Virginia House Bill No. 67: Criminalizing Law Enforcement Failure To Enforce Gun Confiscation Laws?

BY Herschel Smith
1 month, 1 week ago

Virginia House Bill No. 67 is very interesting.

HOUSE BILL NO. 67
Offered January 8, 2020
Prefiled December 5, 2019
A BILL to amend and reenact §§ 40.1-55 through 40.1-57.1 and 40.1-58.1 of the Code of Virginia, relating to strikes by certain government employees.

———-
Patron– Carter
———-
Committee Referral Pending
———-
Be it enacted by the General Assembly of Virginia:

1. That §§ 40.1-55 through 40.1-57.1 and 40.1-58.1 of the Code of Virginia are amended and reenacted as follows:

§ 40.1-55. Public safety employee striking terminates, and becomes temporarily ineligible for, public employment.

A. As used in this article, “public safety employee” means any law-enforcement officer, as defined in § 9.1-500.

B. Any public safety employee of the Commonwealth, or of any county, city, town or other political subdivision thereof, or of any agency of any one of them, who, in concert with two or more other such employees, for the purpose of obstructing, impeding or suspending any activity or operation of his employing agency or any other governmental agency, strikes or willfully refuses to perform the duties of his employment shall, by such action, be deemed to have terminated his employment and shall thereafter be ineligible for employment in any position or capacity during the next twelve 12 months by the Commonwealth, or any county, city, town or other political subdivision of the Commonwealth, or by any department or agency of any of them.

§ 40.1-56. Department head, etc., to notify public safety employee of such termination, etc.

In any such case the head of any department of the state government, or the mayor of any city or town, or the chairman of the board of supervisors or other governing body of any county, or the head of any other such employing agency, in which such a public safety employee whose employment was terminated pursuant to § 40.1-55 was employed, shall forthwith notify such public safety employee of the fact of the termination of his employment and at the same time serve upon him in person or by registered mail a declaration of his ineligibility for reemployment as before provided. Such declaration shall state the fact upon which the asserted ineligibility is based.

§ 40.1-57. Appeal by public safety employee from declaration of ineligibility.

In the event that any such public safety employee whose employment was terminated pursuant to § 40.1-55 feels aggrieved by such declaration of ineligibility he may within ninety 90 days after the date thereof appeal to the circuit court of the county or the circuit court of the city in which he was employed by filing a petition therein for a review of the matters of law and fact involved in or pertinent to the declaration of ineligibility. A copy of the petition shall be served upon or sent by registered mail to the official signing the declaration, who may file an answer thereto within ten 10 days after receiving the same. The court or the judge thereof in vacation shall, as promptly as practicable, hear the appeal de novo and notify the employee and the signer of the declaration of ineligibility of the time and place of hearing. The court shall hear such testimony as may be adduced by the respective parties and render judgment in accordance with the law and the evidence. Such judgment shall be final.

§ 40.1-57.1. Appeal by employer for reemployment of terminated public safety employee.

Notwithstanding any provision of law to the contrary, in the event that the employer of an individual terminated under this article deems it necessary for the protection of the public welfare that such individual be reemployed within the twelve 12 months following his termination, the employer may, within ninety 90 days after the date of the declaration of ineligibility, appeal to the circuit court of the county or the circuit court of the city in which the individual was employed by filing a petition therein setting forth the reasons why the public welfare requires reemployment. A copy of the petition shall be served upon or sent by registered mail to the former public safety employee, who may file an answer therein ten 10 days after receiving the same. The court or the judge thereof in vacation shall notify the employer and former public safety employee of the time and place of the hearing on the appeal, such hearing to be de novo and to be held as promptly as possible. The court shall hear such testimony as may be adduced by the respective parties and render judgment in accordance with the law and the evidence. Such judgment shall be final.

§ 40.1-58.1. Application of article to public employers and public safety employees.

