militias. Those first 13 words may be the most important 13 words in the whole constitution and it is the ONLY PLACE where the word NECESSARY is used.

Finnky
Finnky
8 months ago
Reply to  CourageousLion

@CL – So long as militia membership is not used as a requirement for retaining one’s rights. A publicly funded militia with no retained membership list, which provides practice facilities and training sounds wonderful.

Finnky
Finnky
8 months ago
Reply to  Finnky

@USA – Advocating avoiding needlessly starting CW2 is not the same as running and hiding.

TheRevelator
TheRevelator
8 months ago
Reply to  Finnky

@USA There is a difference between a militia, and what CourageousLion is proffering which is nothing more than martial vigilantism. On two separate occasions now CL has spoken quite freely about what it is he supports, and it has nothing to do with the constitution. First, he defended the idea that non-combatants who choose to exercise freedom of thought could and should be killed if they happen to think in a way CL felt was a threat, and he did so by trying to claim it would be an side effect of or an act of war. Second, when he… Read more »

TheRevelator
TheRevelator
8 months ago
Reply to  TheRevelator

PS~ @USA
If you need me to, I can provide links to the articles where the comments by CL I am referring to are so you can see for yourself. More than happy to do so.

jack mac
jack mac
8 months ago

In order to suppress public servant insurrections against the authority of we the people, we don’t need no stinky badges.

Doszap
Doszap
8 months ago

Unless the legislature refuses to pass these proposals I (In My H O) do not see a way out without a shooting war coming down.If there is no way to remove Northam and get a rational human being into the Gov office,(instead of the paid WHORE he is) I see n way out of one,sad as hell but they are CRAZY as hell if they think Americans esp Virginians are going to put up with UNCONSTITUTIONAL SO CALLED laws.

CourageousLion
CourageousLion
8 months ago
Reply to  Doszap

Really? Do you have more information about this development?

Finnky
Finnky
8 months ago
Reply to  Doszap

@USA – Can you blame them after the recent deli attack? I am thrilled that another portion of the population is moving toward supporting armed self defense. Always confused seeing pictures from WWII Germany where hundreds of Jews were herded onto box cars by a few German soldiers. Why the heck didn’t they fight back? Sure 10% of them might have been killed, but they would still have overpowered their guards. No clue what they would have had to do next, but at least some of them would have had a “next”. That history is a huge driver behind Israel’s… Read more »

Jim
Jim
8 months ago

I totally support this movement in VA. Regarding those good Sheriffs, maybe they can enforce the Second Amendment but the Governors have the power to send in state police and state guard and if asked by the governor the feds can get involved. If this goes sideways then per the Second Amendment the MILITIA can form and the militia then and now is and always has been just ruegular citizens (minutemen) ready to protect our freedoms from foreign and DOMESTIC enemies to the Constitution and our republic.

Ryben Flynn
Ryben Flynn
8 months ago

The “Battle of Richmond” may be coming?
Look up the Battle of Athens.

Stripeseven
Stripeseven
8 months ago

The bottom line is that unless those that seek to destroy America are arrested and prosecuted for their crimes against the people, these assaults on Freedom will continue.

Doszap
Doszap
8 months ago
Reply to  Stripeseven

The 2nd Amendment Protection County and state movement is spreading nationwide.
Texas now has over 35+ counties named as such,with more to follow,no way we will follow any UNCONSTITUTIONAL LAWS and we won’t go to court(if we lose our rights before) to fight it, time to follow the law, or start culling the Roosters.
Since when does ANY FEDERAL or state government have the authority to take away a CONSTITUTIONAL RIGHT?.
Short answer they DON’T.
Over 22 Million new firearms were bought in 2019,and it wasn’t to TURN them over to DESPOTS.

joefoam
joefoam
8 months ago

I nearly choked on my coffee when I watched the new batch of legislators being sworn in, promising to uphold the constitution while holding bills in their hands that would violate the constitution. What a bunch of useless hypocrites. This should be a lesson for all voters, that complacency on their part and arrogance on the part of legislators cannot be allowed or this infection will spread anywhere votes can be bought.

BowserB
BowserB
8 months ago
Reply to  joefoam

Joe, I hope this is a wake up for gun owners everywhere. 124 million VOTING gun owners can change this, but only if they turn out in larger numbers than we’ve seen lately. 30-40% turnout does not win elections.

Doszap
Doszap
8 months ago
Reply to  joefoam

TRAITORS to the Constitution and the Oath they took.ALL of them need to be removed from office.

CourageousLion
CourageousLion
8 months ago
Reply to  Doszap

By WHATEVER MEANS NECESSARY.

Gene Ralno
Gene Ralno
8 months ago

Virginians temporarily have been duped by the gun grabbin’ moms & big city billionaires. But it won’t last. More than two centuries ago, our founders created the first firearm sanctuary with the U.S. Constitution and its famous 2nd Amendment. It’s the socialists who would attempt to negate a legally enacted law that affirms a natural human right. We’re witnessing a sea change in the sanctuary movement intended to preserve the 2nd Amendment. I’ve always believed that these partisan laws could be defeated by simply denying assistance to federal or state law enforcement. Clearly, federal and state resources alone are woefully… Read more »

Mack
Mack
8 months ago

“The situation in Virginia is heating up. In a combination of gerrymandering mandated by a state court …”

No Dean, it was mandated by the Leftist-oriented Fourth Circuit.

