Virginia’s top law-enforcement officer says the resolutions local governments have been passing to declare themselves exempt from proposed gun safety laws have no standing.
Attorney General Mark Herring, a Democrat, issued an opinion Friday saying the Second Amendment Sanctuary resolutions have “no legal effect,” and that localities and constitutionally sworn officers like sheriffs and commonwealth’s attorneys must enforce any gun new gun laws passed by the General Assembly.
“When the General Assembly passes new gun safety laws they will be enforced, and they will be followed. These resolutions have no legal force, and they’re just part of an effort by the gun lobby to stoke fear,” Herring said in a statement.
The Virginia Citizens Defense League, a gun-rights advocacy group, has been leading the charge to convince city councils and county boards of supervisors to declare themselves “Second Amendment Sanctuaries,” and at least 100 localities have done so in the nearly two months since state Democrats won majorities in both the House and Senate, according to the group.
Democrats have vowed to pass legislation they say would curb gun violence, including universal background checks, limits on the number of handguns purchased each month, requirements to report lost or stolen guns, and bans on “assault-style” firearms.
Citing the state code, Supreme Court and constitution, Herring said the localities haven’t been granted the authority to exempt themselves from such laws or declare the laws unconstitutional.
Outgoing House Majority Leader Todd Gilbert, R-Shenandoah, said in a statement Herring’s opinion is contradictory to his decision not to defend Virginia’s ban on gay marriage in 2014 after it was challenged in court. He also noted a number of Democratic Commonwealth’s Attorneys have said they won’t prosecute marijuana possession cases.
Herring’s opinion was requested by Del. Jay Jones, a Democrat from Norfolk who is about to start his second term in office.
“I agree that these resolutions have ‘no legal effect’ and I appreciate the clarity as we head into the 2020 General Assembly session,” Jones tweeted Friday.
The second amendment resolutions differ from so-called sanctuary cities — which aim to limit their cooperation with federal immigration authorities — because only the federal government is required to enforce federal immigration law.
A VCDL email to members on Thursday said some resolutions are stronger than others.
“The important thing about all the resolutions is that they are sending a powerful message to Richmond that gun owners are not in any mood for more gun control aimed at the law abiding,” the email said.
The VCDL took particular aim at Suffolk, whose city council passed a unanimous resolution this week but, according to the group, “did not state the city stands with its citizens nor did it discourage more unconstitutional gun control from Richmond.”
The General Assembly session begins Jan. 8.
Marie Albiges, 757-247-4962, malbiges@dailypress.com