As used in this article, the words, “person,” “persons,” “employer,” “employees,” “union,” “labor union,” “association,” “organization,” and “corporation” shall include but not be limited to public employers, public employees, and any representative of public employees in this the Commonwealth. The application of this article to public employers, public employees, and their representatives shall not be construed as modifying in any way the application of § 40.1-55 to government public safety employees as defined in such section.

To begin with our analysis, let’s make it clear that this reenacts an existing law, while also amending that existing law.  And just to make it clear (it’s a shame we have to do this, but in order to placate other bloggers who might get their panties all wadded up), there are strike-throughs, italics and existing laws that need to be fisked in order to understand what they’re proposing.

If one reads the existing law in 40.1-55, it currently says the following.

Any employee of the Commonwealth, or of any county, city, town or other political subdivision thereof, or of any agency of any one of them, who, in concert with two or more other such employees, for the purpose of obstructing, impeding or suspending any activity or operation of his employing agency or any other governmental agency, strikes or willfully refuses to perform the duties of his employment shall … [ bold mine].

This is being amended and reenacted (as I’ve said before, reenacting a law is slightly different than simply amending it) to read as follows, citing from above.

A. As used in this article, “public safety employee” means any law-enforcement officer, as defined in § 9.1-500.

B. Any public safety employee of the Commonwealth, or of any county, city, town or other political subdivision thereof, or of any agency of any one of them, who, in concert with two or more other such employees …

So it would appear that whereas the law once would have addressed striking state road workers, for instance, it now completely ignores them and other state employees to include only LEOs.  It now says “Any employee,” and the proposal is for it to say “Any public safety employee.”  This is defined as follows.

“Agency” means the Department of State Police, the Division of Capitol Police, the Virginia Marine Resources Commission, the Virginia Port Authority, the Department of Game and Inland Fisheries, the Virginia Alcoholic Beverage Control Authority, the Department of Conservation and Recreation, or the Department of Motor Vehicles; or the political subdivision or the campus police department of any public institution of higher education of the Commonwealth employing the law-enforcement officer.

“Law-enforcement officer” means any person, other than a Chief of Police or the Superintendent of the Department of State Police, who, in his official capacity, is (i) authorized by law to make arrests and (ii) a nonprobationary officer of one of the following agencies:

a. The Department of State Police, the Division of Capitol Police, the Virginia Marine Resources Commission, the Virginia Port Authority, the Department of Game and Inland Fisheries, the Virginia Alcoholic Beverage Control Authority, the Department of Motor Vehicles, or the Department of Conservation and Recreation;

b. The police department, bureau or force of any political subdivision or the campus police department of any public institution of higher education of the Commonwealth where such department, bureau or force has three or more law-enforcement officers; or

c. Any conservation police officer as defined in § 9.1-101.

For the purposes of this chapter, “law-enforcement officer” shall not include the sheriff’s department of any city or county.

This definition includes all state police, but excludes Sheriff’s departments and their deputies, perhaps because they know there is no legal basis for such an inclusion.

In any case, they appear to be frenetically searching for ways to say to their state police, “You’ll enforce our new laws, and if you don’t, we’ll take your job and future pensions away from you.”

As always, I could be wrong about this interpretation.  Feel free to weigh in with comments, but until persuaded otherwise, they appear by this bill to be attempting to criminalize failure of state police agents to implement new firearms regulation, up to and including confiscatory orders.  You try to get another job with “willful refusal to perform the duties of employment” on your resume.

In this case I’d be all too happy to have that conversation with prospective employers in Virginia.  Then again, men with families will be much less flexible.  Moral considerations will need to outweigh practical considerations, and I don’t hold out much hope of that calculus giving a good outcome with many LEOs who are agents of the state rather than deputies in counties.

If you have a different interpretation of this bill, weigh in with comments.

UPDATE: More On House Bill No. 67.

