AG Herring opinion on resolutions passed by localities across Virginia

AG Mark Herring

Attorney General Herring issued an advisory opinion December 20th concluding that the resolutions passed by localities across Virginia declaring themselves exempt from new gun safety laws that the General Assembly may enact have “no legal effect”. Additionally, he concludes that localities and local constitutional officers “cannot nullify state laws” and must follow gun violence prevention measures passed by the General Assembly.

Sadly, Virginia has felt the effects of the gun violence epidemic that continues to plague our country. Over 10,000 Virginians have been killed by a gun since 2007. The Commonwealth has also been home to numerous mass shootings including the 2019 tragedy in Virginia Beach where 12 people were killed and four others wounded.

Attorney General Herring has continued to push for gun safety reforms in Virginia including universal background checks, a red flag law that would reduce the risk of someone in crisis hurting themselves or others, and reinstating the one handgun per month law. These gun measures would make Virginia safer and reduce the number of gun injuries and fatalities according to the Attorney General.

“When the General Assembly passes new gun safety laws they will be enforced, and they will be followed. These resolutions have no legal force, and they’re just part of an effort by the gun lobby to stoke fear,” said Attorney General Herring. “What we’re talking about are the kind of commonsense gun safety laws that Virginians voted for just a few weeks ago, like universal background checks to make sure that dangerous people aren’t buying guns. Too many Virginians have lost their lives to guns and it is well past time that we enact these gun safety measures that will save lives and make our communities safer.”

Here are a few key lines from the opinion:

• “…constitutional, statutory, and common law doctrines establish 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.”

• “By their own terms, these resolutions have no legal effect.”

• “…all localities, local constitutional officers, and other local officials are obligated to follow duly enacted state laws…both the Virginia Constitution and the Code of Virginia specifically establish the supremacy of laws passed by the General Assembly over local ordinances and policies…Nor have localities been delegated any authority – either express or implied – to exempt themselves (or anyone else) from gun violence prevention statutes.”

• “…neither local governments nor local constitutional officers have the authority to declare state statutes unconstitutional or decline to follow them on that basis.”

Click here to download the advisory opinion issued by AG Herring.

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