Category: 4th Amendment

Virginia Enters The Roaring Twenties

”Padlock the door and board the windows Put the people in the street “It’s just my job,” he says “I’m sorry.” And draws a check, goes home to eat But at night he tells his woman “I know I hide behind the laws.” She says, “You’re only taking orders.” That’s how every empire falls.” John Prine: That’s How Every Empire Falls”

January 1st, 2020 the beginning of a new decade and what could be a very disturbing spring in the Commonwealth of Virginia. If Ralph Northam and his Democrat led majority continue on the road to gun confiscation and depending on how they proceed with enforcement this new decade could certainly bring a new meaning to the “roaring 20’s”. Without a doubt 2nd Amendment supporters will not go out with a whimper but with a roar.

The Virginia Legislature as well as the governorship and state attorney general’s positions are now controlled by outside interests led by Bloomberg and Soros. Both have funded organizations that brought in millions of dollars into this past years election in order to turn the control of the legislature over to the left. These gentlemen’s agenda is to turn the state and country toward socialism and government control. They are attempting to do this under the guise of making our society safer through gun control, healthier through socialized medicine and equality for all by promoting liberal justices and district attorneys. It is the elite that believe that the average citizen is incapable of surviving without the help of their leadership. This quote from C.S. Lewis states it best: “Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. It would be better to live under robber barons than under omnipotent moral busybodies. The robber baron’s cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience.” This however begs to question whether these leaders are doing this for the good of the people or just for the accumulation of more power? No matter what the motive the people still suffer.

Freedom loving Virginians must draw the line this spring and let Richmond know that they have over stepped. We must show the Governor and his cronies that it is the people of this Commonwealth who will determine their future and not the Bloomberg’s and Soros’s of the world. In reality this is not the roaring twenties returning but the 1770’s when the likes of Patrick Henry, Jefferson, Madison, Mason and Washington took a stance against injustice and tyranny. Once again Virginians find themselves at the forefront of the battle against tyrants. We must show the rest of the country that freedom is precious. As Benjamin Franklin once said: “Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.” 

Sanctuary Counties Need To Stand Strong

It is hard to say how the left will react to the enormous amount of opposition that is occurring throughout Virginia concerning the proposed anti-gun legislation that is being put forth. We have heard that Governor Northam is considering some sort of “compromise” on the “assault weapon” ban by allowing for grandfathering but with forced registration. However, State Attorney General Herring has also come out in an interview published in the Washington Examiner in which he mentioned financial penalties against the offending counties as well as the possibility of using the Virginia National Guard to enforce any new gun laws.

In addressing the so-called compromise that Northam is proposing I would hope that all 2nd Amendment supporters will not be taken in by this. It is not much of a compromise at all considering that if you do not register your firearm you will be considered a felon. If you do register your gun, then what is to stop them from taking it when they remove the grandfather clause later?

When it comes to the warnings of financial penalties or use of the National Guard, I believe these to be empty threats. If the local sheriffs decide that they will not enforce these laws how will Richmond know that the laws are not being enforced? I am sure the sheriffs and their deputies will not be writing reports that indicate their refusal to confiscate an otherwise legal weapon. I do not foresee the local law enforcement agencies going door to door asking to look at your guns or going to the local gun range to see whose guns meet the legal requirements.

In mentioning the use of the National Guard, I must wonder does he plan on sending troops door to door searching for “illegal” weapons? I highly doubt that would happen after all Virginia is not Nazi Germany.  I believe that the governor is smarter than that and would know that any attempt to confiscate weapons in that manner would not only cause Virginians to revolt but would cause outrage throughout the country. In other words, even mentioning the Guard is pure rhetorical BS.

I believe the rhetoric coming out of Richmond now is more of a scare tactic than anything else. It will be hard for them to prove a negative when it comes to localities not enforcing these outrageous violations of our 2nd Amendment rights. They know this and are hoping that by using these empty threats they can somehow gain the upper hand in this fight for our freedoms. Conservatives have for too long given ground on these important issues and it must stop. Bloomberg and Soros have sunk a lot of money into this state in order to turn it blue. They have a socialist anti-gun/anti-freedom movement that they want to promote throughout our country. Virginia is a major battle ground for that movement and we cannot give up, to surrender any more of our God given rights will prove to the left that they can win this battle to turn our country into a socialist state. Many of our country’s founding fathers were Virginians, they gave up so much so we could have our freedoms, we cannot let them down.

