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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TheRevelatorMackJimMikialUSA Recent comment authors
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Mikial
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Mikial

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

ColdeadHands75
Member
ColdeadHands75

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

Jim
Member
Jim

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

Arizona Don
Member
Arizona Don

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
Member
Jim

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

Dixie
Member
Dixie

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

CourageousLion
Member
CourageousLion

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
Member
Finnky

@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.

USA
Member
USA

Finnky, The militia is for Americans who have rifles and who will stand up for the Constitution, I’m fairly certain it is not for those who openly confess that they are going to run and hide at home. Militia doesn’t support dead weight. You’re either going to provide a service to the American people or get the heck out of the way.

Finnky
Member
Finnky

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

USA
Member
USA

Finnky, You say you’ll be tending to your family while Patriots defend you and yours and unless your elderly, disabled or an old Vet it’s pretty lame to hide behind others. Your advocacy is directed at law abiding Americans who aren’t starting anything, there is nothing to stop on this side of the issue. Go plead your case to those who are breaking the law not those who are in compliance to it. Even my Coon dog is smart enough to know which tree the Coon is actually in.

TheRevelator
Member
TheRevelator

@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
Member
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
Member
jack mac

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

Doszap
Member
Doszap

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.

USA
Member
USA

Dos, Look to New York where the Jews are openly packing guns now to include AR-15’s with 30 round mags and Tactical vests to determine the future of “gun control” because they DO NOT COMPLY.

CourageousLion
Member
CourageousLion

Really? Do you have more information about this development?

USA
Member
USA

CL, Yeah, really, you don’t get out much do ya.

Finnky
Member
Finnky

@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 »

USA
Member
USA

Read more: https://www.ammoland.com/2020/01/virginia-january-20-will-be-the-most-important-lobby-day-ever/#ixzz6AeoC6a25 Under Creative Commons License: Attribution Follow us: @Ammoland on Twitter | Ammoland on Facebook Finnky @USA – Lobby day is about presenting an image to lawmakers, the media, and the general populous. While most of us see things differently, the average urban or suburban voter (who legislators care about) sees rifles as being for combat or hunting. Most of those believe they can at a glance classify a rifle’s purpose as combat or hunting – and immediately apply that judgement to the person carrying it and all who (they perceive to be) associated with them. Thus there… Read more »

Jim
Member
Jim

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
Member
Ryben Flynn

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

Stripeseven
Member
Stripeseven

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
Member
Doszap

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
Member
joefoam

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.

Bowserb46
Member
Bowserb46

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
Member
Doszap

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

CourageousLion
Member
CourageousLion

By WHATEVER MEANS NECESSARY.

Gene Ralno
Member
Gene Ralno

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
Member
Mack

“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
Member
Wild Bill

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

Mack
Member
Mack

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.

USA
Member
USA

Mack, I didn’t take you as being harsh at all and I’m quite familiar with what harsh is. Colorado Republicans are plenty harsh because our state is also being destroyed and I’m not about to go lecture people who are being destroyed for quite obvious reasons. Like Virginia, Colorado is lost, for now and as the disease spreads Americans in other states may become harsh in the heat of battle but I’m certain us patriots appreciate Dean for his writing although some are butt hurt so goes life. What can one expect when at war with DemoNazi cannibals.

Mack
Member
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
Member
CourageousLion

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

Mack
Member
Mack

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
Member

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
Member
Vanns40

BWAHAHAHAHAHA

Wild Bill
Member
Wild Bill

@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.

USA
Member
USA

WB, Not their first post here although Ammoland has told me to take off my aluminum foil hat for pointing out the deep state is here on this site. Think I’ll keep my foil.

Dave in Fairfax
Editor
Dave in Fairfax

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

CourageousLion
Member
CourageousLion

All I can say is I’m

rotflmfgo.jpg
Finnky
Member
Finnky

@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

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

TheRevelator
Member
TheRevelator

@Dave 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.

Oldvet
Member
Oldvet

Hmmm…Seems someone writing the above had his head out in the fresh air …also if one sheriff were forced in court to release those deputies , the sheriff in the next county could deputize them immediately . As they say going thru court takes time .

USA
Member
USA

Calirginia

Dubi Loo
Member
Dubi Loo

When tyranny becomes law, revolt becomes duty.

Arizona
Member
Arizona

So now, basically.

USA
Member
USA

Arizona, They just introduced a bill that essentially bans nearly every magazine in the state from what I read so revolting may be off since those banned mags are felony crimes under the new law. Gotta have mags to revolt. Give em a couple more weeks and they’ll be down to Bows and Sling Shots.

USA
Member
USA
Finnky
Member
Finnky

@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 »

jack mac
Member
jack mac

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

USA
Member
USA

jack, Exactamundo but don’t worry they aren’t coming for the guns………………….

CourageousLion
Member
CourageousLion

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.

USA
Member
USA

CL, Well, if everybody is felonized then how is “gun control” going to remain in place. *think

loveaduck
Member
loveaduck

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

USA
Member
USA

Love, I read somewhere the Moon is made of Swiss Cheese.