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The Virginia Gun Rights Conflict: Best And Worst Case Scenarios

Brandon Smith
January 16th, 2020
Alt-Market
Comments (14)

This article was originally published by Brandon Smith at Alt-Market.

In my article ‘Trump Impeachment And The Civil War Scenario’, I warned that conservatives and leftists are being pushed to the brink of a shooting war using various methods of social manipulation and 4th Gen warfare and that this conflict, if dictated by gatekeepers of the false Left/Right paradigm, would only benefit establishment elites in the long run. Internal division among the public is designed to keep us at each other’s throats while losing focus on the real enemies.

Hardline Democrats and the social justice cult are merely a symptom of the disease, they are not the source of the disease. However, I also acknowledge that the rift between conservatives and the political left has become so extreme that reconciliation is almost impossible. War might be unavoidable, and the globalists love it. If they can pretend like they had nothing to do with creating tensions, and if conservatives are so blinded by anger against Democrats that they refuse to admit that some of their own political leaders (including Trump) have been co-opted, the elites win.

The danger in any civil war is that BOTH sides end up being manipulated and controlled and that the situation is maneuvered towards an outcome that only serves the interests of a select few.

Virginia may be a testbed, a trial run for a nationwide conflagration, and if it does hit a point where state officials compel a violent response from the citizenry, then it is important that liberty advocates remain vigilant and steer clear of incompetent or controlled leaders.

It is also important that they remember there is a much larger agenda at play here; the Democrats may be useful idiots fueling that agenda, but most of them are oblivious to their role. Our fight is not with the Democrats, our fight is with the globalists that influence them; the same globalists that are trying to influence us.

First and foremost we have to address the propaganda because all wars begin first in the public consciousness.  The current situation in Virginia remains a battle of political rhetoric and “fluid” interpretations of the law. Here are the arguments I’ve seen from the political left so far on the issue of 2nd Amendment Sanctuaries:

Leftists argue that sanctuary county resolutions are “purely symbolic” and have no force of law behind them.

This is a rather naive (perhaps deliberately naive) position, as it ignores the fundamentals. The force of law is either compelled by conscience, or it is compelled by violence. The law itself is meaningless without these two factors.  If groups of citizens choose not to follow a law because they find it morally reprehensible, there is nothing the state can do except try to frighten them into compliance with the threat of violence. The concept of law by itself has no energy and claiming that something is “right” because it is now “law” is not a valid argument.

In the case of anti-gun laws in Virginia, the VAST majority of counties in the state and the people in those counties have made it clear that they will not comply. The leftists have completely ignored this fact by simply saying “They have to comply because the law says so…” This is the type of attitude that leads to war.

Leftists argue that state laws supersede county authority and there is no legal standing for sanctuary resolutions.

The problem with this argument is that it ignores the fact that constitutional protections provided by the Bill of Rights supersede ALL other laws. It does not matter if attempts are being made by state governments or the federal government to degrade constitutional rights, the people are empowered to refuse and fight against ANY laws which violate constitutional rights.

For example, Democrats often bring up the history of Jim Crow Laws as a rationale for Federal intervention in the legal affairs of states. Jim Crow laws were segregation laws passed by state governments, and in many cases, there was resistance on a public level to these laws. Democrats like to cite Jim Crow laws whenever conservatives argue for states’ rights and 10th Amendment nullification of unconstitutional federal laws. They have conveniently memory-holed the issue whenever state laws are working in favor of their agenda.

The bottom line is this: The constitution and Bill of Rights take precedence over all other laws in the US, and if Democrats are going to use legal technicality as their foundation for draconian gun control measures, then they really have no leg to stand on. If their argument is that citizens and counties have no legal right to nullify state laws no matter how immoral or unconstitutional, then what would they say if a state government brought back Jim Crow or legalized slavery? Virginia’s gun control efforts are no different.

Leftists assert that new laws in Virginia are “standard” because similar laws have been passed in other states.