The Law Is The Law, Except When It’s Not

Mark Herring stated in an article from the Washington Examiner, “So when Virginia passes these gun safety laws that they will be followed, they will be enforced.” When it comes to the leftist in Richmond it is do as I say not as I do. State Attorney General Mark Herring is proposing the legalization of marijuana in Virginia in opposition to Federal Law.  Governor Ralph Northam vetoed legislation this past spring that would have banned sanctuary cities for illegal immigrants, thus making it possible for localities to ignore federal immigration laws. However, when it comes to the left restricting the right of the citizens to protect themselves you better obey their laws.

There is talk from Richmond about the possibility of cutting off funding to counties that refuse to enforce unconstitutional gun laws, there is even the threat of calling out the national guard to enforce these laws. What would Richmond do if the Federal Government were to cut off all funding to our state because they refuse to follow federal law? What would happen if President Trump were to take over the Virginia National Guard and make them enforce Federal Laws at the state level? I would guess there would be hell to pay.

Well Herring and Northam better beware because if they try to enforce any gun laws that violate the people’s 2nd Amendment rights they better understand the consequences. Having attended several 2A sanctuary rallies as well as keeping abreast of all the others being held throughout the state, I can guarantee that these people will not go quietly. The governor and his cronies will be pitting Virginian against Virginian and it will not be pleasant. These leftist liberals that have taken over our legislature need to realize that this is Virginia not California or New York. Give it up now before there is blood in the streets.

As a final note I am not calling for violence, this issue can be solved without physical confrontation. All it takes is some common sense from the left unless of course it is there intention to create civil unrest. In which case they may get what they ask for.

Red Flag Laws: Confiscation Not Protection

Most red flag laws that have been proposed both on federal and state levels rely on statements form people that accuse someone of being a danger to others or themselves. No actual evidence is needed besides statements from others about an individual. A judge can issue a warrant for the seizure of a person’s firearms without the need for probable cause. The person whose rights have been violated must then go to court to prove his innocence and hopefully be able to retrieve his property.

 How many Constitutional rights do red flag laws violate? Although I am not a Constitutional scholar I can read and from what I can see these laws violate at least four of the Amendments in the Bill of Rights.

2nd Amendment:  … “the right of the people to keep and bear arms shall not be infringed.”

4th Amendment: … “the right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures shall not be violated and no warrants shall issue, but upon probable cause supported by Oath or affirmation…”

5th Amendment: … “nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.”

6th Amendment: … “to be informed of the nature and cause of the accusation; to be confronted with the witness against him; to have compulsory process for obtaining witnessed in his favor, and to have the assistance of counsel for his defense.”

The politicians and organizations that support this Extreme Risk Protection Orders are not in the least bit interested in protecting others. If they were interested in protecting the person from himself or society then there would be something written into these laws to allow for the person in question to be put into protective custody. Although without due process this would also be a violation of the person’s rights but at least it would show that the law is meant for the protection of others and not just about the confiscation of one’s private property.

Red Flag laws like most “common sense” gun legislation is not about making society safer but only about control. The left’s only interest is to disarm the population because a disarmed populous is much easier to manage.  Once the population is unable to defend themselves many of their other God given rights will be restricted as well. We only need to look to Venezuela to see what happens when Socialism takes over and the population is disarmed.

Virginia On The Precipice

I believe we are facing a very challenging time in our Commonwealth. Will it be as bad as we expect during the next legislative session? Probably not. However, I do believe that this will be the beginning of a very slippery slope. I have heard people say that maybe it’s time to move to a state that will respect our Constitutional rights, I have said this myself. That is wrong for the simple fact that we cannot surrender here in Virginia because if we retreat from here eventually there will be no place left to run.

About 29% of the population of Virginia own guns, we need to tap into this group. With a population of 8.5 million we are looking at about 2.4 million gun owners in our Commonwealth, that is significant. If we could get 1/3 of this group to become somewhat involved, we would be looking at a lobbying group of over 800 thousand people.

What is needed to fight these far-left politicians in Richmond is a strong grassroots organization composed of not only 2nd Amendment supporters but those people who do not want their other rights taken away from them. We need to get the word out about how the proposed red flag laws attack our 2nd ,4th, 5th and 6th Amendment rights. If they can use these types of laws to confiscate guns, then nothing is safe from state. If these four amendments can be attacked how long before our 1st Amendment rights are obliterated as well?

Granted we are fighting against a well-funded leftist movement but remember several hundred years ago a rag tag group of patriots were able to defeat the most powerful country on the planet. This war against our freedoms can be won but it will not be easy.

