Another Virginia County Says It Won't Abide By New Gun Laws. Can It Do That?

[appalachiablue]

NPR, Dec. 26, 2019. Fauquier County is the latest in Virginia to declare it would defy any new gun legislation passed by the state legislature's incoming Democratic majority. The county's board of supervisors voted unanimously this week to adopt a resolution designating Fauquier as a "Constitutional County." Fauquier's resolution says the county vigorously opposes any measure that "infringes upon the right to keep and bear arms."

The declaration differs virtually only in name from similar designations among the more than two dozen Virginia counties that have dubbed themselves "Second Amendment sanctuaries."

Legal experts say the proclamations are largely symbolic, and that law enforcement agencies cannot legally refuse to uphold the law. Virginia Attorney General Mark R. Herring has said such laws have no "legal effect." While it's illegal to enforce so-called "Second Amendment sanctuary" resolutions, gun rights advocates across the state have urged local lawmakers to continue passing such acts.

Rich Schragger, a professor at the University of Virginia School of Law, told WAMU earlier this month that the resolutions underscore Republicans' concerns surrounding tighter gun regulations that are expected to pass when Democrats take control of the state legislature next month.

Democrats captured majorities in Virginia's House and Senate for the first time in two decades due — in no small part — to sizable investments from gun control advocates. In turn, they have promised to fight for gun control measures that their Republican predecessors have stalled...

https://www.npr.org/local/305/2019/12/26/791563510/another-virginia-county-says-it-won-t-abide-by-new-gun-laws-can-it-do-that



- Democrats seized control of Virginia's General Assembly earlier this year and are expected to push for stricter gun control laws. In response, some Virginia counties are declaring sanctuary status, a move inspired by immigration reform efforts last year.

[underpants]

1. No. The Dillon Rule covers this

Good full article here

https://www.dailypress.com/virginiagazette/va-vg-2nd-amendment-sanctuary-1207-20191206-353fdwowfrg3rfnayohhidv7pe-story.html

“Opponents would argue that the state has significant authority to prevent localities from adopting or enforcing any ordinance, resolution or motion which is in conflict with state law,” wrote Benjamin Melusky, a political scientist at Old Dominion University, in an email. He cited the Virginia Supreme Court’s decision in the 1980 Tabler v. Fairfax County case, which upheld the state’s Dillon Rule status and the state’s legislative supremacy over local governments, as a powerful weapon for that argument.

As a Dillon Rule state, Virginia localities are subject to a narrow interpretation of local authority in which localities can act only insofar as the state government will allow it. The U.S. Supreme Court has upheld the Dillon Rule and its features apply to most states. Broadly speaking, such municipalities can only exercise powers specifically afforded them by the state government, according to the National League of Cities.

Robert Leider, a law professor at George Mason University, argued there’s no Dillon Rule issue, rather a question of “conflict preemption,” which holds that in cases in which local law conflicts with state law, state law prevails.

[appalachiablue]

2. Glad to know, thanks for posting. Crazy Va people