This is the totalitarian tip-toe at work. Once an unconstitutional law is passed in California, New York or Illinois, this, therefore, means that the laws have become “standard” and are thus acceptable.

An unconstitutional law is an unconstitutional law. It does not matter how many states pass such a law and proclaim it normal or standard. The people of Virginia have announced en masse that they have no intention of following new gun control laws. The people have spoken, over 90% of counties in Virginia have passed 2nd Amendment resolutions with the support of the citizenry. Democrats gaining seats in an election does not give them the power to deny constitutional rights to Virginians.

Beyond this, the Virginia laws are nowhere near standard. Clearly, Virginia is being used as a testing ground for Red Flag laws in particular, which are the most concerning. Red Flag laws allow gun confiscation without due process based on ambiguous accusations backed often by zero evidence; it is prosecution and punishment without representation or defense. Red Flag gun laws are a means by which the state can violate your rights while circumventing due process.

(I will make a note here that leftists aren’t the only people that are pushing for Red Flag laws.  Donald Trump is a vocal supporter of them as well)

The numerous laws Virginia’s government hopes to implement set the stage for the incremental removal of all gun rights.  Currently, at least four of these laws have been advanced by the Virginia Senate Judiciary Committee and many more are expected to be implemented by the end of this month.

They are pushing the envelope to see how far they can move the boundary of what is “standard” when it comes to anti-gun laws. The people of Virginia know this is the agenda. It has ALWAYS been the leftist agenda (not to mention a globalist agenda) to seek out total disarmament of the population while claiming they only want “reasonable safeguards”. This is unacceptable, and will not be tolerated.

Leftists argue that law enforcement authorities that refuse to enforce new gun laws risk losing their “official immunity”.

I’m not sure that “official immunity” has anything to do with the enforcement of gun laws; it is meant to protect LEOs from civil litigation while conducting normal ministerial duties. This sounds more like a thinly veiled threat against county officials and law enforcement who refuse to comply. It is also an empty threat.

County officials cannot be compelled by the state to actively enforce unconstitutional gun control laws, nor can the state force a county to set aside funds for such an effort. In the case of county sheriffs, these are officials elected by the people of the county, and they answer to those people first, and state government second. County officials can be punished for breaking the law, but they cannot be punished for not enforcing the law to an arbitrary degree that the state sees as acceptable.

Leftists are pursuing other more aggressive avenues to enforce new gun laws.

Representatives of the state government have threatened the possible use of the national guard to force counties to comply. They have made a budget proposal for $6.5 million to form a new “sex offense and firearms investigation unit”, which they deny will be used as a goon squad to enter into sanctuary counties and enforce new gun laws by circumventing local law enforcement, much like the federal government uses the FBI or ATF to circumvent state authorities when it pleases them.

Finally, the Virginia government is also seeking at least $250,000 to be allocated to prisons, and this is directly tied to the new gun laws and the people that will be imprisoned by them.

The governor of Virginia claims that he supports grandfathering in existing guns as long as they are registered in the new state database.  Of course, gun owners know from history that the first step towards total confiscation is forced registration.   The mainstream media has suggested that anyone who thinks these budget changes are in preparation for arresting gun owners is a “conspiracy theorist”.

They had better be right because the government of Virginia should know that if they did compel such actions it would be a detrimental mistake.

The national guard of Virginia is made up of the citizens of Virginia, and many of these people may not comply either. If they do, or if the state establishes an enforcement arm to target individual citizens to make examples out of them, the most likely outcome is that people will defend themselves and their constitutional rights. People on both sides might be hurt in the process.

The question then arises: Are these laws worth dying for? I can say with some authority as a long-time activist in the liberty movement that the majority of conservatives are willing to risk death to protect their rights. Are state authorities willing to risk death to enforce unconstitutional laws? Because that is where this situation is headed…

Leftists claim that 2nd Amendment sanctuaries are not comparable to illegal immigrant sanctuaries.

Leftists are correct, the two situations are NOT the same.  Illegal immigration is not a constitutionally protected right, and gun ownership is.

