VA AG: Second Amendment 'sanctuary' resolutions 'have no legal effect' in Virginia

After dozens of Virginia localities declared themselves as Second Amendment “sanctuaries” in recent weeks, Attorney General Mark Herring has issued an advisory opinion saying these resolutions “have no legal effect.”

Citing requirements in the Virginia Constitution and state code for local governments to follow state law, Herring wrote in his four-page opinion that “these resolutions neither have the force of law nor authorize localities or local constitutional officials to refuse to follow or decline to enforce gun violence prevention measures enacted by the General Assembly.”

The opinion comes as counties, towns and cities throughout the state passed resolutions opposed to gun control laws after November’s legislative elections saw historic wins for Democrats, who will take control of both houses of the Virginia General Assembly in January. Although leaders passing these resolutions have claimed the declarations are mostly symbolic, some resolutions declared an intent that public funds would not be used to restrict Second Amendment rights.

It’s unclear what gun control laws the General Assembly may ultimately pass, but Democratic Gov. Ralph Northam proposed a number of bills when he called the legislature back to Richmond for a special session focused on gun violence earlier this year in the wake of a mass shooting in Virginia Beach. Those efforts proved futile when the Republican-controlled legislature quickly adjourned the session.