Can Governor’s Use The National Guard To Seize Firearms From Gun Owners?

Virginia has been in the news lately of proposed new gun laws from its elected Democrat control government. To keep this post simple without much nuance, the Governor and his assembly do not like guns and want them banned. However the legislation plays out in 2020, it is pointing towards implementing a firearm seizure type apparatus. Not many are sure how this will work out since we are living in a time period where many government officials on the state and local level are into barely enforcing laws on actual felons and are targeting law abiding citizens with verbal threats.

In an interview, a Virginia Representative suggested using the state’s National Guard to implement new firearm laws:

Virginia representative Donald McEachin suggested Wednesday that Governor Ralph Northam may have to call out the National Guard to enforce the stricter gun laws Northam wants to pass. Northam brought up the new laws after more than 70 places in Virginia plan on declaring themselves Second Amendment Sanctuaries.

In Second Amendment Sanctuaries, cities have the option of not using public funds to enforce laws that could restrict the gun rights of residents.

“If we have constitutional laws on the books and law enforcement officers are not enforcing those laws on the books then there are going to be some consequences, but I’ll cross that bridge if and when we get to it,” Northam said, according to WSET.

You may laugh at this suggestion, but do not dismiss that VA Rep McEachin represents the majority of Democrats across the nation on this issue. Don’t believe me? Go ask your local town Democrats in power and see what their response is to this.

The overall question that needs to be answered is, can the National Guard be used to seize firearms from law abiding gun owners? No, it cannot and here’s why.

First, the National Guard is funded through the DOD(Department of Defense). The DOD cuts the states a check to fund their National Guard. When you take that money, you MUST follow the U.S. Constitution along with the stated laws and regulations of the federal government and military. The Governor’s do have power over their state’s National Guard units, but have massive hurdles to jump through to activate the Guard for firearms seizure.

Virginia Governor’s would have to declare a state of emergency and put a request in for the National Guard to start a firearms seizure.  When this politician entertained the idea publicly, the Virginia National Guard responded on Twitter:

The federal government would tell Virginia to pound sand on their request. No matter what you think of the U.S. federal government, the military commanders in D.C. would be on the next charter flight down and visit the Governor on his request. The Governor would have to prove to U.S. commanders that their is a state emergency for national guard troops to supersede local law enforcement and suspend the 4th Amendment of the U.S. Constitution. What would that plan look like? What does a firearm state emergency look like? From the outside, Virginia seems very stable of humans interacting on a daily basis, where is the conflict? These are overall social demographic questions on a state of emergency declaration. Lastly, President Trump would squash this directive in a heartbeat as Commander in Chief of the military. Funding would be cut off immediately along with a possible military arrest of the Governor for trying to introduce illegal seizure orders that violate civil rights of Virginian’s.

This is a dangerous game being played right now. Even if it’s just “talk”, mass seizure orders using the National Guard is not the talk of a free Republic. It is talk of third world dictator’s who want nothing but anarchy.

 

Published by Hoosier Econ

Located out of Central Indiana. Blogger of economics, politics and societal trends.

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