BERRYVILLE — Following in the footsteps of other Virginia jurisdictions, Berryville Town Council will consider adopting a resolution in support of gun rights this week.

The resolution will be discussed at the council meeting at 7:30 p.m. Tuesday in the Berryville-Clarke County Government Center, 101 Chalmers Court.

Last week, the Clarke County Board of Supervisors adopted a resolution urging the General Assembly and Congress “not to adopt or enact any law that would infringe on the right to keep and bear arms in violation of the Second Amendment” of the U.S. Constitution. The resolution was drafted after the board, during two Dec. 17 meetings, heard from numerous people concerned about proposed gun control measures that state lawmakers are to consider during the current General Assembly session. The proposed legislation includes universal background checks, an assault weapons ban and laws giving police the ability to seize weapons from people who they determine could harm themselves or others.

The Frederick County Board of Supervisors and Winchester City Council also have seen large crowds of gun rights supporters at recent meetings. In response, the Frederick supervisors adopted a “Second Amendment Sanctuary” resolution in December. City Council will discuss the matter further at a 6 p.m. Tuesday work session at John Kerr Elementary School, 427 Meadow Branch Ave., according to an online meeting agenda.

In recent months, at least 91 of Virginia’s 95 counties, plus 12 cities and 22 towns, have adopted resolutions opposing new gun restrictions. In response to the resolutions, Virginia Attorney General Mark Herring has said localities do not have the authority to not enforce laws, whether they are new or existing laws.

Two potential resolutions are in the Berryville Town Council agenda packet for consideration.

One, submitted by a resident and which apparently has been circulated statewide, would declare Berryville “a sanctuary town for Second Amendment rights.”

The other resolution is a duplicate of Clarke’s, with a few minor alterations.

Berryville Town Manager Keith Dalton said he recommends that council consider the latter resolution first.

“It’s been vetted by our attorney,” he said. The county and town use the same lawyer.

However, “it will be up to them” to decide which resolution — if either — they adopt, Dalton said, referring to council members.

— Contact Mickey Powell at mpowell@winchesterstar.com

(8) comments

JEngels

Definitely let's get rid of the 2nd amendment. Great idea.

TonyR

I am a USMC veteran and competitive shooter. I am not anti-gun. I am pro the rule of law.

We are considering today because the 1st Amendment grants us the right to assemble and to petition our elected officials. Without that right, the Mayor could order us removed and sent to the common goal.

Were that to happen, the 5th Amendment prevents the government from torturing a confession out of us. Without that right, and with torture, we would confess - to anything.

Were that to happen, the 6th Amendment grants us the right to a fair trial and the right to counsel - who could bring up the torture being a factor in the confession. Without that right there would be no trial.

Were that to happen the 8th Amendment prevents the government from having us hanged, drawn, and quartered and our remains left in the Gazebo at Rose Hill Park.

These are foundational amendments that speak to the rule of law and govern the interaction between citizens and the state. These amendments separate us from a monarchy or despotic rule. I am against giving up any of these rights. I would not trade away any of them.

These rights facilitate the pursuit of life, liberty, and happiness.

The 2nd Amendment contains 27 words - the same as the number of Constitutional Amendments. The 2nd Amendment grants the right “...to keep and bear arms…”. There is no mention of buying, selling, transporting, carrying, manufacturing, discharging, gifting, taxing, registering, regulating, limiting, or collecting of arms. There is actually no definition of the term “bear arms”.

The refinement and interpretation of the 27 words in the 2nd Amendment has been formed and determined through the legal process of legislation and adjudication. By the rule of law - even when the law is stretched or questionably decided. The rule of law allows for self-correction. To this end, the Founders gave us the tools to amend the Constitution as the world and the nation evolve and face new challenges.

The Founders believed that successive generations would follow the rule of law.

What we have today is something different entirely. Current discussions regarding 2nd Amendment sanctuary cities are neither about the rule of law nor an actual risk of anyone “taking our guns”.

The current activity has nothing to do with our Constitutional Republic. It has nothing to do with the Constitution. It has nothing to do with the rule of law. It is about guns. And only guns.

It is a statement about defying the rule of law - the thing that makes us civilized.

That is not what the Founders intended. Their vision was a nation guided by reason, ideas, and laws.

The 2nd Amendment sanctuary movement in Virginia is looking more like another “massive resistance” movement. History has shown the failure of that thinking.

The 2nd Amendment sanctuary movement is like calling for a One Commandment Church

Paxet Justitia

The 2nd Amendment movement is such because it is the 2nd Amendment that is under assault right now. Nobody passing laws to permit drawing and quartering right now.

My response is focused on the one very important, even critical phrase you left out in what otherwise is an eloquent tribute to our Bill of Rights when you quoted the 2nd Amendment. You failed to include the restriction on the government: "shall not be infringed." So anything that infringes on the right to keep and bear arms is a violation of the rule of law. If someone wants to argue something is not an infringement of that right, then they need to show by history and jurisprudence why it isn't an infringement.

Here we have a bare political majority in the government proposing and passing and likely signing into law and attempting to enforce a total ban on THE most common and useful of firearm models in the United States today, the AR-15 model, with standard magazines useful for the common defense. Not only that model, but any that has similar capability for use in the common defense. I mean, c'mon, what types of firearms do you think the 2nd Amendment guarantees a citizen a right to keep and bear? For Pete's sake.

You trying to malign good people by linking them to a racist movement of "massive resistance" is shameful.

No, the rule of law is not being defied by the pro-2A crowd, but by those pretending they are not infringing on our right to keep and bear arms, and perjuring themselves while swearing to support the Constitution, that's who's defying the rule of law. Sure, the 2A crowd is resorting to extraordinary measures, but then, so did our Founding Fathers when the Crown came for their rights too.

Paxet Justitia

https://www.facebook.com/Virginia-1-13-100783788135553/

Ping

Not at all.

ShruggingAtlas

Take that same logic and apply that to "sanctuary cities" for illegal aliens -- is that not against your "rule of law"?. You also seem to forget that the Founders wanted a limited govt, both in size and scope, which is why said amendments you cited here were put in place. they feared the morally corrupt politicians in the majority now would try to usurp those rights had they not been protected by those amendments. Your argument and logic is invalid.

TonyR

The founders gave us the tools to amend the Constitution. The 2nd Amendment can be eliminated or modified at a Constitutional Conference. There is growing sentiment for this with a new generation of voters. My logic is not flawed. You are talking about guns. And only guns. There is nothing you would fight for except keeping your guns. And the fight would be pro forma.

Ping

Did the Founders bow down to British law? Want a little tea with your crow?

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