VA HB67 - Termination of Public Safety Employees

babalou · Dec 14, 2019

Hmmm

randomuser said:
I'm glad too. I got tired of their incremental Sh!t that everyone seems to go along with. The whole boiling frog thing. You hit the nail on the head.

100 people cannot ban something that 1,000,000 people have unless the 1,000,000 decide individually on their own to comply. If the 1,000,000 decide not to comply and stick together, there is literally nothing that the 100 can do.

It's about solidarity. Until this VA thing, I have not seen any true solidarity. I'm glad that both sides at this point are showing how they intend to play this out.

Do they not have FUDDs in VA? Surprised the send in the clowns song from dems with them has not commenced

babalou · Dec 14, 2019

Bingo

Allen65 said:
The problem is up until now, lower courts have hung on Scalia's Heller language about the right not being unlimited to mean that any regulation short of an absolute ban is acceptable. They've also given extreme deference to Government public safety arguments without requiring any analytic evidence that public safety will actually benefit from the challenged regulations. The end result is a standard that is, defacto, even lower than rational basis.

A solid, wide-ranging decision on standards of scrutiny in NSYRPA may fix that misunderstanding, but probably not before VA risks turning tens of thousands of its citizens into felons overnight.

100% here

DivingDriver · Dec 14, 2019

We will be right behind them after this legislative session. I feel that everything they tried to push thru last session will be introduced again this coming up year with slightly different language to try to make it seem "not so bad". Might want to think about contacting your local legislatures and let them know how you feel.

randomuser · Dec 14, 2019

DivingDriver said:
We will be right behind them after this legislative session. I feel that everything they tried to push thru last session will be introduced again this coming up year with slightly different language to try to make it seem "not so bad". Might want to think about contacting your local legislatures and let them know how you feel.

They will do it every chan e they get until that one time when it passes.

I'm not good at darts but if you let me throw a few every single year I'll get a bullseye every once in a while.

They dont have to win every time. How often do bad laws get removed?

The frog has been in lukewarm water for a while now and finally in Va they have turned it up to fast. I'm glad really. If they did not go to that extreme I think the frog would have continued to stay in the water.

I think many of us just want to be left alone to live our life.

Alea Jacta Est · Dec 14, 2019

Left alone.

Live our life.

Not on the lib agenda.

HaveBlue · Dec 14, 2019

randomuser said:
I think many of us just want to be left alone to live our life.

Greetings Komrad Randomuser,

I hope this notice finds you fit enough for work in the mines! As part of your re-education we will help you to understand the selfishness of your desires. Kindly adjust your attitude or we will be obliged to destroy your families lives while you are executing your improvement program.

Best Wishes,
Vlad

motorcoachdoug · Dec 15, 2019

I wonder how many VA State PD,county and local LEO plus the national guard will do what the gov wants and carries out the orders that are totally unconstitutional both at state level and federal level? If the state demorats pass that bill saying all LEO who refuse to carry out the orders of the state gov are fired where will they get manpower to fill each and every open slot left after they fired all those LEO? Is their anyway those who are writing up and planning to order the unconstitutional orders be arrested and charged with conspiring to do harm to the citizens of Virginia ? or what happens if he does declare Martial law ? One thing I did find interesting while looking up VA national guard laws under the VA constitution is this

2014 Virginia Code
Title 44 - Military and Emergency Laws
§ 44-78.1. Request for assistance by localities

Universal Citation: VA Code § 44-78.1 (2014)
In the event of the circumstances described in subdivision A 2, 4 or 5 of § 44-75.1 arise within a county, city or town of the Commonwealth, either the governing body or the chief law-enforcement officer of the county, city or town may call upon the Governor for assistance from the militia. The Governor may call forth the militia or any part thereof to provide such assistance as he may deem proper in responding to such circumstances, but in all instances the militia shall remain subject to military command and not to civilian authorities of the county, city or town receiving assistance.

Here is a link to the VA code for the VA National Guard https://law.justia.com/codes/virginia/2014/title-44/

MigraineMan · Dec 15, 2019

motorcoachdoug said:
In the event of the circumstances described in subdivision A 2, 4 or 5 of § 44-75.1 arise within a county, city or town of the Commonwealth, either the governing body or the chief law-enforcement officer of the county, city or town may call upon the Governor for assistance from the militia. The Governor may call forth the militia or any part thereof to provide such assistance as he may deem proper in responding to such circumstances, but in all instances the militia shall remain subject to military command and not to civilian authorities of the county, city or town receiving assistance.

