VA Supreme Court Denies Gun Rights To Peaceful Protesters

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If you’ve been reading this site, then you are aware of the gun ban that Virginia Governor Ralph Northam implemented based on supposed threats of violence which the State Capitol Police did not confirm.

As a result of the questionable basis for Northam’s declared state of emergency and gun ban which goes in direct contradiction with a law passed in 2012 (see here for details), Gun Owners of America and the Virginia Citizens Defense League asked courts to issue an injunction to the gun ban (see here for details).

Unfortunately, the Virginia Supreme Court betrayed gun owners (and Virginia law) in their ruling on this request. Denise Lavoie, of the Associated Press, writes,

Virginia’s highest court on Friday upheld a ban on firearms at a pro-gun rally in the state’s capital next week, an event that authorities feared could erupt in violence at the hands of armed extremists.

Gov. Ralph Northam earlier this week declared a state of emergency and issued an executive order banning all weapons from the Capitol grounds in Richmond, saying the state had received credible threats of “armed militia groups storming our Capitol” during an annual gun-rights rally scheduled for Monday.

Gun-rights groups sued, but a Richmond judge on Thursday denied their request to lift the ban, citing rulings from the U.S. Supreme Court and other courts that the Second Amendment right to bear arms is not unlimited. On Friday, the state Supreme Court agreed and upheld the ban.

Of course, the Virginia Attorney General brought up the specter of Charlottesville in his arguments for the gun ban. Nevermind that legal gun owners (in other words, the only ones who will be impacted by the gun ban) are the ones who obey the laws. Aaron Bandler writes,

A newly-released report suggests that concealed carry permit holders are the most law-abiding citizens in the U.S.

The report, written by Crime Prevention Research Center president John Lott, notes that it is “very rare for permit holders to violate the law” and compares the crimes committed by permit holders to police officers and the general population. The police committed 103 crimes per 100,000 officers, while the general population committed 3,813 per 100,000 people, 37 times as much as the police crime rate.

And yet, the same metric shows an even lower crime rate for permit holders.

Yet, the Virginia Supreme Court rules against those who actually follow the rules.

It’s this kind of blatant anti-gun bias which caused the #VAGunRightsRebellion to start in the first place.

13 COMMENTS

  1. Court’s decision on District of Columbia v. Heller on Jun 26, 2008:
    HELD: Delivered by Scalia; joined by Roberts, Kennedy, Thomas, Alito
    The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home. The Antifederalists feared that the Federal Government would disarm the people in order to disable the citizens’ militia, enabling a politicized standing army or a select militia to rule. The response was to deny Congress power to abridge the ancient right of individuals to keep and bear arms.
    SO WHERE DOES THIS JUDGE FROM RICHMOND GET HIS INFORMATION FROM??!!!

    • The judge, like most liberal judges, uses an eisegetical rather than exegetical approach to reading not only the Constitution and its supporting documents, but also even SCOTUS rulings. He likely believes that the Heller Decision ONLY applies to FEDERAL enclaves as many liberals have claimed.

      However, the SCOTUS McDonald v. Chicago, 561 U.S. 742 (2010) Decision ruled that the Heller Decision applied to the States thought the Incorporation Principal of the 14th Amendment. Thus the VA SC Decision is unconstitutional under US law due to the Supremacy Clause of the Constitution.

      The State’s approach is that anyone arrested for violating their unconstitutional law will not have the financial means to to to the US SCOTUS. In other words, it’s outright intimidation.

  2. sounds like it is time for all PATRIOTS to move out of the traitorous Virginia….. another state lost to liberal dumbocraps…. hope you are proud of yourselves Virginians… you are now learning why REAL PATRIOTIC CITIZENS TAKE THEIR RESPONSIBILITY/DUTY TO VOTE SERIOUSLY… IF you don’t defend and fight for your FREEDOMS AND RIGHTS…GOVERNMENTS WILL ALWAYS TAKE THEM AWAY..

  3. VA gun owners, especially those who own companies, would do well to move out of VA lock, stock and barrel. Some companies did that in CO and every bit lost will hurt. Maybe those pro-gun counties should accept the idea of seceding from VA and joining WV. That would be better than MD.

  4. The attacks on the second amendment are just the beginning of a police state which is just what the demonrats want. The Second Amendment is as plain as day in what it says. The rights of the people to keep and bear arms shall not be infringed! We the People are the malicha (misspelled). The states only rights are those not reserved to the federal government. If we want to be free we must oust all the anti-freedom government officials every where. We have been losing our freedom since the 1900 century and ever so slowly they are instituting a serfdom the exact thing we fought against in the revolutionary war. Wake up America we must stand up and fight this or we will be living in chains

  5. And people wonder if there will be a civil war in this country. Things like this will tend to push the people that way. Constitution gives people rights.

    • You are wrong the Constitution does not and never has given the people any rights, it is supposed to protect the rights that the people have naturally , not intrude on them. But that is part of the problem to many people have the mistaken belief that the Constitution gives rights and it does not and never has.

  6. Pool your money and take the state government to the federal supreme court for a violation of the first amendment rights. The state will claim the 10th but the state’s rights thing, I don’t think will fly

  7. This is the major problem with the East Coast, we are loosing it state by state through the Demo-Rats and Liberals, Me, Ma, RI, Conn, NY, NJ, MD, Del, now Va, and I’ve been watching what is going on in Pa, they are sliding towards rules against gun owners there also!

  8. Idiots in charge of your life!There is no need to leave Virginia. The fight is there! Where are you going to go? Here in NC, the democratic party liberal commies are attempting the same thing. Apparently guns are racist, Monuments are racist, two have been torn down within 10 miles of me. Downtown Durham, (yeah, Duke professors & students & NCCU, (hbcu), profs & students led the charge), Chapel Hill, UNC–with their Army of professor thugs led an Army of student thugs to tear down Silent Sam–a memorial to the UNC students who fought and died to defend their homes from an invading Army! How many of them would be willing to fight and die for their State, their Country? Slim to none–instead–if we take all the guns away, the whole wide world would be safe. Good luck with that one. The bad guys will keep theirs and continue to use them against the law abiding citizens who, without the right to defend themselves, will be easy prey. “If we don’t hang together, then we will surely hang separately”. From the War for Independence–not sure who said it or if the quote is exact–but the sentiment is the same! De Oppresso Liber!

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