by Larry Chowning – 

The Middlesex County Board of Supervisors voted 3-1-1 on Tuesday, December 3, to join over 40 other Virginia counties and towns to become a Second Amendment Sanctuary County.

After listening to 34 speakers at the meeting, the board approved a resolution created by Botetourt County officials to affirm that Middlesex is now a gun sanctuary.

Democratic Governor Ralph Northam and state Democratic legislators are introducing a series of gun laws (Bill 16) in the Virginia General Assembly that would, among other things, make felons of gun owners who own certain types of semi-automatic weapons, and shotguns with magazines that hold seven or more cartridges.

The resolution to make Middlesex a Second Amendment Sanctuary County states that “the board is concerned that introduced legislation for the 2020 Virginia General Assembly, if passed, could infringe upon rights guaranteed by the Second Amendment to the United States Constitution and the Virginia Constitution.”

The proposed state bills riled gun owners and resulted in a large crowd attending the meeting in Middlesex on December 3. With the over-capacity audience at the Historic Middlesex Courthouse in Saluda, supervisors voted to move the meeting from the courthouse into the larger St. Clare Walker Middle School auditorium in Locust Hill.

Throughout the public comment period and the supervisor comment period, there was tension as speakers spoke, most adamantly in favor of a gun sanctuary and, to a lesser degree, those who wanted caution and requested the matter be tabled.

Three supervisors—Chip Holt, John Koontz and Wayne Jessie—voted to make Middlesex a sanctuary. Supervisor Pete Mansfield voted against, and supervisor Kathleen Swinehart abstained from voting.

As Mansfield spoke against the sanctuary concept, gun advocates vocally expressed displeasure and one stormed out of the room letting everyone know his opinion of Mansfield’s comments. Jessie attempted to quiet the crowd by reminding them that everyone has a right to an opinion and to be heard. He also stated that if members of the audience did not behave, deputies were there to escort them out of the building.

Resolution advocates

Trudy Feigum, chair of the Middlesex County Republican Committee representing 100 citizens, spoke for 12 minutes. “By adopting this resolution, the Middlesex County Board of Supervisors declares this county a Second Amendment Sanctuary and, thereby, expresses its intent to uphold the Second Amendment rights of the citizens of Middlesex County to keep and bear arms,” she said.

“Further, as a board you express your intent that county public funds (that means tax dollars) not be used to restrict the Second Amendment rights of the citizens of Middlesex or aid federal or state agencies in the restriction of these rights. 

“As a board you declare your intent to oppose any infringement on the right of law-abiding citizens to keep and bear arms using such legal means as may be expedient, including, without limitation, court action.

“Supervisor (John) Koontz expressed concerns to me outside this meeting and was the only supervisor to do so. He said that as a Dillon’s Rule Commonwealth, he’s not sure this board has the authority to do some of the things the resolution says we should do,” continued Feigum. 

“If we really want to have our county have the authority to tell the sheriff not to enforce a state law, in my opinion, our resolution should be one calling for these decisions on guns to be made at the county level, which would require a weakening of the Dillon’s Rule.

“As a United States citizen, it is beyond comprehension how being a Dillon’s Rule Commonwealth, in this instance, supersedes or triumphs over the United States Constitution and the Virginia Constitution,” said Feigum. 

“There are scholars and attorneys who could study and give their opinions. As citizens, we do not have the years it will take to get these opinions. With regard to telling the sheriff not to enforce a state law, it is again, beyond comprehension that this board can demand the sheriff or any constitutional officer to violate his/her oath of office to uphold the Constitution. How can you in good conscience ask the Sheriff of Middlesex County to enforce laws that are unconstitutional and unnecessarily put lives at risk?” continued Feigum.

“Each of the pre-filed bills, at least 20 so far, that relate to proposed changes to state gun laws are at their heart about gun control and the taking away of guns from citizens. 

