Second Amendment Sanctuary? What does this actually mean?

Posted by: Armageddon2022

Second Amendment Sanctuary? What does this actually mean? - 08/31/22 08:34 PM

I’m curious if my county is a second amendment sanctuary, and it is, what actual privileges that grants. I have a guy wondering if that means we are allowed to do firearm transfers privately (that is, on resident of Va to another resident of Va) without going through an FFL. Any clarification on this is greatly appreciated.
Posted by: k3armory

Re: Second Amendment Sanctuary? What does this actually mean? - 08/31/22 09:27 PM

Originally Posted By: Armageddon2022
I’m curious if my county is a second amendment sanctuary, and it is, what actual privileges that grants.


Just like "Sanctuary Cities" in reference to immigration - but for gun laws instead. https://www.acslaw.org/wp-content/uploads/2021/03/The-Rise-of-Second-Amendment-Sanctuaries.pdf


Originally Posted By: Armageddon2022
I have a guy wondering if that means we are allowed to do firearm transfers privately (that is, on resident of Va to another resident of Va) without going through an FFL.


That is defiantly NOT what it means. Background checks are now required for all private party firearm transfers in every VA city/town/county/etc.
Posted by: Armageddon2022

Re: Second Amendment Sanctuary? What does this actually mean? - 08/31/22 09:47 PM

How do I know you’re not just working for Big FFL? Just kidding wink. Thanks for the information.
Posted by: Armageddon2022

Re: Second Amendment Sanctuary? What does this actually mean? - 08/31/22 09:57 PM

So I’m reading through that pdf you posted, and maybe I just didn’t eat enough crayons for dinner, but I don’t see much specific action SAS provides. It basically comes across as “we won’t comply… next time!” So what actual specific privileges does one have in a second amendment sanctuary versus a more Agenda-2030-esque county? wink

Also, when did Northam screw Virginia and force private transfers through an FFL? Was that before all this SAS stuff? Was the SAS stuff in reaction to Northam royally screwing up the private firearm transfer situation for everyone?
Posted by: k3armory

Re: Second Amendment Sanctuary? What does this actually mean? - 09/01/22 07:03 AM

Originally Posted By: Armageddon2022
So I’m reading through that pdf you posted, and maybe I just didn’t eat enough crayons for dinner, but I don’t see much specific action SAS provides. It basically comes across as “we won’t comply… next time!” So what actual specific privileges does one have in a second amendment sanctuary versus a more Agenda-2030-esque county? wink


That would depend on what exact issue a particular municipality has an issue with and what specifically they plan to do (or NOT do) about it. Could be different for every location (https://www.wsls.com/news/local/2019/11/...being-discussed). But at the end of the day...it probably doesn't amount to much tangible. It's likely just symbolic. The laws are still the laws.



Originally Posted By: Armageddon2022
Also, when did Northam screw Virginia and force private transfers through an FFL? Was that before all this SAS stuff? Was the SAS stuff in reaction to Northam royally screwing up the private firearm transfer situation for everyone?


Since July 1, 2020. Technically it was the State Legislature (House and Senate) that passed it. Referred to as the "Virginia Universal Background Check Law": https://www.k3armory.com/blog/virginia-universal-background-check-law
Posted by: Armageddon2022

Re: Second Amendment Sanctuary? What does this actually mean? - 09/01/22 09:27 AM

Wow, interesting. So in other words, they implemented these Second Amendment Sanctuaries before Northam even did the deed and yet they didn’t think forward enough to actually make any legal framework to disregard the unconstitutional laws. Not surprised since that’s basically Republicans in a nutshell but definitely is disappointed that ultimately the SAS bit is hollow and rhetorical, not tangible.
Posted by: k3armory

Re: Second Amendment Sanctuary? What does this actually mean? - 09/01/22 11:27 AM

I don't know how the timeline unfolded exactly of what happened first - and I'm sure it was different timing for every locality.

But I'm guessing it wasn't just in response to the Universal Background Check deal. More likely red flag laws, longer delays for background checks, etc, etc. Basically all the additional restrictions recently placed on purchases/transfers. As well as all the stuff being proposed at both the State and Federal levels.

I've always thought of it as more of a posturing statement aimed at the Feds, rather than State.
Posted by: Armageddon2022

Re: Second Amendment Sanctuary? What does this actually mean? - 09/02/22 10:28 AM

How is a universal background check different from the common 4473 form (I think that’s what it’s called) that one fills out when transferring a firearm?
Posted by: k3armory

Re: Second Amendment Sanctuary? What does this actually mean? - 09/05/22 04:18 PM

It's not different at all.

4473 is the Federal ATF form. SP-65 is the Virginia State Police form. Both are filled out prior to submitting for a background check. FFL Dealer and buyer have sections they must complete on both.

Nothing is different about that process now regardless if you're buying directly from an FFL Dealer/gun shop OR a private party. Same forms, same submission process, same criminal history checks are performed, same tasks Dealers have to do (log in/out)...same everything.

Universal Background Check is just Virginia's way of saying you now need the same background check to buy from private party as you always have from a Dealer. Needing a background check is "universal", regardless of who you buy a firearm from.