1. Action Item: Let's stop the use of the Red Flag law in Sanctuaries!
Red flag laws are being used when a Temporary Detention Order (TDO) should be used instead. A TDO will get help for a person in crisis and not just take his guns.
For police using red flag laws in a locality that is a Second Amendment Sanctuary or a Constitutional Sanctuary, we need to reach out to that locality's supervisors or council members and urge them to tell the police not to use red flag laws at all. PERIOD. The locality can control the policies of their police department.
For Sheriffs that are using red flag laws instead of temporary detention orders, we can contact them directly. Sheriffs are NOT controlled by the locality. They are an independent branch of the executive branch of government. The sheriff is a Constitutional Officer and answers only to the voters. Sheriffs can choose not to enforce local government ordinances and the locality can't fire them for it.
Here are who we need to contact, based on a recent news story about certain Sanctuaries having almost half of the red flag law cases:
1. Virginia Beach City Council - email address for all of city council: CityCouncil@vbgov.com
2. Colonial Heights City Council - email address fo the City Council Clerk: wallacep@colonialheightsva.gov
3. Frederick County Sheriff - webmail address for Sheriff Lenny Millholland: https://www.fcva.us/departments/sheriff-s-office/email-sheriff-lenny-millholland
4. Floyd County Sheriff - email address for Sheriff Brian Craig: bcraig@floydcova.org
5. Scott County Sheriff - email address for Sheriff Jeff Edds: sheriff@scottcountyva.com
6. Isle of Wight County Sheriff - webmail address for Sheriff James R. Clarke Jr.: https://www.isleofwightsheriffsoffice.com/contact.html (scroll down a little ways and from is right of center)
What to say
We should definitely be polite. It is quite possible that the police and sheriffs have not thought about the lack of due process in red flag laws and the lack of providing help for someone in need. Here is a sample message. Feel free to modify it as you see fit or just write your own message from scratch:
For Virginia Beach City Council:
It has been brought to my attention by the Virginia Citizens Defense League that the Virginia Beach police department has been using Virginia's new Extreme Risk Protection Orders (ERPO) instead of Temporary Detention Orders (TDO) for citizens having mental-health problems or who are threatening suicide. I highly encourage you to have the police use the TDOs instead, as TDOs provide both better due process for the person in crisis than an ERPO and TDOs also provide treatment, which is NOT provided by an ERPO. Taking a suicidal person's guns, but not getting them treatment, makes no sense and doesn't prevent the suicide. Finally, ERPOs violate the Constitutional rights of citizens, including due process and the right to keep and bear arms. City Council has declared your city a Constitutional Sanctuary and using ERPOs instead of TDOs violates that declaration.
For Colonial Heights City Council:
It has been brought to my attention by the Virginia Citizens Defense League that the Colonial Heights police department has been using Virginia's new Extreme Risk Protection Orders (ERPO) instead of Temporary Detention Orders (TDO) for citizens having mental-health problems or who are threatening suicide. I highly encourage you to have the police use the TDOs instead, as TDOs provide both better due process for the person in crisis than an ERPO and TDOs also provide treatment, which is NOT provided by an ERPO. Taking a suicidal person's guns, but not getting them treatment, makes no sense and doesn't prevent the suicide. Finally, ERPOs violate the Constitutional rights of citizens, including due process and the right to keep and bear arms. City Council has declared your city a Second Amendment Sanctuary and using ERPOs instead of TDOs violates that declaration.
For the various Sheriffs:
It has been brought to my attention by the Virginia Citizens Defense League that your department has been using Virginia's new Extreme Risk Protection Orders (ERPO) instead of Temporary Detention Orders (TDO) for citizens having mental-health problems or who are threatening suicide. I highly encourage you to use the TDOs instead, as TDOs provide both better due process for the person in crisis than an ERPO and TDOs also provide treatment, which is NOT provided by an ERPO. Taking a suicidal person's guns, but not getting them treatment, makes no sense and doesn't prevent the suicide. Finally, ERPOs violate the Constitutional rights of citizens, including due process and the right to keep and bear arms. Your county has declared itself a sanctuary from such violations of the Constitution and using ERPOs instead of TDOs violates that declaration.