“Hell Yes We’re Going To Take Your AR-15”

In the recent debate among the Democratic Primary candidates Beto O”Rourke made clear his intentions concerning gun control, intentions I believe that reflect the Democrat Party as a whole. He is the one candidate that has made it abundantly clear that if allowed he will confiscate guns. Maybe the others haven’t explicitly expressed this opinion, but we can be sure that behind closed doors they all feel the same way. O’Rourke only mentioned AR-15s and AK-47s but you can be sure that this would only be the first step in the long road to disarming the American public.

I don’t believe that gun confiscation will work quite the way O’Rourke would like it to happen, it will take place in small increments. First will be national Red Flag Laws, laws that are a violation of the first, second, fourth, fifth and sixth amendments. These types of laws which unfortunately seem to be supported by politicians on both sides of the aisle as well as President Trump will do nothing to deter mass shootings. Even if they were somewhat effective in stopping this type of crime it still violates our Constitution.

After red flag legislation is passed and I do fear that within the next year we will see some form of these laws taking effect on a national level, the next step will be universal background checks which in turn will lead to national gun registration.

Once there is a national data base for registering guns, confiscation then becomes very easy. Once the guns are out of the hands of the citizens, tyranny begins. One only must look at what has happened over the last century. In Eastern Europe the Soviet Union and their satellite states of Hungary, Bulgaria and East Germany fell to the hands of totalitarianism once their citizens were disarmed. Hitler’s Germany disarmed the Jews which resulted in over six million deaths. More recently and closer to home we have Castro’s Cuba were most of the citizens were disarmed after the revolution and of course there is modern day Venezuela whose citizens lost the chance to defend themselves and are now starving under the socialist government.

Our Second Amendment was written into the Bill of Rights for a reason and that reason was not to support our right to hunt but to protect us from tyranny. Rest assured that the politicians that support “gun control” have one concern and one concern only. They want a population that cannot resist whatever plans they may have for our future.

Northam Calls Special Session To Promote Gun Control

Governor Northam what is it about “shall not be infringed” that you don’t understand?

Governor Ralph “Infanticide” Northam has called a special session of the Virginia General Assembly to address gun control legislation. This comes less than a week after the tragic mass shooting in Virginia Beach. A couple of bill’s that he is hoping to have brought up are restrictions on high capacity magazines,  a ban on silencers ( which already take a special license to purchase), mandating universal background checks, limiting handgun purchases to one gun a month and what I feel is the worse violation of not only our 2nd Amendment rights but also those rights covered by the 4th  and 5th Amendments and that is the introduction of Red Flag Laws.

None of these proposed laws would have altered the outcome of this tragedy in Virginia Beach. DeWayne Craddock had purchased the two handguns he used on separate occasions months apart. So, a one handgun a month law would not have made a difference. He also had to pass an FBI and Virginia State Police background check both times so a universal background check would not have made a difference. The silencer he used on the handgun as far as I know was purchased legally and requires an even more extensive background check that can take up to 6 months to process and is expensive, and as far as I can tell this is the first time a silencer has been used in a mass shooting in recent history. To ban high capacity magazines which seems to mean anything over ten rounds would also make little difference to anyone who has any experience with semi-auto handguns. It just takes one or two seconds to change out an empty magazine. However a ban on these magazines would negatively affect anyone relying on a gun for self-defense. Most people I know who carry concealed cannot always carry extra magazines and therefore rely on a weapon that has a higher capacity.

Finally, the biggest problem I have with Northam’s proposals is the one for Red Flag Laws, instituting these laws would be the equivalent of legalized swatting. It is supposed to allow people to report someone who they believe may do harm to others or themselves and without any reliable proof the authorities can seize the persons weapons without so much as a court order or allowing the accused to confront his accuser. In most cases the accused does not even know there is a problem until the police or in some cases the swat team is banging on their door. (Here is a previous post were I discuss the similarities of Red Flag Laws and swatting).

To summarize none of these new laws could have prevented the Virginia Beach shooting. The guns were legally purchased, and background checks were done. Magazines with 10 rounds or less would not have made this man decide against going on a shooting spree. The use of a silencer did not make the gun more deadly. The weapons were purchased months apart so the one gun a month law would not have been effective, and the Red Flag Law would not have made any difference since this man gave no sign of being a danger to others or himself. So, what we are looking at from our Governor is just another excuse to push his gun control agenda that he failed to get through during the last legislative session.