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Comments

  1. On December 16, 2019 at 5:05 am, Badger said:

    Concur. The sole purpose of this “markup” to an existing law is to, by that action, put it on the legislative front-burner, get it covered by their propaganda arms, and have it act as a warning shot across the bow to any who would not do the bidding of The State.

  2. On December 16, 2019 at 6:47 am, Tom said:

    Thank you for your reporting on this important issue. Shot across the bow for LE. This will likely initiate a self purge of the remaining constitutional LE out there. In fact I suspect that has been ongoing for some time but will now rapidly accelerate in places like VA and blue hives where training is ongoing for linguistic biology imaginary concepts. This shit will not end well.

  3. On December 16, 2019 at 7:24 am, Matt Bracken said:

    In face of this, look for a significant percentage of Virginia LEOs covered by this “or else” law to leak information about department policies and TTPs to friends on the outside. After some raids have occurred with violent or even fatal results to gun owners, these patriotic pro-RKBA LEOs still on the inside might even leak information which will lead to the ambush of gun confiscation teams on the way to their targets. Eventually it will lead to gun raiding LEOs being targeted off-duty or at home, which will lead to casualties among the families of these gun-confiscating LEOs, sending their rage into the stratosphere against “domestic terrorist gun nuts.” Action will beget reaction until a low intensity dirty civil war ensues, something along the lines of my first novel, Enemies Foreign And Domestic, which, coincidentally, also kicks off in Virginia.

  4. On December 16, 2019 at 7:29 am, Wes Rhinier said:

    They are begging for this civil war.

    @Matt Bracken curious to your thoughts on this – http://raconteurreport.blogspot.com/2019/12/say-what.html

    Also see comments here – https://ncrenegade.com/editorial/say-what/

    Thanks

  5. On December 16, 2019 at 8:42 am, ragman said:

    For the communists/gun grabbers it had to come to this. The LEOs are not military, I don’t care how tacticool their outfits and gear are. Their fancy RVs may or may not get them to a confiscation raid. They are not used to taking fire from behind or even their periphery. Mr. Bracken’s comments are spot on. This could very well be the “tripwire” spoken of in “The Resister”, an interesting magazine published by the Special Forces Underground in the ’90s. It seems that the confiscators truly believe that American Citizens will turn over their guns and gear simply because some penciled neck geek in Richmond says so. I don’t think so! Americans have not spent hundreds of millions of dollars on guns, ammo, mags, &TC to simply surrender said legally owned property at the whim of fewer than 100 useful idiots.

  6. On December 16, 2019 at 9:55 am, F.T. said:

    It appears that this law, if foolishly enacted, will be the start of an actual Civil War there, which will spread to places like NJ, NY, Ct. and Ma. and othr states that have gone bonkers because of politicians that have no idea what their oath to defend the Constitution meant. Only voting them all out of office will ge their attention. Some places have the “Recall ” option to get rid of bad politicians which means you don’t have to wait toill voting time. You can do it now.
    I wonder how many National Guardsmen are also law enforcement officers either part or full time. What will they do? Talk about being caught in the middle. This will be the war that makes many people HAVE to take a side, and it won’t be the side that wants to punish all law abiding, background checked, licensed gun owners if applicble. This will most likely generate a great deal of court action before the first shots are ever fired but if these politicians don’t stop the bull shit on going after law abiding people, they may find that they made huge mistakes in judgement. They can not come up with any law that works on criminals so they go after the law abiding, thus making many of them no longer law abiding. This country may need a civil war over this issue to get it sorted out properly. I know the politicians don’t have the guts for a war coming to their house in the middle of the night.

  7. On December 16, 2019 at 10:23 am, 41mag said:

    Rock and a hard place. Conscience or cash.

  8. On December 16, 2019 at 10:41 am, Lori G said:

    Let me see if I understand this; any LEO, who has taken an oath to support and defend the constitution of the United States against all enemies foreign and domestic, who will not now break that oath, will lose their job.

