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VCDL Preparing To File Injunction Blocking Virginia Governor’s State Of Emergency Which Has Law Enforcement On High Alert

Chris “Badger” Thomas RIGHT WING TRIBUNEOPINION

According to Phillip Van Cleave, president of the Virginia Citizens Defense League, attorneys are likely to file suit as early as Thursday to seek an injunction blocking Governor Ralph Northam’s gun ban on the grounds of the state capitol during next Monday’s Lobby Day, which is expected to draw tens of thousands of gun owners to the state capitol, Bearing Arms reports.

Back in 2012, Virginia lawmakers approved a measure that limits the governor’s ability to regulate any aspect of gun ownership during a state of emergency. Here’s what the law says.

Nothing in this chapter is to be construed to:
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(3) Empower the Governor, any political subdivision, or any other governmental authority to in any way limit or prohibit the rights of the people to keep and bear arms as guaranteed by Article I, Section 13 of the Constitution of Virginia or the Second Amendment of the Constitution of the United States, including the otherwise lawful possession, carrying, transportation, sale, or transfer of firearms except to the extent necessary to ensure public safety in any place or facility designated or used by the Governor, any political subdivision of the Commonwealth, or any other governmental entity as an emergency shelter or for the purpose of sheltering persons;

According to the Virginia Governor and Attorney General:

Credible intelligence gathered by Virginia’s law enforcement agencies indicates
that tens of thousands of advocates plan to converge on Capitol Square for events
culminating on January 20, 2020. Available information suggests that a substantial
number of these demonstrators are expected to come from outside the Commonwealth,
may be armed, and have as their purpose not peaceful assembly but violence, rioting, and
insurrection. Assuring that Virginia’s Capitol Square and surrounding public areas are
sheltered safe places for those who come to participate in the democratic process, as well
as those who work on or near Capitol Square, is my greatest priority.

In order to marshal all public resources and appropriate preparedness, response, and
recovery measures, I order the following actions:

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A. Activation of the Virginia Emergency Operations Center and the Virginia
Emergency Support Team, as directed by the State Coordinator of Emergency
Management, to coordinate the provision of assistance to state and local
governments and to facilitate emergency services assignments to other agencies.

B. Authorization for the heads of executive branch agencies, on behalf of their
regulatory boards as appropriate, and with the concurrence of their Cabinet
Secretary, to waive any state requirement or regulation, and enter into contracts
without regard to normal procedures or formalities, and without regard to
application or permit fees or royalties. All waivers issued by agencies shall be
posted on their websites.

C. To provide for the shelter and safety of state employees who work on or near the
Virginia State Capitol and those who come to peacefully assemble, and consistent
with the General Assembly’s prohibition on weapons in the Virginia State Capitol
and the Pocahontas Buildings, and Executive Order 50 (McAuliffe), which
prohibits firearms in offices occupied by executive branch agencies, no weapons,
including firearms, may be carried or possessed on any land, real property, or
improvements owned by the Commonwealth of Virginia within the area bounded
by Broad Street, Ninth Street, Bank Street and Governor Street in the City of
Richmond, Virginia, as well as any Commonwealth-owned parking lots for
Virginia’s Department of Transportation, the Madison Building, the Monroe
Building, the Patrick Henry Building, Washington Building, the Jefferson
Building, and the Oliver Hill Building.

1. “Firearm” means any handgun, pistol, revolver, or other weapon designed
or intended to propel or expel a projectile or missile of any kind by action
of an explosion of any combustible material; rifle, shotgun, automatic or
semi-automatic gun; assault firearm as defined in § 18.2-308.2:2 of the
Code; machine gun; 3D printed gun; or similar weapon. Firearm does not
include any ceremonial firearm currently on display in a legislative branch
agency.

2. “Weapon” means any weapon as defined in paragraphs (ii) through (v) of
subsection A of § 18.2-308 of the Code and any stun weapon, as defined
under § 18.2-308.1 of the Code, with the exception of a pocket knife
having a folding metal blade of less than three inches. “Weapons” also
includes, but is not limited to, sticks, torches, poles, bats, shields, helmets, caustic substances (i.e., pepper spray), hazardous materials, scissors, razor
blades, needles, toy guns, toy weapons, fireworks, glass bottles, laser
pointers, aerosol containers, baseballs, softballs, UAVs/Drones, or any
item that can inflict bodily harm that is visible, other than firearms.

3. The prohibition with respect to weapons (other than firearms) shall not
apply to (a) any person possessing a knife customarily used for food
preparation or service and using it for such purpose, (b) any person who
possesses a knife or blade that he uses customarily in his trade and using it
in such trade, (c) any tool used by a person customarily in his trade and
being used pursuant to a contract with a legislative branch agency, or (d)
any tool used by a state employee as a condition of his position and being
used in the scope of employment. The prohibition with respect to weapons
(other than firearms) shall not apply to any ceremonial weapon currently
on display or use in a legislative branch agency.

4. This prohibition applies to both the open and the concealed carry of
firearms and other weapons.

However, Virginia Citizens Defense League has clearly stated that they are holding a “peaceful rally” and that they have never promoted violence nor stated that they will “storm” the Capital.  This clearly is a move by the Governor to further enforce his destruction of the Second Amendment and ensure that civilians are disarmed.

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Dean James at Right Wing Tribune

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