“Mental health issues and the erosion of our culture that is resulting in the loss of moral standards and devaluing human life are generating these proposals,” said Feigum. “These are vitally important and worthwhile issues to tackle, but they are outside what this proposed resolution is about,” said Feigum.      

“Mr. Koontz told me Virginia’s Attorney General has already labeled these resolutions ‘symbolic’ . . .  so he does not know what purpose they serve other than to send a message to legislators, that some amount of constituents disagree with changes to gun laws. 

“This board adopts resolutions from time to time, declaring your intentions,” continued Feigum. “I recall this board adopted a resolution at your last meeting in November 2019 that declares your intention to loan the County Water Authority over $200,000. Was this a ‘symbolic’ resolution? Do you, as a board, have no intention of honoring or adhering to your declaration? Likewise, the proposed resolution before you declares your intentions. If you have no intention of adhering to its provisions, then adopting it is senseless. 

“This is not a ‘feel good’ resolution, but a declaration of intentions to protect the Second Amendment rights guaranteed to us by the Constitution,” continued Feigum. “If Middlesex is legally challenged due to adopting this resolution, we know we are in good company. At last count there are at least 31 other counties that have adopted this resolution and more than 50 more are considering it this month. Don’t hide behind symbolism. Adopting this resolution shows us you are giving us your support!”

Hal Muller of Kilmer’s Point said he is 75 years old and when he was young he enlisted in the Army and worked as a policeman. “I took an oath to my country and state for both of those jobs,” he said. “I knew I might lay my life down at any time, but I had taken an oath to do my job.

“I hope you read your oath of office,” Muller told supervisors. “We asked that you support your oath and support the Constitution of the United States. My ability to protect myself with fist-of-cuffs left me many years ago, now I need a gun to defend myself.”

Jamie Barnhardt of Hartfield said that he supports the board approving the Second Amendment Sanctuary resolution. “It’s not about politics, it’s about Middlesex heritage—who and what we are,” he said. “Middlesex County has been here since the 1600s and if those English tried to control our guns in 1776 they would be considered Tories. We are passing this resolution because we want to send a clear message to our representatives in Richmond.”

Allan Richardson of Locust Hill said even if the resolution is a worthless piece of paper, it is sending a clear message to Richmond. “If you (supervisors) ignore all of us—you have no right to be up there,” he told supervisors.

Ray Rodgers of Urbanna said, “My forefathers gave me the right to keep and bear arms. I think it is important for people to voice their opinion to let their representative know what they want. You are not going to convince me that I do not have the right to protect myself and my family. I’m not a young fellow, I need a little bit more than fist-to-cuffs and I do not want my gun taken away.”

James Rice of Topping said he supports the resolution. “Weapons are not the problem; people are the problem,” he said. “This move by state Democrats is a push to reduce our Second Amendment rights. People don’t want these laws. We need to send a message that Virginia is not ready to surrender its Second Amendment rights.”

Barbara Wallace, an official with the Middlesex Shooting Sports Club in Hartfield, said, “We do not have a gun problem in America. We have a mental illness problem. Mass murders do not happen in places where people are armed. At the club, we do not refer to guns as weapons. We teach gun safety and use our guns for sport.”

Katherine Carnes said she came to Middlesex out of necessity to get away from an abusive marriage relationship. “I will not allow myself to be a victim any more,” she said. “If these laws pass it will make me a felon and I do not have a record. I’ve grown to love Middlesex County and its people and history. I want to stay here. Do not let the state take my gun away from me. I need it for my protection and the protection of my family.”

Sharon Phelps of Saluda said she supports the Second Amendment. “Guns don’t kill, people do,” she said. “We have 43,000 mental health beds in America and 400,000 people with mental health issues. When someone breaks in your house the first person you call is someone who has a gun, and you pray they get there in time.”