2. City of Staunton to consider sanctuary status sometime in October
VCDL's Staunton Watch Team for Local Government team leader, Malcolm J. Blundell, is keeping an eye on this. We will advise when the issue comes up in front of City Council so we can flood the meeting room with gun owners.
https://www.newsleader.com/story/news/local/2020/10/09/looks-like-2-a-back-menu-folks-staunton-city-council-wrap-up/5934718002/
During the Staunton City Council meeting on Oct. 8, council member Amy Darby requested on the work session agenda that the Second Amendment sanctuary needed further consideration and council approved to revisit the matter at a future council meeting sometime in October. "Holding a public forum on this issue is clearly intended for a public display of armaments to intimidate the general public from showing up," said Staunton citizen Deborah Kushner during public comment. "We don't need another gun rally. Please, please stick to issues that will improve the lives of our residents." Steven Rosenberg, city manager, recommended that a 2A sanctuary meeting be scheduled at a location other than council chambers to safely accommodate the anticipated number of interested individuals during the current public health emergency. Mayor Andrea Oakes reminded citizens to wear masks when they attend council meetings in person. "You're insisting that our citizens put their lives at risk to show up for a public hearing to rehash a debate that simply doesn't need to be had," said Staunton citizen Nitch Narduzzi during public comment. "Shame on you. You have heard from our citizens on both sides of this issue. There is nothing new to discussion that can be discerned from holding a public hearing."
3. Action item: One type of AR pistol has been reclassified by BATFE as a short-barreled rifle
The BATFE has now changed the designation of the Q Honey Badger AR-15 pistol, which has an arm brace, to a short-barreled rifle (SBR). This change makes no sense and is a disaster for current owners. It is also alarming to owners of other AR-15 pistols with arm braces. The reclassification makes the Honey Badger an item that falls under the NFA!
The BATFE is also now looking at Q's Sugar Weasel and Mini Fix pistols for the same reason:
https://www.google.com/amp/s/www.thefirearmblog.com/blog/2020/10/06/honey-badger-pistol-2/amp/
https://www.breitbart.com/politics/2020/10/07/atf-places-some-ar-15-pistols-with-stabilizer-braces-under-nfa/
https://www.gunsamerica.com/digest/atf-declares-the-q-honey-badger-pistol-an-sbr-the-industry-responds-in-force/
ACTION ITEM
Gun Owners of America has set up a campaign for us to contact President Trump about getting the BATFE to back off their re-designation of the Honey Badger pistol. The message also asks Trump to support a bill in Congress that removes SBRs from the NFA altogether.
Click here to send the pre-written message to the President.
4. VCDL membership map - where are VCDL members in Virginia located?
NoVA has the most: 11,172, while the Eastern Short has the least: 564.
Many thanks to EM John Wilburn for his hard work putting together the map and compiling the data. We are looking at automating this procedure so we can update the number on some regular basis.
5. VCDL member doing open carry walks in Fairfax in non-restricted parks to educate
Michael Parker wants to exercise his right to self-defense in parks and bring attention to the stupid, and dangerous, gun ban that Fairfax County has passed. That ban includes carrying in parks and doesn't even have an exclusion for CHP holders.
Go to page 13 of this newspaper to see the article:
Residents Protest County Gun Ban
Open carry hike held in wake of new gun ordinance
http://connectionarchives.com/PDF/2020/100720/Mt%20Vernon.pdf
6. Candidates for Virginia Attorney General in 2021
Two candidates indicated they were very pro-gun in the article: Puneet Ahluwalia, who is a Sikh (Sikh's carry a ceremonial dagger as a reminder they are to protect the weak, amongst other things) and Lance Allen. Tim Hugo and Glenn Davis have voting records on guns, as Hugo was a Delegate and Davis is still a Delegate. Both have good voting records, looking at the VCDL voting record information on our website.
https://www.washingtonpost.com/local/virginia-politics/virginia-lieutenant-governor-race-2021/2020/10/05/f0b5c682-033e-11eb-a2db-417cddf4816a_story.html
7. Number of CHP holders in the U.S. continues to soar
We are now sitting on the cusp of having 20 million U.S. CHP holders, according to Dr. John Lott! Lott's study also shows that 5% to 10% of Virginia's adults have a CHP. I believe we are closer to the 10% mark, considering there are now 700,000 CHP holders. Not bad, but we can do better. ;-)
https://www.ammoland.com/2020/10/crime-prevention-research-center-releases-report-carry-permits-soar-to-19-48mil/
8. Article on legal self-defense in Virginia
Written by member Kat Stansell:
Legal Self Defense
In these times of increasing violence in the streets, perpetrated by anarchists who mean to destroy our country, there is a greater need than ever before to understand what you may do within the law, to defend yourself, your home and your family, should the situation arise. In city after city, over the last months, there have been a mass of horrific stories of innocent people who have been attacked, on the street or in their homes and businesses. Violence is moving from the large metropolitan centers to smaller towns, and is promised to soon come to rural areas. We MUST be prepared, not only with armament but also with knowledge.
