On using the National Guard to enforce gun control laws in Virginia.
I am adding this to the conversation because of recent reports out of Virginia.
1.
WTKR Channel 3 reported "Gov. Ralph Northam said Wednesday localities could face consequences if law enforcement officers don't enforce gun laws."
Note that in the report that the governor did not say what those consequences might be.
2. The Washington Examiner article 'The law is the law': Virginia Democrats float prosecution and National Guard deployment if police don't enforce gun control
quotes Delegate Donald McEachin saying, “And ultimately, I'm not the governor, but the governor may have to nationalize the National Guard to enforce the law,” he said. “That's his call, because I don't know how serious these counties are and how severe the violations of law will be. But that's obviously an option he has.”
3. Firearms commentator AWR Hawkins has
mis-characterized McEachin's statement by saying "Rep. Donald McEachin (D-VA) suggests Gov. Ralph Northam (D) can activate the National Guard and use it to force Second Amendment sanctuary counties to honor gun control."
My comments here are based on 26 years as a National Guard officer. I claim no special expertise in law enforcement.
First, if the governor chooses to go heavy-handed in enforcing gun controls in a 2A Sanctuary county or town, he may, indeed, use the State Police or call members of the Virginia National Guard to active duty. Note that in this capacity the National Guard is a state law enforcement organization, not a Federal military organization, and provisions of the Federal Posse Comitatus law do not apply.
[McEachin made a technical mistake in referring to "nationalize." That status is only for duty when called by the President or Congress.]
Second, the vast majority of Guard members called to such duty are likely to follow the governor's orders, since legally, properly enacted laws are not considered unconstitutional until so adjudged by the courts. Thus, the Adjutant General and Guard members would follow the governor's directives as "lawful orders." Granted, a few members might claim personal conscience and that the laws and orders are unconstitutional, but overall the Guard will comply. The last major example of this was the great confiscation mess in Louisiana after Hurricane Rita, at least until General Honoré came in with good sense.
Third, unlike what Hawkins said, the Guard would not "force the counties to honor gun control." You are not going to see State Troopers or National Guard soldiers holding sheriffs' deputies at gunpoint and making them go to residents' homes. Instead, if so ordered, the troopers and soldiers would be the ones going directly to the residents to deal with ERPO Red Flag orders, etc.
Fourth, I really expect any consequences carried out by the governor to be fiscal, finding ways to penalize the subject counties and towns by withholding state funds they had been expecting.
As with many others here, I dearly hope we do not see the situation come close to any of the above.