Northam Can Order the VA Guard Around

Or he can try to

by baldilocks

On Virginia, the National Guard, gun-grabbing, and Democrats wish-casting for civil war:

With dozens of Virginia counties declaring themselves Second Amendment sanctuaries, some Democratic lawmakers have said the governor should use the National Guard to enforce future gun control legislation — but can he?

Virginia Democrats, who control the legislature and governorship, have proposed several measures, including an “assault weapons” ban, universal background checks, and a red flag law. In response, 75 counties vowed they will not enforce future gun control legislation. Virginia Democratic Rep. Donald McEachin told the Washington Examiner on Thursday that Gov. Ralph Northam “may have to nationalize [sic] the National Guard to enforce the law” if local authorities refuse to do so themselves.

The president, as commander-in-chief of the armed forces, is the only person who can nationalize [sic] the Guard, but state governors have the latitude to use it to enforce state law, legal experts said.

“Until nationalized [sic],  it’s a creature of the state. So that’s what leads me to believe that, yes, the governor can activate the National Guard to enforce even a state law,” Gary Solis, a military law professor at Georgetown University, told the Washington Examiner.

Note to Rep. McEachin and to Russ Read, the author of this article: ‘nationalize’ doesn’t mean what you think it means.

Allow me to expand on who commands the National Guard.

The governor of each state is the Commander-in-Chief of his/her state’s National Guard. When a governor wants his state’s national guard to go somewhere within the state and do a thing, he is giving orders to mobilize, not nationalize. And when a president calls a guard unit to active duty, he is activating that unit, not nationalizing it.

(All this talk about “nationalization” makes me think we have a bunch of socialists in government, media, and academia. Nah, that can’t be true … )

People may remember that Guard units have served in many of our overseas conflicts. When they do so, they are on active duty and the POTUS is their CinC. Here’s how that happens.

When a POTUS wants to activate a Guard unit, he requests to do so in writing to the governor. Almost always, the governor says “yes” and the POTUS then becomes the CinC of the Guard unit(s) for the duration of said Guard unit’s active duty period. That’s why it seems to be automatic.

However, I could see Northam saying “no” under these conditions. That’s federalism.

All that said, it’s so cute how members of the Democrat-dominated VA legislature publicly ponder pitting the military against the state’s LEOs and its gun owners — as if they thought that no one was paying attention and they could just blurt out their fantasies in friendly company.

Simply, it’s beyond ridiculous to think that even a small portion of the VA Guard units would carry out orders to make war against their neighbors, especially considering that many of the LEOs who are defying the tyrants in the VA government are probably guardsmen/guardswomen (and reservists) themselves.

We’re watching you and rooting for you, people of Virginia. Don’t lose heart.

UPDATE: Readers are telling me that the Guard chain of command is more complicated than I’ve laid out. I’m looking it over.

Juliette Akinyi Ochieng has been blogging since 2003 as baldilocks. Her older blog is here.  She published her first novel, Tale of the Tigers: Love is Not a Game in 2012.

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3 thoughts on “Northam Can Order the VA Guard Around

  1. I live in the state of Virginia. I am apprehensive about what the state will do with legal gun owners. If I have gone through the federal background check to obtain a firearm, I believe it’s overreach on the part of the state to have to register my firearms. Many of us have already experienced the results of data breaches. We also know the government is not very good at protecting us from data breaches. On top of that, what would stop the state from going after law abiding gun-owning citizens for every perceived crime? I am truly perplexed when the media and pols go after the legal owners.

    Does anyone really believe a criminal gives two cents about the law? While the media has downplayed the number of times someone possessing a legally owned firearm has been able to stop and diminish murders, robberies, etc., it does not lessen the role that the gun (a tool) has played. None of my firearms have gotten up and ever shot anyone that I am aware of.

    Additionally, many of these mass shooters have had folks elevate concerns – only to be discounted until after the fact – when it’s too late.

    There is a concerted effort on the part of the MSM and politicians to distort the truth. The only way to overcome this is to be informed and skeptical.

  2. he’s welcome to activate the Guard to come and confiscate our weapons.
    It’ll be a sad day, though.

    Look, none of us want to have to kill our countrymen, especially those national guardsmen.

    we will, however, defend our rights.
    I will point out that we outnumber the national guard in Virginia by an order of magnitude.
    Virginia sports around 7500 national guardsmen.

    we have 54,000 citizens in Washington county Virginia alone!

    there will be no confiscation and if the National guard attempts to do so, we will, with a heavy heart, eradicate them.
    Then we would march on Richmond.
    Northam really doesn’t want to do that.

  3. The mayor of Suffolk had a meltdown at the end of tonight’s city council meeting.She claimed she was upset over the claim by one speaker that the council’s resolution to obey constitutional laws (yep,they thought that would mollify the people who believe in defending the second amendment) was kind of slimey.It was,but the council seemed edgy about something else.With all the localities in Virginia declaring sanctuary status,why is Suffolk’s council so afraid?They may have been threatened by Northam,or more probably his moronic minions.So the council is afraid of angering a blackface wearing,infanticide promoting disgrace who vetoes laws that would restrict sanctuary cities for illegal aliens?Could it be that among his other severe personality flaws,Northam seeks to protect illegal aliens instead of the constitutional rights of native born American citizens?Gee,what a shock.

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