    Bring it! Better to know sooner rather than later who is who.

  9. On December 16, 2019 at 10:53 am, Grog said:

    So, this was prefiled on 5 Dec, to be submitted on 8 Jan, and the election results were known by 17 Nov, the orcs sure aren’t wasting any time to push the conflict they very much mistakenly think they can control.

    An interesting thought, what are the odds of some of the state police getting the flu, and therefore be unable to provide the security detail for the orcs?

  10. On December 16, 2019 at 12:03 pm, Archer said:

    As Lori G pointed out, this would seem to cut both ways.

    LEOs take an oath of office, part of which is swearing to uphold the Constitution of the United States and of the State which employs them.

    Violating either would also be “obstructing, impeding or suspending any activity or operation of his employing agency or any other governmental agency”.

    I understand it would require a Constitution-minded Chief of State Police (hah!) to enforce as-intended, but …

    … could not a Sheriff also arrest, hold, and charge a State LEO for impersonating an officer (and myriad other related charges), after showing evidence they have violated their oath of office and thus “be[en] deemed to have terminated his employment”?

    What else would you do to a LEO who has resigned or quit the job, but who continues to wear the uniform, gun, and badge, and continues to act as a LEO?

    It’s something I think every Sheriff in every 2nd Amendment Sanctuary county should consider.

  11. On December 16, 2019 at 12:14 pm, Phil Carson said:

    Yeah man, they are in a real pickle with County Sheriffs’ and Sheriff’s Deputies, and all they deputize too, they are Constitutional Officers of The Law, an entirely different critter than “law” enforcement officers who work directly for The State.
    Armed badged leg-breakers hired, paid for and equipped by nothing else but a tyrant elitist class running things, with the very same wealth extorted by this elitist class from us who they steal that money from, under ultimate penalty of death, by these very same hired armed badged leg-breakers, if any of us refuse to comply.
    Now how fucked up beyond all fucking reality is that?

    But, we are the outlaws and rebels for standing up to this fucking tyranny.
    Gee, that sounds exactly what the war of northern aggression was waged for.
    Funny how history has that circular nature about it.
    Maybe they never stopped waging that war after all these years, it just went mostly non violent war, war nonetheless. And now they are threatening to rekindle their war of yankee aggression. Can’t have the paycheck slave class and only source of creation of wealth, withdrawing consent for the divine rights of kings and despots.

    These acts of defacto law are a certain thing. 1st it’s what dirty stinking commies always do: double down, then when that fails double down again, ad nauseam.
    This amerikan Marxism and these amerikan neo-bolshiviksis, the managerial class who served the old Soviet, called the Nomenklatura, believe they own America fee simple. Their operative marxian style is an ideological farce. They are under everything simply organized crime figures in a shakedown racket.

    The above acts of doubling down until something works, multiplying illegitimate law on top of older failed diktat and decree, aka rule of men, there’s total fucking zero here, nothing about rule of law or the very ideals about rule of law verses rule of men, this latest proscribed activity, is the definition of insanity, repeating the same failed thing over and over hoping for different outcomes.

    It’s part and parcel of what underlies the human extinction movements psychopathy, to understand something about these clowns.
    It’s not that we free dirt people defy them and unequivocally refuse to comply, (though that matters in incredible ways that create new and powerful audacious paradigms), whatever the reasons we resist, but it is that such a human concept as resistance to their special divine power to control others absolutely, ( aka the total FUBAR absence of prudence and responsibility for the unintended consequences caused on their part ), it is that these pieces of human shit, in the first place, can not comprehend that freemen like you and me can conceive of the idea we defy such moral superiority to begin with.

    The whole reality of our simple organic open source grass roots, Withdrawal of Our Consent is what is the most dangerous weapon imaginable, the most powerful weapon ever devised by men.
    Really.
    And…it is our rifles that gives our withdrawal of our consent lethal teeth. The two actually are inextricably linked, like the 1st and 2nd Amendments. The sum of the parts creates something that is more powerful than any weapon, that can only by used by the legitimate, the sovereign man.

