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Virginia’s Largest City Becomes Second Amendment Constitutional City

Gabriella Hoffman
by Gabriella Hoffman Read Profile arrow_right_alt

The City of Virginia Beach voted 6-4 last night to become a ‘Second Amendment Constitutional City’.

Per WKTR, Mayor Dyer, Vice Mayor Wood, Council Members Moss, Abbott, Berlucchi and Wilson all voted yes.

This resort town, home to 460,000 people, is the largest city in the Commonwealth of Virginia. The resolution reads in part like this:

3 WHEREAS, the Second Amendment of the United States Constitution guarantees
4 that the ” right of the people to keep and bear arms shall not be infringed;”
5 WHEREAS, the Virginia Bill of Rights, which is part of the Constitution of Virginia,
6 also protects the ” right of the people to keep and bear arms;”
7 WHEREAS, the United States Supreme Court, in District of Columbia v. Heller,
8 affirmed an individual’ s right to own and possess firearms for self-defense within the home
9 or for other lawful purposes;
10 WHEREAS, the United States Supreme Court, in McDonald v. Chicago, affirmed
11 that the Second Amendment of the United States Constitution applies to the states
12 through the Due Process Clause of the Fourteenth Amendment of the United States
13 Constitution;
14 WHEREAS, the City Council strongly believes that the right of citizens to keep and
15 bear arms is a fundamental right that should be protected to the greatest degree possible;

WHEREAS, the members of the City Council have taken an oath to defend and
17 uphold the Constitution of the United States and the Constitution of the Commonwealth
18 of Virginia;
19 WHEREAS, the City Council is concerned that certain pre-filed legislation for the
20 2020 session of the General Assembly may threaten the rights of law- abiding citizens to
21 keep and bear arms guaranteed by the constitutions of the Commonwealth of Virginia
22 and of the United States;
23 WHEREAS, the City Council expresses opposition to any law that would
24 unconstitutionally restrict the rights of law-abiding citizens of the City to keep and bear
25 arms; and WHEREAS, the City Council desires to act in the best interests of the residents of
27 the City, and accordingly, the Council hereby express its sentiments with regard to this
28 important and fundamental right;
31 1. The City Council hereby expresses its continued commitment to support all
32 provisions of the Constitution of the United States and the Constitution of the
33 Commonwealth of Virginia, including the right of the people to keep and bear arms

;The City Council hereby expresses its strong support for the rights of law-abiding
36 citizens to keep and bear arms and urges the members of the General Assembly
37 and the Governor to take no action which would violate the freedoms guaranteed
38 by either the Virginia Bill of Rights or the federal Bills or Rights;
40 3. The City Council hereby declares the City of Virginia Beach a “Second Amendment
41 Constitutional City;”
43 4. The City Council hereby supports the actions of other elected bodies making
44 similar declarations on behalf of Virginia counties, cities, and towns; and
46 5. The City Council hereby directs the City Manager to forward a copy of this
47 resolution to the City’ s General Assembly delegation and to the Governor of
48 Virginia.

Republican activist and Virginia Beach resident Scott Presler tweeted the final vote:

He also filmed the overflow crowd from last night’s meeting on the vote:

I heard reports from several people on the ground that upwards of 1,700 concerned residents in favor of this resolution were present. That’s impressive.

While this move doesn’t have as much teeth as the sanctuary county votes, it’s a symbolic gesture showing Virginia Beach, home to several military installations and next door to the world’s largest naval base, is reliably pro-gun.

This vote to affirm support for the Second Amendment will stun gun control activists, who thought they could exploit that tragedy that befell the city on May 31st, 2019. However, many survivors of the municipal building felt these interests exploited this tragedy for their cause. One survivor, Vincent Smith, told WAVY back in November he hoped the city would become a sanctuary Second Amendment city:

“You cannot legislate the evil out of man’s heart. Evil exists and no law is going to change that,” Smith said.

He added it’s still a work in progress, but proposed legislation in Richmond for gun control is not the answer.

“They affect honest people like me. I’m not a criminal, I’m an outstanding citizen, I just happen to own guns and they want to make me a felon for possessing those guns,” said Smith.

Smith is a Virginia Beach resident and a city employee who was affected by the May 31 tragedy, too. Still, he is proposing Virginia Beach become a Second Amendment sanctuary.

“The resolution basically tells Richmond that the City of Virginia Beach is not going to spend money and effort and resources trying to enforce laws that Richmond passes that are unconstitutional,” he said.

Kate Nixon, who tragically lost her life on May 31st, told her husband the night before she wanted to take her firearm to work but didn’t follow through since her workplace is a gun-free zone:

Kate Nixon had considered taking a gun to work on May 31, the day a co-worker killed her and 11 others in the country’s deadliest mass shooting this year, a family attorney said on a radio show Monday.

So on the night of May 30, Nixon had discussed with her husband, Jason, “whether or not she should take a pistol and hide it in her handbag,” Martingayle said. She decided against it because of a city policy that prevents employees from bringing weapons to work.

As of this writing, 88 of Virginia’s 95 counties are sanctuary Second Amendment counties, joined by 30 sanctuary and constitutional Second Amendment cities and towns—totaling 118 localities. Nearby Chesapeake, Virginia, unanimously voted to become a Second Amendment constitutional city on December 10th, 2019.

Virginia’s General Assembly will go into session for 60 days starting tomorrow, January 8th, where dozens of gun control bills have been pre-filed and are expected to pass in both respective chambers.

The NRA is holding an event in Richmond on Monday, January 13th, to respond to these pre-filed bills, while Virginia Citizens Defense League will host its annual Lobby Day on the following Monday, January 20th.

The Resurgent will continue to monitor the burgeoning Second Amendment sanctuary movement here in Virginia and any updates from Richmond regarding gun control legislation during this legislative session.


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