In Virginia we do still retain the ability to defend our homes, and our persons, despite all of the the gun-grabbers in our General Assembly. THAT is very good news. However, we must understand exactly what is legal to do and what is not, so that we are not the ones arrested. To help you to have a clear picture of legal self defense, I have interviewed two professionals on the subject, a local sheriff, and the head of the Virginia Citizens Defense League, Phillip Van Cleave, and I am grateful for their input.
Virginia common law recognizes two types of legal self-defense, a "stand your ground" defense and the "castle doctrine". The castle doctrine, stemming from medieval times, applies to defense of your home, business or vehicle. The "stand your ground" defense goes further. It allows for the legal use of deadly force in any place where you are lawfully allowed to be, such as a public street or park. From these have developed the concepts of justifiable (no fault) defense and excusable (some fault) defense. In both, as with all cases of self-defense today, the burden of proof is on the defendant – that would be us, the law-abiding citizens. Self defense is an affirmative defense, meaning that the defendant admits to the killing, and accepts the burden of proof that the act was justifiable or excusable. Let's unpack both defenses and the issues surrounding them, to better understand our legal rights to protect ourselves and what is precious to us.
There is NO PERMIT REQUIRED to carry a weapon inside your home or business or vehicle if you are of age (18) to legally own a firearm. When approached by a potential attacker, you do NOT have to retreat, and you may defend yourself and/or your family. Deadly force may only be used if you or another person are under immediate threat of being killed or injured. Having said that, how is one to KNOW what is about to occur? How can we tell for sure that there is an immediate threat?
You must be able to ascertain the intent of the person approaching you. This does not require mind reading, but it does ask you to apply some powers of observation and common sense. Does what the aggressor is doing or carrying cause you to fear for your physical safety? For example, if someone approaching you (or your home/vehicle/business) is carrying a gun, knife, molotov cocktail, flame thrower, bat, tire iron, bludgeon, or any other weapon of obvious aggression, you may assume "intent to harm". If those approaching have a disparity of force over you – overwhelming numbers of people or a huge weight or extreme age disparity over your own-- then deadly force is also allowed.
If, however, someone approaching your personal territory has their hands concealed in their pockets, or inside of a carried object like a bag, this does NOT constitute reasonable fear of injury or death. You may NOT fire on someone who is on your property illegally, despite posted warnings of "no trespass". Likewise, you may NOT fire, even those trying to break in during the daylight hours. As odd as this may sound, the law allows for the possibility that the intruder means only to steal personal property, and does not want to cause you harm. If a break-in is attempted during the hours of darkness, however, it is automatically viewed by the law, as threat to your health and safety - that the intruders mean to cause you bodily harm or death.
In the "stand your ground" defense, you are allowed the use of deadly force anywhere you have a right to be – in a public place, on a sidewalk or street, etc. Effectively, the concept of standing your ground extends the castle doctrine from your home/business/vehicle to anyplace you have a right to be. Of course, if you are trespassing on someone else's property, or in the process of committing a crime, you may not use a deadly weapon. You may not taunt or provoke the attacker. Never brandish a weapon unless you intend to use it.
Remember always, that the burden of proof is on the defendant in a self-defense case. If you shoot to protect yourself, there will be a court case, and YOU will be the defendant. In the castle doctrine, there are typically four elements of a successful self-defense case: - You must be INSIDE your home. Shooting an intruder outside typically causes the defendant to lose the case.
- There must have been an actual attempt to enter the home. Standing threateningly at your door is NOT qualify. Nor may you use force if you have allowed entry but then are trying to get the person to leave.
- You must prove that you were in actual danger of physical injury. Most often, the implements carried by the intruder and/or the number or physical size of them are your keys to successful proof.
- You must not have provoked the attacker in any way.
In Virginia, you have NO duty to retreat from the intruder to avoid conflict, even inside your own home. You may NOT, however, provoke the attacker.
In both, the key is that you must be able to prove that you were in fear of immediate serious bodily harm or death. The burden of proof is on you. Bare fear of harm is NOT a sufficient defense. You must wait for some overt act indicating imminent danger. This is possibly the most difficult part of following this law. When you or someone you love is frightened, you are required to wait to see what the aggressor will do next.
