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Call for Muster of the Unorganized Militia

WHEREAS, from the founding of this Nation, Virginians have embraced the principle of resistance to abuse of power; that when a higher government overreaches, it is the duty of the lesser governments to interpose themselves, to protect the People, to give meaning to the protections of the U.S. and Virginia Constitutions; and

WHEREAS, in the face of overreach, James Madison posited that lesser governments are “to interpose for arresting the progress of the evil, and for maintaining within their respective limits, the authorities, rights and liberties appertaining to them;” and

WHEREAS, Thomas Jefferson went further, stating that when a higher government “assumes undelegated powers, its acts are unauthoritative, void, & of no force;” and

WHEREAS, the natural right of self-defense with arms belongs both to the individual and to the People of this County, collectively; and is recognized in Article 1 Section 13 of the Virginia Constitution, which describes the “militia” as “the body of the people, trained to arms” and ordains that “in all cases the military should be under strict subordination to, and governed by, the civil power;” and this natural right is also recognized in the Second Amendment to the U.S. Constitution; and

WHEREAS, since time immemorial in England and in this Commonwealth, militia have been raised at the county level; and

WHEREAS, George Mason, the author of Article 1 Section 13 of the Virginia Constitution, at a meeting of  21 Sept. 1774 chaired the creation of an independent company of volunteer militia for Fairfax County, independent of the royal governor; and Patrick Henry, the first governor of Virginia, raised an independent company of volunteer militia under similar exigent circumstances; and

WHEREAS, notwithstanding the recognition by Virginia Code § 44-1 of the “unorganized” “militia of the Commonwealth of Virginia” and the recognition by U.S.C.A. § 246’s of the “Unorganized Militia” of the United States, the County’s power to call for a voluntary muster of the “unorganized” militia within its borders is not in any way foreclosed, nor is its power to raise the COUNTY NAME Militia under exigent circumstances, to preserve civil order and prevent civil rights violations; and

WHEREAS, the Board of Supervisors of COUNTY NAME, Virginia has sought to protect the rights of the People by declaring COUNTY NAME a “Second Amendment Sanctuary,” providing new safeguards for their future security; and

WHEREAS, the Board of Supervisors has called upon the COUNTY NAME Sheriff and the Commonwealth Attorney; their deputies and employees; and the People of COUNTY NAME, to resist tyrannical attempts to deprive the People of certain firearms and components which are necessary for self-defense; militia service; law enforcement, and national defense; THEREFORE

  1. The BOARD OF SUPERVISORS/SHERIFF of COUNTY NAME hereby calls for a voluntary muster of those law-abiding citizens, without regard to race, religion, color, sex, or creed, who currently constitute the Unorganized Militia of COUNTY NAME, who are between the ages of 18 and 55, and those citizens above the age of 55, who may currently lawfully possess a firearm, and who are willing to serve as Auxiliary Sheriff’s Deputies or as members of a future COUNTY NAME Militia, or in support thereof, should circumstances require, to present their persons for review at LOCATION on DATE, subject to the following conditions:
    1. Dressed in khaki trousers, seasonal clothing, and boots or shoes suitable for maneuver training and operating in the field;
    1. Openly and safely wearing a holstered handgun, preferably semi-automatic, and capable of accepting a magazine of 10 or more rounds capacity of 9x19mm or .45 ACP; and/or
    1. Openly and safely carrying, by means of a sling, an unloaded semi-automatic rifle, in good working order, preferably a variant of the AR-15 platform, that is capable of firing the .223 Remington/5.56x45mm NATO standard cartridge; and carrying at least three (3) loaded magazines of 20 or 30 rounds capacity, within magazine carriers worn and secured on the person, to facilitate as much as possible the interoperability of equipment.
    1. Willing to provide contact information to the COUNTY NAME BOS OR SHERIFF’S OFFICE, for the purpose of incorporation into the COUNTY NAME emergency management plan; for background checks, for assessment of skillsets, and for addition to a phone tree, text messaging or other communication system, in the event of an emergency, including but not limited to a terrorist attack or other invasion upon the rights of their fellow citizens in COUNTY NAME.
      1. The volunteer information collected shall be organized geographically based on regions within the County.
      1. Such information shall be privileged from disclosure under open records laws as personnel records (§ 2.2-3705.1 (1) of the Code of Virginia); personal contact info from a person desiring contact from a public body by email or cell phone (§ 2.2-3705.1 (10)); and as plans and information to prevent or respond to terrorist activity, the disclosure of which would jeopardize the safety of any person (§ 2.2-3705.2 (4)), per written invocation requirement.
      1. No information or registration shall be required of any prospective Auxiliary Sheriff’s Deputies or of any prospective COUNTY NAME MILITIA regarding their personally-owned firearms and accoutrements.
      1. Volunteers desiring consideration by COUNTY NAME for purposes of future notification and communication shall not be under current firearms disabilities or restraining orders; shall not be a current felon; shall present a neat and orderly appearance and bearing; shall wear clothing containing no political messages; shall carry no signs; and shall carry, wear or display only the flag of the United States, the flag of the Commonwealth of Virginia, or the flag of COUNTY NAME.
      1. A volunteer described in Section 1 who does not possess a preferred handgun or rifle described in this section may bring a holstered handgun, an unloaded rifle or shotgun with sling, or no weapon at all, and may appear at the voluntary muster attired as described above in Section 1.a. to express his or her desire for further notification and communication. Handguns shall be safely carried only in a holster. Long guns shall be unloaded and carried only via a sling worn on the person.
      1. Volunteers from neighboring counties or other communities within the Commonwealth of Virginia may present themselves as described in Section 1, and provide contact information, with their status as non-residents of COUNTY NAME noted.
  1. Within 90 days, the COUNTY NAME BOS COMMITTEE/SHERIFF’S OFFICE intends to present findings and a plan, which may be drafted by or in conjunction with volunteers, to the Board of Supervisors for consideration. The findings and/or plan may include a) a draft ordinance for standing up an organized COUNTY NAME Militia, including provision for election of officers and non-commissioned officers, based on training and experience; b) scheduling of future voluntary musters and training of the Unorganized Militia under County auspices; and c) integration of volunteer contact information into the County’s Emergency Management Plan and EMS system, to enable members of the Unorganized Militia who reside in COUNTY NAME to be notified in the event of a terrorist attack or emergency, including but not limited to any attempt to confiscate commonly-owned semi-automatic rifles, pistols and/or shotguns lawfully owned prior to January 13, 2020; to unlawfully arrest owners of such arms, after January 13, 2020; or to unlawfully prevent the previously legal sale or transfer of such arms, after January 13, 2020, in violation of the Second Amendment to the United States Constitution and Article 1 Section 13 of the Virginia Constitution.
  1. In the event that the COUNTY NAME Militia is raised, its purpose shall be to fulfill the intent of the Founders of the Commonwealth of Virginia and of the United States, that the People of the County might provide for their safety and security, and protect all of the rights set forth under the Constitutions of the United States and this Commonwealth. In time of war, the Militia shall serve as a local force dedicated to protecting their families and community from foreign enemies. In time of natural disaster, the Militia shall serve the citizens of this County, particularly the elderly, the infirm, the orphan and the widow. In time of domestic tyranny, the Militia shall serve as a force of last resort, subject to the civil power of the County, to preserve the natural rights of the People, including, but not limited to, the rights of life and liberty; the freedom of speech; the free exercise of religion; the right to trial by jury; the right to private property; the right to defense of self and defense of the community; and the Rule of Law.

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