CAPITOL BAN
State of emergency, temporary gun ban issued ahead of rally to be held at Capitol
Gov. Ralph Northam says “credible, serious threats” of violence led him to temporarily ban weapons on Capitol grounds and declare a state of emergency in Richmond.
RICHMOND — Thousands of people upset about proposed gun control legislation are expected at the state Capitol on Monday, and Virginia’s governor said he’s received intelligence of “credible, serious threats” of violence that has led him to temporarily ban weapons on Capitol grounds and declare a state of emergency in Richmond.
A gun rights group and some Republicans questioned whether the governor has the legal authority to impose such a ban.
At a news conference Wednesday, Democratic Gov. Ralph Northam said intelligence officials believe out-of-state militia and hate groups will come on Monday, when the gun rights group Virginia Citizens Defense League holds its annual lobby day.
“They are not coming to peacefully protest. They are coming to intimidate and to cause harm,” Northam said of the out-of-state groups.
All weapons will be banned from Capitol grounds from 5 p.m. Friday to 5 p.m. Tuesday. There will be one entrance to the grounds on Monday, at 9th and Bank streets, where people will have to pass through metal detectors. Roads around the Capitol will be closed.
The banned weapons list is extensive and includes guns, bats, torches, knives, shields, helmets and pepper spray.
House Republicans, who have largely been opposed to the gun legislation, said in a statement they recognized the concerns about potential violence at the rally and hoped people wouldn’t be discouraged from coming on Monday.
“While we are grateful for the precautions taken by law enforcement, the governor’s actions will unfortunately impede the ability of people to exercise not only their Second Amendment rights, but their First Amendment rights as well,” said Minority Leader Todd Gilbert, R-Shenandoah.
Monday is Martin Luther King Jr. Day and a state holiday, and Northam said all non-essential government employees don’t have to come to work. Lawmakers will still convene for session.
Philip Van Cleave, who heads the Citizens Defense League, said he’s expecting 50,000 to 120,000 people, including out-of-state groups not associated with his organization.
He told The Virginian-Pilot he didn’t think Northam could legally ban weapons during an emergency under state law.
“We’re talking to lawyers, getting into the details,” Van Cleave said, adding his members could still bring guns to Richmond as long as they didn’t try to go inside Capitol grounds.
Senate Republicans seem to agree with Van Cleave, citing a 2012 law that says the governor can’t prohibit people from having guns, except to ensure public safety in an emergency shelter or
“for the purpose of sheltering persons.”
But Northam’s executive order says that by declaring a state of emergency, he’s providing shelter to state employees and visitors, therefore the ban is legitimate.
“I have the authority as your governor to do this,” Northam said at the press conference. “The intent of doing this is to keep Capitol Square and Virginia safe.”
A state of emergency activates Virginia’s emergency operations center and frees up unrestricted funds to cover things like extra security measures.
Northam said intelligence officials had heard threats of “storming the Capitol” and people weaponizing drones. He said he’s heard reports of video surveillance around entrances and exits.
In a speech with top law enforcement officials, Northam said the threats were comparable to those from the 2017 Unite the Right Rally in Charlottesville, where violence erupted from hate groups and a woman was killed after a man drove a car through a crowd of counterprotesters.
“We will not allow that mayhem and violence to happen here,” Northam said.
Van Cleave blamed Northam for the potential danger, saying his gun proposals escalated what otherwise has always been a peaceful lobby day.
“All these people coming, this whole flare up is because of him,” he said. “He’s the one that declared war on gun owners.”
Calls to pass legislation aimed at reducing gun violence in Virginia escalated after a gunman killed 12 people at a Virginia Beach municipal center in May. Shortly after, Northam called a special session in which Republicans,
who were then in the majority, took no action on any gun legislation.
Democrats used the GOP’s inaction in their election campaigns last fall, promising to pass “common-sense” gun legislation including universal background checks and bans on assault-style weapons if they gained the seats they needed to take over the General Assembly.
At the start of session last week, Democrats used their newfound majority to quickly ban guns in the Capitol building and lawmakers’ offices — previously, concealed carry permit holders could bring their firearms — amid protests from the GOP.
Nearly 130 localities, including Portsmouth on Tuesday, have pledged their allegiance to the Second Amendment and passed resolutions declaring themselves sanctuaries that won’t follow or enforce any unconstitutional gun laws.
But the measures Northam is proposing, such as extreme risk protection orders and a requirement to report lost or stolen firearms, have been held up by courts in other states where the laws are on the books.
In an email to members Monday, Van Cleave warned of possible “bad actors” coming to the rally.
“We cannot stress enough that this is a peaceful day to address our legislature,” he said. “Yes, we hold a rally, but the point of the day is communication with our representatives.”