Democrat Gov. Ralph Northam’s plan to ban guns from Richmond’s Capitol Square is illegal.
What makes it illegal is Virginia’s SB 245, which became law in 2012. SB 245 was a bipartisan bill restricting the governor’s power during emergencies. It was not only bipartisan, but every member of the Virginia House voted for it. It was not controversial. That vote was 100-to-0 in favor. Gov. Northam himself, a state senator at the time, voted for it.
SB 245, codified at § 44-146.15 with the rest of Virginia’s Emergency Services and Disaster Law, says:
Nothing in this chapter is to be construed to… Interfere with dissemination of news or comment on public affairs… Empower the Governor, any political subdivision, or any other governmental authority to in any way limit or prohibit the rights of the people to keep and bear arms as guaranteed by Article I, Section 13 of the Constitution of Virginia or the Second Amendment of the Constitution of the United States, including the otherwise lawful possession, carrying, transportation, sale, or transfer of firearms except to the extent necessary to ensure public safety in any place or facility designated or used by the Governor, any political subdivision of the Commonwealth, or any other governmental entity as an emergency shelter or for the purpose of sheltering persons.” (Emphasis added.)
The last clause (“except to the extent…”) preserves the governor’s power to restrict possessing and carrying firearms in a “place or facility” used “as an emergency shelter or for the purpose of sheltering persons.” This allows Gov. Northam to prevent guns inside emergency shelters used in places like Virginia Beach during hurricane season. It does not allow him to disarm otherwise law-abiding gun owners peacefully attending a rally in Richmond in January.
As former Virginia Delegate Mike Watson, a Republican, noted this evening: “Del. Tony Wilt & I patroned this bill in 2012 so that no one could declare an emergency in an effort to prohibit citizens from exercising their 2nd Amendment rights.”
If the Associated Press’ report about Democrat Gov. Ralph Northam’s plan to ban guns from Richmond’s Capitol Square is correct, his plan is illegal. The question then becomes what Virginia gun owners, constitutionalists, and Second Amendment supporters are going to do about it.
PS: Could Richmond city officials declare their own emergency and ban guns on Monday? The answer is no. Virginia follows the Dillon Rule, which says municipal governments may do only what the state government has sanctioned. The state has not sanctioned such a move. The Virginia Supreme Court has said: “If there is any reasonable doubt whether legislative power exists, that doubt must be resolved against the local governing body.” (I’m assuming that handguns are being carried with magazine capacities that comply with Virginia law, that the permit for the rally doesn’t list disarmament as a condition, etc.)
This should be watched closely. If our esteemed Democrat governor of Virginia has the state’s lawyers telling him he needs to declare a “temporary emergency” to restrict carrying firearms near the Capitol next Monday morning, that’s one thing. This hypothetical “temporary emergency” would be limited in scope (a few blocks) and duration (a few hours).
I’m not defending this–if we’re going to have rule by executive fiat, we might as well go all the way, invite back the Saxe-Coburg-Gothas, and reestablish a hereditary monarchy. And anyone exercising their RTKBA during this time would presumably face prosecution and jail or prison time. But perspective is useful. While a hypothetical limited-in-scope, limited-in-duration restriction on the RTKBA may be unconstitutional, it is far less onerous than any of the anti-gun bills that the Democrats are marching through the state legislature.
But if this planned “emergency” is open-ended, and not limited in scope and duration, then things start to get worrisome. Also why did the Democrats choose to tip off the AP about this? Floating a trial balloon?
Democrat Gov. Ralph Northam’s plan to ban guns from Richmond’s Capitol Square is illegal.
What makes it illegal is Virginia’s SB 245, which became law in 2012. SB 245 was a bipartisan bill restricting the governor’s power during emergencies. It was not only bipartisan, but every member of the Virginia House voted for it. It was not controversial. That vote was 100-to-0 in favor. Gov. Northam himself, a state senator at the time, voted for it.
SB 245, codified at § 44-146.15 with the rest of Virginia’s Emergency Services and Disaster Law, says:
The last clause (“except to the extent…”) preserves the governor’s power to restrict possessing and carrying firearms in a “place or facility” used “as an emergency shelter or for the purpose of sheltering persons.” This allows Gov. Northam to prevent guns inside emergency shelters used in places like Virginia Beach during hurricane season. It does not allow him to disarm otherwise law-abiding gun owners peacefully attending a rally in Richmond in January.
As former Virginia Delegate Mike Watson, a Republican, noted this evening: “Del. Tony Wilt & I patroned this bill in 2012 so that no one could declare an emergency in an effort to prohibit citizens from exercising their 2nd Amendment rights.”
If the Associated Press’ report about Democrat Gov. Ralph Northam’s plan to ban guns from Richmond’s Capitol Square is correct, his plan is illegal. The question then becomes what Virginia gun owners, constitutionalists, and Second Amendment supporters are going to do about it.
PS: Could Richmond city officials declare their own emergency and ban guns on Monday? The answer is no. Virginia follows the Dillon Rule, which says municipal governments may do only what the state government has sanctioned. The state has not sanctioned such a move. The Virginia Supreme Court has said: “If there is any reasonable doubt whether legislative power exists, that doubt must be resolved against the local governing body.” (I’m assuming that handguns are being carried with magazine capacities that comply with Virginia law, that the permit for the rally doesn’t list disarmament as a condition, etc.)
This should be watched closely. If our esteemed Democrat governor of Virginia has the state’s lawyers telling him he needs to declare a “temporary emergency” to restrict carrying firearms near the Capitol next Monday morning, that’s one thing. This hypothetical “temporary emergency” would be limited in scope (a few blocks) and duration (a few hours).
I’m not defending this–if we’re going to have rule by executive fiat, we might as well go all the way, invite back the Saxe-Coburg-Gothas, and reestablish a hereditary monarchy. And anyone exercising their RTKBA during this time would presumably face prosecution and jail or prison time. But perspective is useful. While a hypothetical limited-in-scope, limited-in-duration restriction on the RTKBA may be unconstitutional, it is far less onerous than any of the anti-gun bills that the Democrats are marching through the state legislature.
But if this planned “emergency” is open-ended, and not limited in scope and duration, then things start to get worrisome. Also why did the Democrats choose to tip off the AP about this? Floating a trial balloon?