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Va Gov considers nationalizing the National Guard to enforce gun control.

Posted on 12/14/19 at 9:47 am
Posted by Jjdoc
Cali
Member since Mar 2016
53475 posts
Posted on 12/14/19 at 9:47 am
quote:

Virginia Democrats, who control the legislature and governorship, have proposed several measures including an “assault weapons” ban, universal background checks, and a red flag law. In response, 75 counties vowed they will not enforce future gun control legislation. Virginia Democratic Rep. Donald McEachin told the Washington Examiner on Thursday that Gov. Ralph Northam “may have to nationalize the National Guard to enforce the law” if local authorities refuse to do so themselves.


Even those who oppose it say he can do it:


quote:

Amy Swearer, a legal policy analyst who works on gun control issues, agreed that the governor has the right to use the Virginia National Guard to enforce the law, though it would break from past mobilizations.

“When you look at the historical reality of when governors or presidents have mobilized the National Guard, it has been to enforce the rights of citizens when they were being infringed upon,” Swearer told the Washington Examiner. “But to suggest the National Guard would be brought in to otherwise peaceful jurisdictions to enforce restrictions on constitutional rights, that would be completely unprecedented in terms of how the National Guard has been used when it’s mobilized to restore law and order.”




Nobody wants to see any of that happen, but it's a hill people will gladly die on.


LINK
Posted by WhiteMandingo
Member since Jan 2016
5607 posts
Posted on 12/14/19 at 9:51 am to
The national guard swears an oath to the United States not an individual state. Until the US gov says its cool they wont be doing shite.
Posted by WhiteMandingo
Member since Jan 2016
5607 posts
Posted on 12/14/19 at 9:51 am to
The national guard swears an oath to the United States not an individual state. Until the US gov says its cool they wont be doing shite.
Posted by Rebel
Graceland
Member since Jan 2005
131420 posts
Posted on 12/14/19 at 9:51 am to
And so it begins........
Posted by KCT
Psalm 23:5
Member since Feb 2010
38911 posts
Posted on 12/14/19 at 9:51 am to
Using an armed militia in order to enforce gun control. You couldn't make this stuff up.

How is this legal? How can Virginia override the 2nd Amendment? I haven't been following this, but looks like somebody would challenge whatever Virginia is trying to do in the courts.
Posted by Clames
Member since Oct 2010
16600 posts
Posted on 12/14/19 at 9:53 am to
Most NG members would simply disobey. Also, only the SecDef and President can Federalize the National Guard and if that happens they become Title 10 and lose the ability to conduct law enforcement duties. Now President Trump could order the Federalization of the Virginia NG, putting them under Title 10 status, then order them to protect gun-owners from Virginia Democrats. The melt would be worth it.
This post was edited on 12/14/19 at 10:00 am
Posted by upgrayedd
Lifting at Tobin's house
Member since Mar 2013
134865 posts
Posted on 12/14/19 at 9:53 am to
quote:

nationalizing the National Guard

Posted by TrueTiger
Chicken's most valuable
Member since Sep 2004
68003 posts
Posted on 12/14/19 at 9:53 am to
quote:

Nobody wants to see any of that happen, but it's a hill people will gladly die on.


Ive had this conversation with many friends.

If the confiscators come, they all agree that they have no choice but to go out in a blaze of glory.

Cold.

Dead.

Hands.
Posted by vodkacop
Louisiana
Member since Nov 2008
7855 posts
Posted on 12/14/19 at 9:53 am to
Nothing like calling out the Stormtroopers to enforce illegal laws
Posted by goatmilker
Castle Anthrax
Member since Feb 2009
64391 posts
Posted on 12/14/19 at 9:57 am to
The State National Guard will not be used to enforce legislation.
That's for LEO.
And that is just ignorant people talking.
Posted by tide06
Member since Oct 2011
11209 posts
Posted on 12/14/19 at 9:57 am to
(no message)
This post was edited on 1/17/21 at 2:19 pm
Posted by RollTide1987
Augusta, GA
Member since Nov 2009
65133 posts
Posted on 12/14/19 at 9:57 am to
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.
Posted by GeauxxxTigers23
TeamBunt General Manager
Member since Apr 2013
62514 posts
Posted on 12/14/19 at 9:59 am to
quote:

The national guard swears an oath to the United States not an individual state. Until the US gov says its cool they wont be doing shite.
They swear allegiance to both the United States and their individual State. The governor certainly has the authority to mobilize them without federal approval. It happens all the time.
Posted by TrueTiger
Chicken's most valuable
Member since Sep 2004
68003 posts
Posted on 12/14/19 at 10:00 am to
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 by GeauxxxTigers23
TeamBunt General Manager
Member since Apr 2013
62514 posts
Posted on 12/14/19 at 10:01 am to
quote:

Most NG members would simply disobey.
Nah. Most would do as they’re told. That’s what soldiers do.
quote:

Also, only the SecDef and President can Federalize the National Guard and if that happens they become Title 10 and lose the ability to conduct law enforcement duties.
This is what will happen if the VA governor tries to use the guard to enforce new gun laws.
Posted by keks tadpole
Yellow Leaf Creek
Member since Feb 2017
7582 posts
Posted on 12/14/19 at 10:02 am to
It going to take a lot of search warrants to verify all of the boating accidents.
Posted by vodkacop
Louisiana
Member since Nov 2008
7855 posts
Posted on 12/14/19 at 10:03 am to
The governor didn't say it but one of his useful idiots, a Virginia congressman, said it.
Posted by Janky
Team Primo
Member since Jun 2011
35957 posts
Posted on 12/14/19 at 10:04 am to
This VA governor is going to frick around and turn the state red again.
Posted by Clames
Member since Oct 2010
16600 posts
Posted on 12/14/19 at 10:06 am to
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 by RollTide1987
Augusta, GA
Member since Nov 2009
65133 posts
Posted on 12/14/19 at 10:09 am to
quote:

Most would do as they’re told. That’s what soldiers do.


Soldiers don't have to obey an unlawful order. Any order that violates constitutional rights of citizens is an unlawful order.
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