Home AG: Second Amendment sanctuary resolutions ‘have no legal effect’
Local, Region

AG: Second Amendment sanctuary resolutions ‘have no legal effect’

Chris Graham
law
Credit: LPETTET/iStock Photo

Attorney General Mark Herring has put the formal legal kibosh on local Second Amendment sanctuary resolutions.

“It is my opinion that these resolutions have no legal effect. It is my further opinion that localities and local constitutional officers cannot nullify state laws and must comply with gun violence measures that the General Assembly may enact.”

This comes to us from an official advisory opinion from Herring dated Dec. 19 that was a formal response to a query from State Del. Jerrauld Jones, D-Norfolk, who requested the legal opinion from the attorney general on two questions: do the resolutions have any legal effect, and can localities and local officials just decide on their own to nullify state laws duly enacted by the General Assembly?

The Augusta County Board of Supervisors voted earlier this month to declare the county a Second Amendment sanctuary.

Waynesboro City Council is set to take up the sanctuary matter at a meeting on Jan. 13.

In the official opinion, Herring, in his second term as attorney general, notes that the Constitution of Virginia provides that all local authority is subject to the control of the General Assembly, and that the Code of Virginia establishes the supremacy of state law over local ordinances and policies.

Virginia, Herring notes in the advisory opinion, follows the Dillon Rule, which provides that local government may exercise “only those powers expressly granted by the General Assembly, those necessarily or fairly implied therefrom, and those that are essential and indispensable.”

“These constitutional, statutory, and common law doctrines establish that these resolutions neither have the force of law nor authorize local constitutional officials to refuse to follow or decline to enforce gun violence prevention measures enacted by the General Assembly,” Herring wrote.

“It also bears emphasis that neither local governments nor local constitutional officers have the authority to declare state statutes unconstitutional or decline to follow them on that basis. All actions of the General Assembly are presumed to be constitutional. Furthermore, it has long been the indisputable and clear function of the courts, federal and state, to pass upon the constitutionality of legislative acts. It follows from these well-established principles that all localities and local constitutional officers are required to comply with all laws enacted by the General Assembly unless and until those laws are repealed by the legislature or invalidated by the judiciary,” Herring wrote.

Story by Chris Graham

 
 




Featured Video

 

Chris Graham

Chris Graham

Chris Graham is the founder and editor of Augusta Free Press. A 1994 alum of the University of Virginia, Chris is the author and co-author of seven books, including Poverty of Imagination, a memoir published in 2019. For his commentaries on news, sports and politics, go to his YouTube page, TikTok, BlueSky, or subscribe to his Street Knowledge podcast. Email Chris at [email protected]. Support AFP by signing up for our newsletter and/or powering our work with a one-time or monthly contribution.

Latest News

manny diaz duke
Football, Go 'Hoos

First look: UVA Football faces ACC’s #2 defense with Duke coming to town

abigail spanberger
Politics, Virginia

Spanberger throws kitchen sink at NextEra, Dominion on proposed $67B merger

Virginia Gov. Abigail Spanberger is calling on Next Era and Dominion to agree to freeze residential electricity rates for six years and to agree to triple monthly customer bill credits as conditions of any merger.

uva football kam robinson
Football, Go 'Hoos

UVA Football: Kam Robinson this week’s guest on the coach’s radio show

Kam Robinson will be the featured guest on Tuesday’s “Coach’s Corner with Tony Elliott,” which airs Tuesday night at 7 p.m. ET on the no longer far-reaching Virginia Sports Radio Network, which is down to four stations.

pro wrestling ring
Pro Wrestling

The AFP Top 10: Our weekly list of the 10 best pro wrestlers in AEW and WWE

jim wood facebook
Local, Politics

Waynesboro: Jim Wood trying to take both sides on Mimosa Farm issue again

harrisonburg
Region

Harrisonburg: Man charged in tent fire after threatening trans person

waynesboro map
Local

Waynesboro School Board to begin interviews in superintendent search