I find it fascinating that not long ago leftists and statist Republicans were arguing fervently against the idea that states and municipalities could nullify federal law.  During the 10th Amendment and nullification uprisings that led to such confrontations as Bundy Ranch, these people viciously attacked anyone that supported sovereignty activism.  They used to claim that the federal government was the alpha and the omega; the final word.  Now, suddenly, leftists have pulled a u-turn and are attempting to assert sovereignty rights for illegals in sanctuary states and cities.  Again, illegals are not afforded constitutional protections, gun owners are.

One could try to make a moral argument in favor of protecting illegal immigrants from deportation, but there is no legal argument.  And, I could easily present a far superior moral argument against illegal immigration than they ever could in favor of it.  I would have to write a whole other article to cover this issue in-depth, but it is important to point out the double standards and hypocrisy inherent in the leftist position.

Leftists argue that this is only about Virginia.

Conservatives don’t see it that way. A conflict in Virginia will likely attract thousands of people from outside the state, because the view will be that the line is being drawn there.  It may also spread beyond Virginia into other states with unconstitutional gun control measures.

Now, it’s important for conservatives, especially those that actually live in Virginia, to understand that there will be con men and shysters who will show up out of nowhere and try to exploit the situation to elevate their own careers or public image. They will try to make as much money as they can while shamelessly self-promoting. They will pretend to help while offering substandard advice and substandard training. And if the manure hits the fan, these guys will suddenly disappear as quickly as they arrived.

There will also be people who will try to steer the conflict towards a left vs right paradigm, as I noted earlier. Sanctuary counties should maintain local leadership and local representation in these matters to avoid being manipulated. If people outside the state want to help, then they should be fine with doing this under the supervision and management of the locals.

The best possible scenario would be that the state government of Virginia realizes that it’s not worth it to try to enforce unconstitutional gun laws and that the risks are far too high to manage. They would abandon such endeavors and recognize that counties will not comply even if they try to apply leverage to them.

My suspicion is that the state will try to enforce laws quietly and incrementally at first, arresting a handful of violators and activists over the course of several months to make examples out of them while test running Red Flag laws for backdoor confiscation.  They will wait for the activists to quiet down and go home.

The worst-case scenario is that this is an establishment beta test for the rest of the country and that they may WANT to start a conflict in the hopes that this will spread into a national civil war.  This kind of scheme would require accelerated and violent enforcement of gun laws by Democrats in Virginia to elicit an immediate response.  If this is the case, and a wider conflict is triggered, conservatives MUST NOT lose sight of the bigger picture. The globalists should be the focus of our ire; the democrats are being used. A conflict-based only on the political division will mean defeat for us all, and a win for the elites.

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Author: Brandon Smith
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Date: January 16th, 2020
Website: https://www.alt-market.com

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14 Comments...

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  1. “Are state authorities willing to risk death to enforce unconstitutional laws?”

    Why not charge, hold, and PROSECUTE them for breaking the supreme LAW and ALL governmental employees – elected, hired, contracted, etc – supreme contract and constitutionally required Oaths? (listed below)

    “Illegal immigration is not a constitutionally protected right, and gun ownership is.”

    Hence the term “illegal”, and, constitutionally delegated to the feds, federal immigration policies to get into our nation.

    Dr. Vieira put it this way: “This has nothing to do with personalities or subjective ideas. It’s a matter of what the Constitution provides… The government of the United States has never violated anyone’s constitutional rights… The government of the United States will never violate anyone constitutional rights, because it cannot violate anyone’s constitutional rights. The reason for that is: The government of the United States is that set of actions by public officials that are consistent with the Constitution. Outside of its constitutional powers, the government of the United States has no legitimacy. It has no authority; and, it really even has no existence. It is what lawyers call a legal fiction.
    … the famous case Norton v. Shelby County… The Court said: “An unconstitutional act is not a law; it confers no rights; it imposes no duties. It is, in legal contemplation, as inoperative as though it had never been passed.”
    And that applies to any (and all) governmental action outside of the Constitution…”. What are the defining characteristics of a limited government? They are its disabilities; what it does not have legal authority to do.
    Look at the First Amendment… What does it do? It guarantees freedom of speech, freedom of press, freedom of religion.
    But how does it do that? I quote: “Congress shall make no law abridging the freedom of speech or of the press” etcetera. “Congress shall make no law;” that’s a statement of an absence of power. That’s a statement of a disability.” (end Dr. Vieira quote)

    Federal law regulating oath of office by government officials – state and federal – is divided into four parts along with an executive order that further defines the law for purposes of enforcement.