Here is a link to the VA code for the VA National Guard https://law.justia.com/codes/virginia/2014/title-44/

The bolded part would seem to suggest that the Guv'nah may not peel-off a detachment of the militia and use it as his personal band of jackbooted thugs.

Interestingly, § 44-75.1 (A) (2) states -

2. When any combination of persons becomes so powerful as to obstruct the execution of laws in any part of this Commonwealth;

I don't think that section was explicitly called out by accident. Probably not intended for this potential situation ... more likely land-barons or gangs. But it still prohibits the Governor from directing military force against the civilian population. He has to ask the military "pretty, please." One would hope that he military commanders' first response would be "You want us to do what?"

Pinecone · Dec 17, 2019

Norton said:
https://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+HB67

Looks like they are going to double down.

Redefine "public safety employee" and then say that if they don't follow through on their order, legitimate or not, they will be terminated.

Hmm, strange wording. Any ONE of them, or IN CONCERT with 2 or more.

So two is OK. Just not 1 or 3 or 3+

And wouldn't this include prosecutors that do not fully prosecute ALL violations of the law??????

E.Shell · Dec 17, 2019

motorcoachdoug said:
I wonder how many VA State PD,county and local LEO plus the national guard will do what the gov wants and carries out the orders that are totally unconstitutional both at state level and federal level?

The only ones that will carry out unconstitutional orders are the very few with bills to pay, families to feed or their retirement to consider. All of the others are on the side of the citizen and Constitution.

Why would it be any different than here or anywhere else that has unconstitutional laws that constantly need enforcement?

Doctor_M · Dec 17, 2019

motorcoachdoug said:
I wonder how many VA State PD,county and local LEO plus the national guard will do what the gov wants and carries out the orders that are totally unconstitutional both at state level and federal level? If the state demorats pass that bill saying all LEO who refuse to carry out the orders of the state gov are fired where will they get manpower to fill each and every open slot left after they fired all those LEO? …

MS-13

Raineman · Dec 17, 2019

E.Shell said:
The only ones that will carry out unconstitutional orders are the very few with bills to pay, families to feed or their retirement to consider.

Hard to do any of those three if you're....well....you know.

Mark75H · Dec 17, 2019

motorcoachdoug said:
... where will they get manpower to fill each and every open slot left after they fired all those LEO?...

Doctor_M said:
MS-13

Like the British re-arming the Japanese to get between the French and Vietnamese back in the '40's

randomuser · Dec 18, 2019

Raineman said:
Hard to do any of those three if you're....well....you know.

They did it during katrina.

MichaelZWilliamson · Dec 18, 2019

willfully refuses to perform the duties of his employment

Soo...they MUST deport illegals and issue speeding tickets for 1 mph over?

I'll be updating this summary as I go, but basically, the governor failed basic civics and can't do most of what he's bleating about.

http://www.michaelzwilliamson.com/blog/index.php?itemid=520

I also don't think the state has any authority to redefine terms of employment, if it didn't already have authority to define them in the first place.

chauncey · Dec 18, 2019

Deleted

MichaelZWilliamson · Dec 18, 2019

MichaelZWilliamson · Dec 18, 2019

chauncey said:
Sooo....

How does (or more accurately DOES NOT) this law apply to Law Enforcement officials - notably police chiefs - who require that their officers DO NOT enforce immigration laws and DO NOT notify ICE?

Wasn't a Fairfax County VA officer recently disciplined or fired for turning over an Illegal Immigrant to ICE as the result of a traffic stop?

The laws are flexible depending on which laws they are, silly. Liberals laws good! Conservative laws bad!

deputyG23 · Dec 18, 2019

Norton said:
Good - let's get this over with. If Virginia LEOs can't see that they are nakedly being used as political pawns then they are looking very hard. They need to have their unions pushing back like crazy on this.

No unions in VA public safety.
Right to work state.

gbalog · Dec 18, 2019

Looks like the commonwealth is heading for a showdown. The "antis" just may have overplayed their hand on this issue. I see where Accomack County is the latest to consider sanctuary status.

VA HB67 - Termination of Public Safety Employees

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