A big thanks to Festus for sharing this article on the VA 2nd Amendment. We must continue monitoring circumstances in VA, NC, and GA. I'm sure other anti-2nd Amendment states will possibly follow course. As the saying goes, voting has consequences.
By Michael Z Williamson at http://www.michaelzwilliamson.com/blog/index.php?itemid=520
Our story so far:
Virginia's legislature got taken over by the Dems since the GOP failed to run quite a few candidates, and due to some gerrymandering and population density issues that are apparently only a problem when they work against the Dems.
As often happens, when one party gets a significant majority, they want to go all-in on achieving their dreams of molding society to their image.
The Dems proposed some very heinous gun control, without any pretense of care about the Constitution either federal or state, morality, or reality.
A whole bunch of counties and towns pre-emptively declared themselves "Sanctuaries," which is apparently A-OK if you're refusing to arrest, jail, and deport illegal alien child rapists, but "treason" if you're refusing to steal people's property under color of law. At least according to the Dems.
So, one US Rep Donald McEachin (D-Deep State)(that's sarcasm, okay?) has proposed having the governor "Nationalize the National Guard" to deal with the problem. (Give him credit. At least he didn't threaten to use nukes, like a certain former presidential candidate. OTOH, if VA actually had nukes, he might have.)
Let me explain this:
The governor can't "nationalize" the National Guard. He can call them to state active duty.
Per Posse Commitatus, they can't engage in law enforcement on Federal orders anyway. On state orders, yes, but, keep reading.
It would also still require a search warrant for every single domicile if they could.
Other than a handful of MPs, none have training for this process. Even if you squint hard at qualifications and add a few others, the actual number of troops qualified to do this is a few HUNDRED at most. The entire VA Army National Guard is about 7500, mostly support.
The National Guard does not keep ammo on hand in any relevant quantities. A small amount for training is it.
Per US Constitution and federal law, the governor CANNOT arm the NATIONAL Guard with federally owned weapons and ammo. He'd have to provide that.
Nor can he arm them without consent of the feds anyway. There are reasons for this. This is one of those reasons.
And the threat to do so is LITERALLY WHY WE HAVE THE SECOND AMENDMENT. Congrats, jerkwad! You've actually threatened to have the military repress people, and you're surprised that they're going to oppose you? EVERYONE should be opposing you. It's outrageous of itself, and and outrageous precedent if allowed.
Not to put too fine a point on it, but there should be politicians hanging from lampposts over this.
Our society started to fail when we stopped tarring and feathering.
But if despite all that, you make the attempt:
First, if they haven't already (US Army NORTHCOM hasn't said anything), I guarantee the Adjutant General and his staff will ask National Guard Bureau for an opinion on any orders, and likely DoD proper, as well as their own legal staff, for opinions on exactly what the orders mean, and their scope and limits. Because with a dual state/federal mission, every one of those officers is putting their career on the line in such an instance. The wrong use or misuse of any federal money or equipment is court martial offense. Low end enlisted can "just follow orders" for the most part, but leadership is expected to know or ask.
On State Active Duty, the troops get paid the same to sit at the armory eating catered meals (because federal funds can't be used and armories don't have huge pantries), and wait for specific orders, or to draw up "plans," as they would to drive around in Hummers looking mean. Which is all they could do because of all the above.
So what will happen is a bunch will call in sick, or "out of state," or "employer really needs me." Volunteers will be few (and not too bright to want to get into the Boogaloo). If you try to issue orders, state level orders don't carry the obligations or penalties of the UCMJ, and the reality that the Guard is part time means they do in fact have a lot of leeway on how fast they report, and what you can actually do if they don't (HINT: very little).
Once they get there, They can't be issued federal weapons or ammo. And of course, if the supply sergeant, armorer, and a couple of others aren't present, the Arms Room can't even be opened. Unless the CO personally wants to issue the order and unlock it. (He doesn't want to do this. The Feds would end his career.)
And then they make "plans" and wait for "guidance," because no one is putting their name on the dotted line without someone they can point a finger at. They'll be playing phone games, posting memes on Farcebook and TWITter, and generally kicking back and enjoying their SAD pay, which is usually tax exempt at the state level. I haven't looked up what that rate is for VA, but it's probably better than $100/day.
If it gets that far, they then drive around and look mean, as I noted, because they literally can't go door to door without police leading the way with a warrant.
If you try to make them do so, most are going to refuse. Good. Because the last time some states took this direction, they got put down hard. This isn't an earthquake, a foreign attack, or even an out of control football riot. You're asking to use military force to attack US citizens for code violations. You thought using SWAT for warrant service was bad? (It is.)
If by some freak of circumstances you get some small number to do so, people are going to die. Given how many veterans are among the population, and there's an entire network of retired special operators and CIA types in that area, the mayhem might even be BIBLICAL. You know: Earthquakes, volcanoes! The dead rising from the grave! Human sacrifice, dogs and cats living together, mass hysteria!
Yeah, I mean it might be a bunch of young, naive Guardsmen who die in three way crossfires by tired old vets who've spent a lot of time in Asia.
I spent 19 of my 25 service years in the Guard. I don't want to see EITHER side of this.
This is why more and more counties are deciding to be "sanctuary" and totally sit this one out.
Good for them.
If you're willing to use military force and murder people over ownership of anything, we're back to tar, feather, and lampposts.
Frankly, since McEachin is theoretically a lawyer, he should already know this. That he doesn't, or couldn't take 10 seconds with Google to find it, speaks poorly of his intellect. I wonder how much actual legal work he did before running for public office.
There were also some idiots on our side railing against the Virginia Adjutant General not "refusing," but merely noting he has no orders and legally has no opinion. Hey, geniouses (sic)! He can't comment on orders he has not received about events that have not taken place or been ordered. The complete non-response was the only legal thing he could do.
WHAT VA RESIDENTS NEED TO DO NOW: Watch for "Compromise." It's standard for the Dems to demand the confiscation of all firearms, and then "Settle" for any number of smaller intrusions--"Assault weapon" bans, "universal" background checks, purchase limits, etc. Don't fall for any rhetoric about how a lesser proposal is "Reasonable." None of it is reasonable, and this is a good opportunity for a peaceful resistance to an outrageous movement.
WHAT EVERYONE ELSE NEEDS TO DO NOW: Keep calm. Spread the word. Agitate against such outrages. Buy more guns. Buy them legally. Buy them privately if you can. Buy more, more, and yet more. There's always the risk we'll reach the point where America tips over. But that's a chance we'll have to take.
Because if it's impossible for the government to seize 300 million weapons (the lowball estimate), it's way more than four times as impossible for them to seize 1.2 billion
Bravo Echo Out