    Tell you another thing too. Really nasty crazed tyrants, such as hillary clinton, and their chosen minions and sycophants, they are deep down in their dried up shriveled black hearts, hideously jealous, envy of the great mortal sin kind of jealousy, the shit Satan eats with a spoon, of our power as free and natural born sovereign people, such power as they can only dream of usurping unto themselves, and it drives them to insane heights, to commit acts beyond FUBAR, into the realm of total insanity. As we see right now in Virginia.

    Sure, all that psyco-analys bullshit don’t matter in the larger scheme of shit, only power matters, because power is all there is, the power to kill, the power to destroy, the power to hurt, (sound familiar? recognize who wields that power illegitimately?), power before everything else, including our natural rights and natural laws which guide and govern our dirt people nature and activities, what makes us the civilized free men we are.

    Power in our age grows from the barrel of the gun. The advent of the infantry rifle changed 5000 years of history of the tyrant. And the slaves of tyrants no less yet shitloads more.
    The Rifle. Our Rifles. This is the defining thing, everything else is total fucking bullshit, even Liberty, Liberty is for what’s after you kill these tyrants and win. Nothing else matters, and that is the stage rapidly coming down our throats, so you best get straight with this shit, and your maker, or die.

    And as Chairman Mayo stated regarding that truth of the gun and power: “all political power grows from the barrel of the gun, the party must never be controlled by the gun, the party must always control the gun.”

    Mayo was wrong in one way, of course he would never publicly state it, can’t be giving the slaves and serfs any ideas, that power is not the sole purview of himself and his minions, it’s a two way street.

    The great thing, the really really awesome great thing, we have guns. Lots of guns. There are those of us who will use our guns in defense of all that is secondary to our raw naked power as armed free men.

    All these defacto and inalienable “laws”, diktat and attainders of writ no more no less, all it is is part of the last days of bread & circus of the Republic.

    It is beautiful to watch, to see it happen, the desperate dying gasps of the elitists to stave off the collapse of their institutional order, that all their supposed power and legitimacy boils down to proscribing us dirt people with rifles, outlawing our property.

    The way this ends is by the knife and carbine. It’s the culmination of 245 years, it is the next stage in the birth of living Liberty, and it’s now our turn to see the legacy passed to us is realized and comes to fruition.

    Ol’ Ralphie and his dirty stinking quisling’s are handing us our Freedom and Liberty on a solid golden platter.
    Just think of the things we can do that where very difficult to do any other way.

  12. On December 16, 2019 at 1:31 pm, RM said:

    If the choice is between committing an illegal and immoral act under color of law for baby killing socialists that could result in getting my head blown off or seeking another profession, I know what choice I’d make.

  13. On December 16, 2019 at 1:43 pm, Joe Blow said:

    Vote with your feet. Simple solution.

  14. On December 16, 2019 at 2:22 pm, fubar said:

    so if they report to work, then they have chosen the pension uber alles.
    that simplifies things.

  15. On December 16, 2019 at 2:24 pm, room_101_ said:

    Interesting, that the Virginia Governor’s office is in “The Patrick Henry Building”. The third, fourth, and fifth floors are for the Governor, his Staff, and the General Assembly Staff.

    The Govenor’s office building is less than a mile from St. John’s Church, where on March 23 1775, Mr Patrick Henry gave a timeless speech:
    “…Give me Liberty, or give me Death.” Maybe the Gov has heard of it(?)

    1936 dramatization: https://www.youtube.com/watch?v=HHo-3LEcgQE

    Maybe the office building needs renamed… “Thomas Gage Building” ?
    after the Governor/General that sent the troops to Lexington and Concord

  16. On December 16, 2019 at 2:49 pm, Randolph Scott said:

    To all people out there: nowhere in this situation is there a middle ground. With this situation You are either For the People or you are Against the People, PERIOD.