Concerns

Michael Knez of Locust Hill said he did not think it appropriate for the Middlesex County Board of Supervisors to adopt the sanctuary resolution. “It is not your role to declare a law unconstitutional. You function under the state constitution. You have a code of ethics and should adhere to it. This is about what kind of government we are going to have. I recommend you table this issue. You are trying to abate a law that has not been passed yet. This is not about the Second Amendment, it is about what kind of government we are going to have.”

Hallie Holmes of Saluda said she has a gun in her home for protection. “I came to this meeting with an open mind to respect others as we respect ourselves. Please table this because state laws supersede your resolution.” Holmes suggested the board study the matter further and table any action until it knows more.

Jim Knupp of Hartfield said the courts should decide what laws are constitutional, and county supervisors should use “cool heads” to tell the people that this proposed resolution is most likely unconstitutional. “I suggest you table, do research, and take it to court,” he said. “You should be telling people this resolution is illegal.”    

Elaine Shepherd of Hartfield questioned if the resolution had been reviewed by the county attorney. “It appears this resolution would encourage the sheriff to disregard certain Virginia laws,” she said. “Who determines what laws the sheriff follows? Shouldn’t it be up to the courts?”

Shepherd asked supervisors if they were prepared to defend lawsuits by citizens who get shot because the sheriff does not abide by state law.

Amy Maloney of Topping asked, “What is at stake by passing this resolution? I don’t know. Will we be losing state funding? I don’t know. Are we really trying to impact positive change and is it fair to put it on our law enforcement officers to decide what laws they should enforce?”

Supervisor comments

Saluda District supervisor Pete Mansfield opposed the resolution. “I’m very concerned about this resolution,” he said. “This resolution suggests that our state and federal government is not the law. As a supervisor, Pete Mansfield cannot interpret the Constitution. The courts determine what is constitutional and unconstitutional.”

When several people in the audience voiced displeasure to the comments, and remarked no guns should be taken away, Mansfield attempted to use the example that a small nuclear weapon would wipe out an entire state. This riled the audience.

Board chair Chip Holt cautioned the audience to stay under control.

“I don’t interpret the law and you don’t either,” said Mansfield speaking to the other supervisors. “If we do not follow state laws what will happen to little Middlesex County? Will we lose grants from the state? I ask you also what if our sheriff’s department does not enforce the law and someone takes a weapon and kills 28 kindergarten students?”

A person yelled from the audience it is about mental health not guns.

“I ask you to think about it. I’m no attorney. I agree with the law,” said Mansfield. “I think high-power guns and other type of weapons need to be regulated. I do not think passing this resolution is good for our county.”

It was then that Jamaica District supervisor Wayne Jessie cautioned the audience and alerted deputy sheriffs they may be needed.

“The people have spoken but you are not listening,” said one member of the audience who stormed out of the meeting.

Jessie asked those in favor of the resolution to stand. He said “95% want us to pass it tonight. I really think this is not our job but we need to let our representatives know what you want.

“We are rural people and a lot of people do not know how country people live,” continued Jessie. “I was raised with Daisy BB guns. City people do not understand guns. The General Assembly needs to know early how all these rural counties feel. I want what’s right for all rural counties in Virginia. I wish there were different city and county rules. We need to have our right to bear arms. The legislature needs to know how we feel. We need to pass a resolution tonight.”

When Jessie finished, the audience erupted in applause.

The same happened when Supervisor Holt said he was in favor of the resolution.

Hartfield District supervisor John Koontz made a motion to adopt the resolution. “I purposely did my best to get out in front of this issue,” he said. “I feel I’ve heard enough from our citizens. This is symbolic, but it is sending a message. I am frustrated that this issue from Richmond is being funneled down to the board of supervisors. We all need to call our state representatives. I’m concerned whether a symbolic statement means all that much, but I’m going to support it.”