The Evil-Doer was Marc Elias.

Try google.

Wild Bill
Wild Bill
8 months ago

@DW, I am always favorably impressed when a writer gets back to his readers.

Wild Bill
Wild Bill
8 months ago
Reply to  Mack

, When you are right, you need not be harsh with people.

Mack
Mack
8 months ago
Reply to  Wild Bill

I’m not harsh with Dean. I like Dean.

If you think I sound harsh, well it’s because Marc Elias cam into Virginia with a battle plan to destroy Virginia.

Attorney Mark Herring refused to defend Virginia.

And Republican House Speaker Kirk Cox was feckless an inept in defending Virginia.

Virginia is lost.

For now.

Mack
Mack
8 months ago
Reply to  Mack

Colorado is harsh?

This seems VERY harsh:
* https://www.9news.com/article/news/local/next/denver-red-flag-law/73-1419bf8e-a386-4607-baf4-02bb49be5a90

That flow chart is ridiculous.

And that idiocy is what’s coming to Virginia.

CourageousLion
CourageousLion
8 months ago
Reply to  Mack

Marc Elias…hmmmm…that names sound strangely anti freedom.

Mack
Mack
8 months ago
Reply to  CourageousLion

He is EVIL. As an example, see here:

“https://freebeacon.com/politics/clintons-former-top-campaign-lawyer-behind-new-hampshire-voter-id-lawsuit/”

You can take out the quotes and use the link.

VagiSafe
8 months ago

We will be introducing a bill, The Virginia Safe Policing Act that allows deputies to work under county law enforcement as long as a safe storage gun locker is provided at each county police station for the deputies weapons to be checked in/ check out. Deputized Deputies must not be on duty more than 40 hours per week and carry a weekly schedule card with them while armed and safely check in their approved weapon when not on duty. Only 32 caliber revolvers, with lead only bullets, of up to 6 shots can be carried by non commissioned deputies –… Read more »

Vanns40
Vanns40
8 months ago
Reply to  VagiSafe

BWAHAHAHAHAHA

Wild Bill
Wild Bill
8 months ago
Reply to  Vanns40

@Vann, VagiTroll writes, ” We will be introducing a bill,…” Is it signaling that it is a Va. state legislator? Why would a Va. state legislator come to Ammoland to annoy the readership, but a lying scum troll would.

Dave in Fairfax
Editor
Dave in Fairfax
8 months ago
Reply to  Wild Bill

USA, I was given a choice of tinfoil types, ‘course it wasn’t by AmmoLand. What choices were you given?

CourageousLion
CourageousLion
8 months ago
Reply to  VagiSafe

All I can say is I’m

Finnky
Finnky
8 months ago
Reply to  CourageousLion

@CF – I read @VagiSafe’s post as sarcasm. Clearly others did not.
How could anyone posting under that name be posting anything but jokes? I’m all for safe “vagi”s – and for protecting all of them. Expect most here agree with that sentiment.
Hopefully VCDL can keep VA safe as well – just have to defend against Northam…

Dave in Fairfax
Editor
Dave in Fairfax
8 months ago
Reply to  Finnky

Finnky, Seems to me there was something about, “This is what you’re fighting for.” Mebbe I misunderstood. Sure wasn’t Bob Hope.

TheRevelator
TheRevelator
8 months ago

in Fairfax
No, I do believe that was the remark given upon the sailors seeing Lt. Crandall board the Sea Tiger in the movie “Operation Petticoat”.

No doubt it was likely due to the influence of Seaman Hornsby on the rest of the crew. He always did find ways to make a complete swine of himself.

Dubi Loo
Dubi Loo
8 months ago

When tyranny becomes law, revolt becomes duty.

Arizona
Arizona
8 months ago
Reply to  Dubi Loo

So now, basically.

jack mac
jack mac
8 months ago
Reply to  Arizona

USA: When our public servants become more our masters and we become unarmed civilians, sharp sticks will not be allowed.

CourageousLion
CourageousLion
8 months ago
Reply to  Arizona

Time to use those standard capacity magazines at that time. No one is going to line up to surrender their magazines. Well, almost no one.

loveaduck
loveaduck
8 months ago
Reply to  CourageousLion

I read that NY and CT owners were somewhere in the 5 to 15% compliance rate.

Finnky
Finnky
8 months ago
Reply to  Arizona

@USA – Haven’t heard anything recently regarding H. Benitez’s (sp?) ruling on CA 10 round mag limit. Has that case moved forward toward En Bloc (?) hearing? As a nonlawyer, when I read Benitez’s opinion it seemed to check most if not all the boxes – well written and thoroughly supporting illegality and stupidity of magazine size restrictions. If 9th circuit upholds that ruling, any other mag limits will quickly be challenged and if upheld go to SCOTUS. If 9th upholds CA mag ban, even in part – it will almost certainly be challenged in SCOTUS. I for one will… Read more »