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re: Va Gov considers nationalizing the National Guard to enforce gun control.
Posted on 12/14/19 at 9:57 am to WhiteMandingo
Posted on 12/14/19 at 9:57 am to WhiteMandingo
quote:
The national guard swears an oath to the United States not an individual state.
This is not entirely accurate. Until the President of the United States nationalizes those units, they fall under the purview of the individual governors. Legally speaking, the Virginia state government can indeed use the Virginia National Guard for the purposes of law and order.
Here's the rub...how many of them would actually agree to enforce what the Virginia state legislature is proposing? And with a Republican president in the White House, it's not beyond reason that he would nationalize Virginia's Guard units to prevent the governor from violating the Second Amendment rights of Virginians.
3
Posted on 12/14/19 at 10:00 am to RollTide1987
quote:
how many of them would actually agree to enforce what the Virginia state legislature is proposing?
They don't have to follow illegal orders.
Posted on 12/14/19 at 10:06 am to RollTide1987
NG units can be used in three different statuses: Title 32, State Active Duty, and Title 10. In Title 32 and SAD they have the legal ability to be used in direct law enforcement activities (apprehension, surveillance, cfiminal searches, etc.). In Title 10 they can't even conduct traffic control, no DLEA except provide limited material and technical support to local law enforcement.
Posted on 12/14/19 at 10:32 am to RollTide1987
quote:
This is not entirely accurate. Until the President of the United States nationalizes those units, they fall under the purview of the individual governors. Legally speaking, the Virginia state government can indeed use the Virginia National Guard for the purposes of law and order.
Here's the rub...how many of them would actually agree to enforce what the Virginia state legislature is proposing? And with a Republican president in the White House, it's not beyond reason that he would nationalize Virginia's Guard units to prevent the governor from violating the Second Amendment rights of Virginians.
This is 100% correct. Legally, all Trump would have to do is Federalize them immediately. And it would end that UNLESS THE NG refuses that order.
But the mere fact that a 100% controlled DEM legislature is telling you they are willing to do it.....
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