    No ifs, ands, butts, what-ifs or anything else. Boys, shoot straight and bring a hard rain when it starts. There is no almost won, if this fires up only defeat of the enemy will work.

    I hope someone explains to the state paid LEO’s that when they decide to raid and confiscate the People’s guns they will not need to worry about their shitty job and won’t need a pension fund.

  17. On December 16, 2019 at 3:21 pm, Sanders said:

    This isn’t actually a bad thing.

    The demoncrats have just never heard the saying about when you find yourself in over your head, you should stop digging.

    Keep digging, boys!

  18. On December 16, 2019 at 6:43 pm, Mack said:

    Delegate Carter has explained his bill is about striking employees. That’s all. His bill isn’t about the Sanctuary Movement or defiance.

    Carter is a Progressive, pro-union, pro-marijuana, pro-abortion … but anti-gun.

    His twitter feed has been very active:

    * https://twitter.com/carterforva

  19. On December 16, 2019 at 7:07 pm, Herschel Smith said:

    @Mack,

    Yea, I got your note. I find his answer unimpressive, and his Twitter feed even more so.

    In any case, I’ll follow up tonight on what the man says, including his explanations as to what the bill does and why it does it.

    But (this is my opinion of the bill) he has made an absolute mess of the state code if that was his real intent. The final section doesn’t even need to be there, and gives an open door for application to state employees who aren’t “public safety employees.” I’m not convinced that the bill, as currently stated, does what it is purported to do.

    But I know exactly how it will be applied in the coming days.

  20. On December 18, 2019 at 6:33 am, ceefour said:

    The State is going to turn legal gun owners,tax paying,voting American Citizens into criminals and is now going after the po lice. Intelligence is not a requisite for those peeps in State government. Bad things are going to be the result of this stupidity.

  21. On December 18, 2019 at 6:43 am, ceefour said:

    Maybe it is time to turn on the Siege Mentality. Stock up on MREs and/or freeze dried goodies. Organize your neighborhood. Pray.

  22. On December 18, 2019 at 6:55 am, ceefour said:

    Consider this. All LE has to do is EVERYONE call in drunk for 24 hours. When peeps dial 911 and no one answers………….sure they will be upset with LE but they will be more upset with those ++++++++++++ in Richmond. And where will THEY put all those Legal Gun Owners who don’t comply….how many million?

  23. On December 18, 2019 at 10:54 am, Fred said:

    @ceefour, the “peeps in State government” as least at the top, are very intelligent, very well organized, and have attained the highest education the West has to offer. You excuse them when you make them otherwise. They know exactly what they are doing.

  24. On December 18, 2019 at 11:58 am, ceefour said:

    Then we can’t blame the stupid things they do on their stupidity…….

  25. On December 18, 2019 at 12:13 pm, Fred said:

    It’s unjust to blame a stupid (incompetent) man. That’s why the “ignorance of law is no excuse” nonsense bothers us. Capital punishment is observed by God, yes, a sentient and competent man must suffer the punishment for his iniquity, crimes, and sins. And I wouldn’t even say that the things they are doing are stupid, they are fully justified, self righteous, in their own minds, they don’t think that they are stupid, and that’s what matters. They are competent to stand trial for their sins, the destruction of Western Civilization. Sure we can blame them, as they are as guilty as the day is long.

  26. On December 29, 2019 at 1:22 pm, TBrown said:

    Sounds like the Sherriff departments need to ask the road workers for a little help….. And also deputize the LEO’s that recognize the importance of learning from history.

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You are currently reading "Virginia House Bill No. 67: Criminalizing Law Enforcement Failure To Enforce Gun Confiscation Laws?", entry #22648 on The Captain's Journal.

This article is filed under the category(s) Gun Control and was published December 15th, 2019 by Herschel Smith.

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