    5 U.S.C. 3331, provides the text of the actual oath of office the three branches of our government, the military, all law enforcement, the heads of the States, all federal employees are required to take before assuming office.

    5 U.S.C. 3333 requires the three branches of our government, the military, all law enforcement, the heads of the States, all federal employees sign an affidavit that they have taken the oath of office required by 5 U.S.C. 3331 and have not or will not violate that oath of office during their tenure of office.

    18 U.S.C. 1918 provides penalties for violation of oath of office described in 5 U.S.C. 7311 which include: (1) removal from office and; (2) confinement or a fine.

    5 U.S.C. 7311 explicitly makes it a federal criminal offense for anyone employed in the United States Government to “advocate the overthrow of our constitutional form of government”.

    The definition of “advocate” is further specified in Executive Order 10450 for the purposes of enforcement supplements 5 U.S.C. 7311. Executive Order 10450 provision specifies it is a violation of 5 U.S.C. 7311 for any person taking the oath of office to advocate “the alteration … of the form of the government of the United States by unconstitutional means.”

    It is important to realize that our form of government is defined by the Constitution of the United States. That according to Executive Order 10450 and 5 U.S. 7311 any act taken by government officials who have taken the oath of office prescribed by 5 U.S.C. 3331 which alters the form of government other then by amendment, is a criminal violation of the 5 U.S.C. 7311.

    Brookfield Construction Company V. Stewart 284 F Sup. 94: “An officer who acts in violation of the constitution ceases to represent the government.”

    • You nailed that Cal. I am actually watching a seminar Dr. Vieira put on in 2009. He ought to be on the Supreme Court. It looks like VA needs to find a prosecutor to initiate the process of indictment, arrest, and prosecution. What say you?

  2. Clown World says:

    “Leftists argue that sanctuary county resolutions are “purely symbolic” and have no force of law behind them.”

    Lefitsts say that law comes from the barrel of a gun, their gun — in spite of a Supremacy Clause.

    “…it is important that liberty advocates remain vigilant and steer clear of incompetent or controlled leaders.”

    ie, bump stocks ad red flag laws.

    If cooler heads prevail, they can still find some Marinus van der Lubbe figure to scapegoat.

    It always seems to be his fault.

  3. Confederate Bill says:

    Does the fight end when Democrats pass their un-Constitutional laws? The answer is a resounding NO.
    There will be virtually no compliance of gun owners with registration of their firearms, and you can certainly bet they will not just voluntarily hand in their firearms (better known as confiscation). I suspect the “authorities” will conduct a few of some type of high-profile confiscations, and even provoke a few contrived incidents for the MSM to show the “need to confiscate”.
    The anti-civil rights Dem.s have awoken citizens all across the commonwealth by their efforts to drastically affect private gun ownership. It has made them aware the ultimate intent is actually curtail all rights in general, and to establish the state as the dominate force in people’s lives.
    Local Police and elected Sheriffs Dept.s (more than 92 % of them in the state) are solidly against these new “laws”. Not only must there be non-violent private non-compliance, there must also be local public authorities flouting of these laws. It must be shown that state officialdom is powerless, to rub it in their noses. They can pass laws on paper, but these laws in reality will have no effect. State level officials that are traitorous to the Constitution must be seen as utterly contemptible and discredited by citizens. That officialdom is not a force for good but in fact little more than a statist / authoritarian / collectivist / fascist force desiring to impose its will on the people, for its own purposes.
    Many of these new “laws” will end up in court, which will work its way up to the 4th federal circuit court. Unfortunately, the 4th has shown it is a liberal court, so they will likely uphold the new un-Constitutional anti-gun laws in Virginia.
    Until conservatives become the majority again in the legislature, the solution for now will be just mass and unwavering non-compliance. No doubt a later conservative legislature will overturn these “laws”. The fight may last a few years but pro 2nd Amend. citizens will win.
    Meanwhile, the citizens should engage and press unremittingly against state officialdom in a vast number of ways, to bog down the state gov’t, to tie it in knots, to embarrass officialdom, to cost them, to render it of no effect. There are a variety of issues to make big headaches for officialdom.
    The Dems. in the state legislature also have other nefarious plans to address what they call “institutional racism” in Virginia. There are fights on other fronts too. The leftists will not prevail.