What can you do to help your case, should you ever have to use deadly force? A couple of very simple suggestions may be helpful. First, keep your head. Control your nerves and impulses. Observe the aggressor carefully; notice details. Also, keep your cell phone with you at all times. Put in a call to 911 immediately, if at all possible. Take pictures of any individuals causing your fear, if you can do so without endangering you or those around you, or causing you to lose valuable seconds in preparation for defense. Again, don't brandish your weapon unless you intend to use it.
In summary, you are your own first and last line of defense. Recognize that fact, and be ready should you ever need to be.
Our laws have changed from the days of the founding of our country, and they differ by state. Know and understand them.
Our pioneer days are behind us. From the inception of America, to the early 1950's, the right to keep and bear arms was never questioned. The Second Amendment was considered the ultimate and most fundamental guarantee of life and freedom. Now, the Second Amendment has somehow become a topic for debate, scrutiny and angry leftist attack. Gun laws, once a given from our forefathers, are now constantly being changed. Today it is incumbent on us to know and understand current gun rights for our own protection – not only from the bad guys, but from the courts.
As with all matters of law, a licensed attorney is the final word on interpretation; one should be consulted to clarify any issue about which you may have question.
Pray that none of us is ever confronted with these situations.
Pray, too, that if you are, you are able to make the correct choices. Pray for our nation, for a future where knowledge of this subject is not as crucial as it is today.
9. Muzzle position may affect self-defense shooting decision
Interesting study on muzzle position and "misdiagnosing" if the person at gun point has a weapon or not. It seems that someone using a low-ready position is least likely to shoot someone who pulls out something like a cellphone instead of a gun.
I think Charles Darwin laughs and shakes his head every time someone pulls a cellphone from their pocket when they have been told to freeze by the police.
https://www.police1.com/officer-shootings/articles/study-muzzle-position-can-have-major-impact-on-shooting-decisions-fbBb5o9qTubx92hY/
10. VCDL GSL-stickers in California
Our message is definitely getting out. John F. Pincney, from behind communist lines, sent me an email with four photos:
Hi Phil,
The first three are from a usually scenic overlook near Mono Lake in California. The fourth is from Gus's Jerky in Olancha, California.
11. 20-year-old gun owner refused to comply with open-carry ban in Newport News and is arrested
Gun owner Mike Dunn was intentionally open carrying at a Newport News city park before a Libertarian Party event was scheduled to begin. Newport News allows concealed carry with a CHP in parks, government buildings, community and recreation centers, and permitted events., but does not allow open carry in those places. Someone noticed Mike's gun and called the police, who then showed up, open carrying, of course.
There is video of the entire encounter in the link below. Basically, it was clear to me that the police really, really didn't want to charge Mike. They gave him many chances to comply. However, Mike did not want to comply with a law that is unconstitutional and gives him no recourse as to carry. Being a 20-year-old, he can only open carry, as one must be at least 21 to get a CHP. So, in the end, with cameras rolling, the police had no choice, unless they wanted to get fired. They arrested Mike on a trespass charge. The Newport News ordinance actually has a civil penalty of $500 for a violation of the ordinance, but since Mike said he wouldn't comply, the police had to book him on a trespass charge and take him to jail instead.
I reached out to Mike, who advised he had retained counsel. So, the case is in the hands of his lawyer. VCDL will keep an eye on the case as it progresses.
https://www.facebook.com/N2Sreports/videos/344183130185391/?vh=e&extid=0&d=n
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12. The Latent Threat to Your Right to Keep and Bear Arms
| | Imagine the police knocking on your door, demanding that you turn over every firearm you have – hard to imagine? Unfortunately, by using a new gun seizure procedure made effective on July 1 by Virginia's new red flag law, anyone – a hostile ex, a fearful, gun-hating neighbor, or a stranger you just got cross-wise with on the street – can easily have you disarmed. And if you are involved in a self-defense incident, you are now wide open to issuance of a red flag law emergency gun seizure order. Learn how to prepare for and deal with this pernicious new legal risk.
The National Firearms Law Institute is pleased to announce that attorney Stephen L. Sulzer, creator of the 5-star rated class, The Legal Use of Firearms for Self-Defense in Virginia, addresses these issues and more in his new, self-guided, easy-to-follow, online course: Virginia's 2020 Gun Control Legislation – It's Legal and Practical Effects on You.
NOTE: VCDL gets 10% of student registration fees for NFLI courses to help fight for our gun rights in Virginia. | | |
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