Harmony Village supervisor Kathleen Swinehart, who was at her final board meeting, said, “I’m very respectful of the Constitution. My concern is we have no responsibility in this matter. I’m concerned we are assuming the role when, in fact, we are not legally bound to do that. Primarily, as a matter of principle, we should focus our time and money on county matters. These types of resolutions divide us. We should be seeking common ground to solve problems, not getting involved in issues that take our attention away from what we should be doing. This way does have a cost.”

Attorney General asked to give legal opinion on sanctuary counties

What the approval by the county board of supervisors to make Middlesex a Second Amendment Sanctuary County means is unclear, but the message is clear that many county residents do not want the Virginia General Assembly to mess with their right to bear arms.    

Gun sanctuaries    

Middlesex County Attorney Heather Lewis said on Monday that Democrat Jay Jones, Virginia’s 89th District Delegate from Norfolk, has requested a formal legal opinion on Second Amendment sanctuaries from the State Attorney General’s Office.

The letter to the Attorney General written by Jones on December 2 states, “These cities and counties have passed resolutions stating they will refuse to enforce and restrict state gun laws. The bills passed by the General Assembly and signed into law by the Governor are binding for our entire Commonwealth and its citizens. The legal precedent we would set by allowing communities to selectively ignore those laws is alarming and indicative of the same mindset that nearly one hundred and fifty years ago led this country to dissolve into a civil war.

“A formal opinion would be helpful and instructive to local officials across the state as Boards of Supervisors and City Councils continue to receive requests to join the gun sanctuary movement,” wrote Jones.

“It is critical that we in the General Assembly know the stance of our state’s Attorney General on this issue so that any legislation passed on the subject both addresses and complies with its official opinion,” Jones wrote.

Jones also wrote, “While I believe there is no binding effect (of gun sanctuaries) whatsoever, we would benefit from a definitive opinion going into the 2020 session.”

Although there has been no official written opinion yet by State Attorney General Mark Herring, he did say on Monday, December 9, that counties and cities that have passed sanctuary resolutions are “ginned up by the gun lobby to try to scare people,” and that those localities will have to abide and enforce any new gun safety laws passed by the 2020 General Assembly.

Sheriff’s Response

Middlesex Sheriff David Bushey said this week that even though state laws may be passed restricting guns, he feels he is not obligated to enforce laws that go against the United States Constitution and the constitutional rights of citizens to bear arms.

At the Middlesex Supervisors’ December 3 meeting at St. Clare Walker Middle School, Bushey said he is in support of the Virginia Sheriff’s Association opinion made in 2009 to support all Virginians having the right to bear arms under the Second Amendment of the Constitution.

Bushey said that if a law is passed requiring him to take certain guns, he is going to build a billboard stating that this sheriff is not collecting guns and for people to “take them to the state police.”

“House Bill 16 went way beyond the meaning of the Second Amendment by trying to take away certain guns,” said Bushey. “This [bill] is a left-wing proposal. Gun sanctuaries out West [in the United States] have been deemed legal and they should be legal in the East.”

Democratic state legislators and Democratic Governor Ralph Northam are introducing a series of gun laws, such as Bill 16, in the Virginia General Assembly. This is coming on the heels of Democrats gaining control of both the House and Senate in the state legislature in the 2019 election.

“I can’t go against the United States government,” said Bushey. “That’s what these proposed state laws are doing, going against our U.S. Constitution.”

Sheriff Bushey said that the proposed gun laws are being introduced by a few liberal left-wing delegates. “They live in places where it takes 30 seconds for the police to respond to a 911 call,” he said. “We live in a rural community where it may take as much as 25 minutes. We rely on citizens to take care of themselves until we get there. Sometimes it means citizens need to have guns.

“The vote last week has made it easier for me,” said Bushey. “The people in Middlesex have spoken. They don’t want any more gun restrictions.”

Sheriff Bushey said when he was taking his son to school on Wednesday, December 4, the day after the hearing, citizens driving by gave him a thumbs up and flashed their lights in support of his stance.