  4. Yertost says:

    “The Warning”. – Justinian Deception.

    We have been taken over from within! By the criminal use of Maritime Law on the Land. Performed by the Vatican.

    https://www.youtube.com/watch?v=9oO5qj0Edrs&t=1512s

  5. Remember The Alamo, Virginia says:

    * Free Virginia. West Virgina has invitation for Virginia counties/towns to free themselves from Richmond NWO collectivist AntiAmerican COMMUNISTS. West Virginia has invitation to join them.
    * Free Hong Kong. Let’s see if Virginians are as brave as the student protestors in Hong Kong?

    There is currently a failed commie coup, by AntiAmerican commies in DC. They call themselves Democrats, but they are actually NWO globalist/ collectivist/ communists. Beto Odork, Pelosi, Bread Line Bernie should be exported to China where tyranny is the norm.

    These AntiAmericans have shown who they really are. COMMIES. They want gulags for Trump supporters.

    Our response in Texas: BRING IT. “Come and Take It.” Tyrant murderer of women and children Santa Anna tried. How did that work out? The Alamo was the end for the Tyrant. Because Texicans UNITED to defeat Tyranny. Now we are Texans.

    President Trump will prevail and remain in office. Trump will also be reelected if he can keep off of twitter and quit being suckered into the communists media traps.

  6. Anonymous says:

    What is it to me if Democrats are being used? They’re adults, they are playing for keeps, yet somehow Conservatives should give them a pass? Gimme a break.

    • Clown World says:

      -> I am just saying this, rhetorically. I am not asking anyone to do anything rash.

      Suffering the first casualty and accusing the other side of bad optics is not a literal battle strategy.

      Both sides are attempting to win a gun battle with the use of histrionics, catching the other guy being dirty and questioning his moral character.

      If you think that’s how real life works, just bring reading glasses, a walking cane, and stuff yourself a bra; noone can hit you.

  7. Anonymous says:

    Law abiding citizens will go along with whatever the laws they pass say.

    That’s why they are called law abiding citizens.

    If they don’t, for whatever reason they may have, they are criminals and not law abiding.

  8. Sgt. Dale says:

    To my brother and sisters in VA. Stand strong we have your backs. I wish is could be in VA. on the 20th. but I have a sick mother and father that I just can’t leave. At least now. If it gets bad I will leave, because my Mother and Father would expect me and would want me to.
    To all the areas that are claiming sanctuary! Very proud of you folks. This what is going to take to win this thing.
    We in Illinois Salute you!!!!!!!!
    Sgt. .

  9. Bill says:

    Been reading this site for a few years. If any article should have drawn a lot of posted comments it should have been one like this one. Maybe there were comments for this article that were “moderated”.

  10. Anonymous says:

    The self-well-regulated (self-disciplined, self-organized, self-equipped and self-supplied) People will have to turn out as companies of Militia on every street, and squads on every block whenever Government attempts to seize a citizen or his or her arms (not just guns). The claim of a citizen being “criminal” will have to become irrelevant as the excuse for Government’s seizure of his or her person or arms– for Government will then be regarded as the Criminal and treated as an invader.

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