Henrico board punts on 'sanctuary' status, adopts resolution supporting constitutions

Dozens of Second Amendment supporters urged Henrico’s Board of Supervisors last night to make Henrico a so-called Second Amendment sanctuary locality, but supervisors instead passed a resolution indicating simply that they would uphold the state and United States constitutions.

The 3-2 vote was split along party lines, with all three Republicans – including Tuckahoe Supervisor Pat O’Bannon, who introduced it – voting in favor of it and the board’s two Democrats voting against it.

Despite the fact that the resolution didn’t address the sanctuary concept (the idea that localities will not enforce any new gun laws passed next year by the General Assembly that restrict gun ownership), dozens of Second Amendment supporters who filled the board room last night viewed the vote as a win, applauding the board’s vote. And this morning, the Virginia Citizens Defense League listed Henrico County among the 77 Virginia localities that it considers Second Amendment sanctuary localities.

Henrico County Manager John Vithoulkas told the Citizen this morning that that simply wasn’t accurate.

“That’s not what was adopted,” Vithoulkas said. “The resolution is entitled supporting the constitution for the United States and the commonwealth of Virginia.”

During a 30-minute period of public comment, eight speakers implored the board to implement sanctuary status in advance of gun legislation that they and others believe the General Assembly – now with a Democratic majority – will pass in the coming months. A number of those speakers told the board that they would not obey any new laws and would not give up their guns, and they demanded that Henrico officials stand with them.

“Tyranny always begins and ends with the subjugation of people to their government,” said Henrico resident Andrew Knaggs, who served as the deputy assistant secretary of defense for special operations and combating terrorism in the Trump administration. “There is a raging fire of focus and energy behind this issue. This is about our opportunity as citizens to demand that our government represent us.

“We must be heard, and we must have the opportunity to continuing defending ourselves. You need to understand that we’re not going to back down on this.”

Tuckahoe District resident Daniel Edwards, who started a gunsmith business four months ago, told supervisors that he’s worried his business will be “stripped” from him by new laws that might be passed by the General Assembly.

Some proposed laws, he said, would affect gun stores, hardware stores and gun repair shops. He vowed to resist.

“I will not comply, I will not compromise and I will not give up my guns to you or anybody else,” Edwards said.

Said Glen Allen resident Garrett West: “Do your duty – vote yes to a Second Amendment sanctuary. Vote yes to tell Governor Northam to go to hell.”

That language prompted a scolding from Vithoulkas, who told West and the group that public discourse shouldn’t include cursing.

“Let’s not have any more of that. You all are better than that.”

Henrico resident Nathan Dean took a slightly different view of the issue than some of his fellow firearm supporters, saying that while courts ultimately would decide the legality of any new laws passed, the effect of localities declaring themselves as Second Amendment sanctuaries could be to stop such gun legislation before it starts.

“Right now we as Henrico County have the opportunity to send a message to our state legislators that our concerns must be considered,” he said. “Maybe they will listen to reason. Maybe they will examine the facts. Maybe the legislation will never pass and there’ll be no reason to fight it in the courts.”

Board split about purpose of resolution
The board seemed split about the purpose of O’Bannon’s resolution. Democratic chairman Tyrone Nelson of the Varina District called it silly and said that all five supervisors would be taking an oath to defend and uphold both constitutions during an investiture ceremony Wednesday at which all recently elected county officials will be sworn in.

“If we are tomorrow going to stand and raise our right hand to follow the constitution, then why do we need a resolution to follow the constitution?” Nelson asked. “Other than to appease the crowd, what is the point of this resolution?”

Brookland District Supervisor Dan Schmitt agreed that the resolution might be duplicative but voted for it anyway.

“I’m not exactly sure it appeases or answers what’s being asked,” he said. “But I view it this way – it’s a resolution asking and stating that we support the constitution. I for dang sure am not going to vote against a resolution that says that I support the constitution.”

In introducing the resolution, O’Bannon said she was concerned with the term “sanctuary” and specifically indicated that she would not support a resolution that used that terminology.

“The word sanctuary says that a county or a jurisdiction will very selectively choose which laws to enforce,” she said. “I would never ask a police officer or a law enforcement officer or a deputy to not enforce a law if it’s on the books and it has been voted on legally by, whether it be the state or a local government."

O’Bannon said she had introduced the legislation in part to foster discussion among supervisors about the topic and in part to remind them of their constitutional duties.

Democrat Frank Thornton said that he supports the second amendment but took issue with the fact that O’Bannon had introduced a resolution without first making other supervisors aware of it, something he couldn’t recall happening before during his 24 years on the board.

“I’m not saying it can’t be done, but I’m a little baffled by that,” Thornton said.

The Second Amendment supporters at the meeting were boisterous on several occasions, applauding after each of their fellow speakers finished, and then chanting “Vote! Vote! Vote!” after the final speaker concluded, imploring the board to adopt a sanctuary locality resolution.

Vithoulkas interrupted them: “Ladies and gentlemen… so, that’s not going to happen.”

O’Bannon then introduced her resolution.

Later, after Thornton and Nelson voted against the resolution, a voice from the audience yelled “Traitor!”