Agencies | Governor
Virginia Regulatory Town Hall
Department of General Services
Department of General Services
Regulations Banning Concealed Firearms in Offices Occupied by Executive Branch Agencies [1 VAC 30 ‑ 105]
Action Promulgation of new regulation banning concealed firearms in executive branch agency offices
Stage Emergency/NOIRA
Comment Period Ends 1/27/2016
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12/18/15  12:02 am
Commenter: Jeremiah Hansen

Gun ban via EO violates Virginia Constitution

The “gun ban” Executive Order 50 put in place by Gov. McAuliffe within state buildings by an emergency order violates the intent of the Virginia Constitution. Governor McAuliffe has moved in an illegal way to restrict the rights of individuals and citizens without representation or due process of that representation. This act is one that requires the Delegates to follow impeachment proceedings. The nature of the government of the Commonwealth is set out in the Bill of Rights, Section 3, which states in part:

 “That government is, or ought to be, instituted for the common benefit, protection, and security of the people, nation, or community; of all the various modes and forms of government, that is best which is capable of producing the greatest degree of happiness and safety, and is most effectually secured against the danger of maladministration; and, whenever any government shall be found inadequate or contrary to these purposes, a majority of the community hath an indubitable, inalienable, and indefeasible right to reform, alter, or abolish it, in such manner as shall be judged most conducive to the public weal.”

When the Governor made this Executive Order, he usurped the role of the Legislature. Section 7 makes it clear that:

“That all power of suspending laws, or the execution of laws, by any authority, without consent of the representatives of the people, is injurious to their rights, and ought not to be exercised.”

Logically that would also extend to creating laws without consent of the Legislature, or the people of Virginia. By acting outside of the Legislature against the rights of Virginians, the Governor has seen fit to suspend the Virginia Constitution, which is the supreme law of the Commonwealth. Section 13 within the same Bill of Rights states:

“That a well regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defense of a free state, therefore, the right of the people to keep and bear arms shall not be infringed;”

It has been established at all levels, especially in Heller vs District of Columbia, that the militia is made up of the people, who have a right and duty (Section 15 VA Constitution) to be armed for the defense of a free state. By depriving the people, and thus the militia, of their inalienable rights, the Governor has done harm to the Commonwealth. He has placed personal feelings and promises above the well-being of the people of Virginia by creating zones without common defense.

Recent violence by terrorists and deranged killers clearly indicate their lack of regard for laws and human life. Shooters in San Bernardino used weapons that were not legal in the State of California as well as illegal in the United States. They passed into a “gun free zone” with impunity. Likewise the terrorist attack in Chattanooga, TN clearly took place in “gun free zones” with images of the useless sign still stuck to a bullet-riddled glass door. The Navy Yard shooter took lives using a shotgun that was not registered within DC in a military facility which expressly prohibits firearms. There is no recourse or defense in these cases other than armed resistance, and the Governor has not made any logical arguments to disprove recent history. Clearly the Governor is only disarming law-abiding citizens by decree as his order will have no effect on the criminal and terrorist.

Clearly the Governor has overstepped his bounds and should be removed. This action sets forth a precedent where future Governors will not feel encumbered by Rule of Law or the Virginia Constitution. To behave in such a manner makes him unfit for the office in which he resides. The Governor has violated his Oath of Office by moving to ban the exercise of common defense through executive order. This executive order should be rescinded, the agencies within the Commonwealth should refuse to enact this executive order, and the Legislature should move to impeach and remove the Governor for this brazen violation of the rights of the citizens of Virginia.

The time for response should be extended another 30 days, if not more.

CommentID: 45755