Virginia Courts Uphold Governor Ralph Northam declaration of a state of emergency in advance of gun rights rally: no weapons, including firearms, may be carried or possessed
Richmond Supreme Circuit Courts Upholds Executive Order Forty-Nine (See court orders below)
Meanwhile, the governor invoked theFBI arrests this week of 3 suspected “Neo-Nazis” who allegedly were going to the demonstrations on Monday 21 Jan to confirm his stances. The men had been under surveillance for months.
From the DOJ:
Three Alleged Members of the Violent Extremist Group “The Base” Facing Federal Firearms and Alien-Related Charges
Greenbelt, Maryland – A federal criminal complaint has been filed charging three alleged members of the racially motivated violent extremist group “The Base” with firearms and alien-related charges. The complaint charges Brian Mark Lemley, Jr., age 33, of Elkton, Maryland, and Newark, Delaware, and William Garfield Bilbrough IV, age 19, of Denton, Maryland, with transporting and harboring aliens and conspiring to do so. Lemley is also charged with transporting a machine gun and disposing of a firearm and ammunition to an alien unlawfully present in the United States. Further, the complaint charges Lemley and Canadian national Patrik Jordan Mathews, age 27, currently of Newark, Delaware, with transporting a firearm and ammunition with intent to commit a felony. The complaint also charges Mathews with being an alien in possession of a firearm and ammunition. The complaint was filed January 14, 2020, and was unsealed today upon their arrests by the FBI.
The defendants are expected to have initial appearances beginning at 2:45 p.m. today in U.S. District Court in Greenbelt, 6400 Cherrywood Lane, before U.S. Magistrate Judge Charles B. Day.
The criminal complaint was announced by United States Attorney for the District of Maryland Robert K. Hur; United States Attorney for the District of Delaware David C. Weiss; Special Agent in Charge Jennifer C. Boone of the Federal Bureau of Investigation, Baltimore Field Office; and Special Agent in Charge Rob Cekada of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Baltimore Field Division.
According to the criminal complaint, within The Base’s encrypted chat rooms, members have discussed, among other things, recruitment, creating a white ethno-state, committing acts of violence against minority communities (including African-Americans and Jewish-Americans), the organization’s military-style training camps, and ways to make improvised explosive devices. Lemley previously served as a Cavalry Scout in the United States Army, and as of August 2019, Mathews, a Canadian citizen in the United States illegally, was a combat engineer in the Canadian Army Reserve.
The affidavit filed in support of the criminal complaint alleges that on August 19, 2019, Mathews unlawfully crossed from Canada into the United States near the Manitoba/Minnesota border. On August 30, 2019, Lemley and Bilbrough allegedly drove from Maryland to Michigan in order to pick up Mathews, and all three men returned to Maryland on August 31, 2019.
As detailed in the criminal complaint, on November 3, 2019, the three men drove from Virginia to the Eastern Shore of Maryland, where Bilbrough resided. Lemley and Mathews then continued to the area of Elkton, Maryland, where Lemley obtained a motel room for Mathews. The following day, Lemley drove Mathews to Delaware, where Lemley rented an apartment in which the two have resided since that time.
According to the affidavit, during December 2019, Lemley and Mathews used an upper receiver ordered by Lemley, as well as other firearms parts, to make a functioning assault rifle. Also in December, Lemley, Mathews, and Bilbrough allegedly attempted to manufacture a controlled substance, DMT, at Lemley and Mathews’s apartment. Furthermore, Lemley, Mathews, and Bilbrough discussed The Base’s activities and spoke about other members of the organization. Mathews also allegedly showed the assault rifle to Bilbrough, who examined the assault rifle and returned it to Mathews.
In January 2020, according to the affidavit, that Lemley and Mathews purchased approximately 1,650 rounds of 5.56mm and 6.5mm ammunition; traveled from Delaware to a gun range in Maryland, where they shot the assault rifle; and retrieved plate carriers (to support body armor) and at least some of the purchased ammunition from Lemley’s prior residence in Maryland.
If convicted, Lemley and Bilbrough each face a maximum sentence of five years for transporting and harboring certain aliens, and 10 years for conspiracy to do so. Lemley also faces a maximum of five years in prison for transporting a machine gun in interstate commerce, and a maximum of 10 years in federal prison for disposing of a firearm and ammunition to an illegal alien. Lemley and Mathews each face a maximum of 10 years in federal prison for transporting a firearm and ammunition in interstate commerce with intent to commit a felony offense. Finally, Mathews faces a maximum of 10 years in federal prison for being an alien in possession of a firearm and ammunition. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
RICHMOND—The Supreme Court of Virginia today denied a court challenge to Governor Ralph Northam’s decision to temporarily ban firearms on Capitol grounds from 5:00 PM on Friday, January 17, 2020 until 5:00 PM on Tuesday, January 21, 2020. The Supreme Court ruling keeps this policy in place and comes one day after the Richmond Circuit Court ruled to affirm the order.
RICHMOND—The Richmond Circuit Court today upheld Governor Ralph Northam’s decision, outlined in Executive Order Forty-Nine, to temporarily ban firearms on Capitol grounds from 5:00 PM on Friday, January 17, 2020 until 5:00 PM on Tuesday, January 21, 2020. Law enforcement intelligence analysts have identified credible threats of violence surrounding the event, along with white nationalist rhetoric and plans by out-of-state militia groups to attend.
Governor Northam issued the following statement:
This is the right decision. I took this action to protect Virginians from credible threats of violence. These threats are real—as evidenced by reports of neo-Nazis arrested this morning after discussing plans to head to Richmond with firearms.
I’m grateful to the Circuit Court for recognizing the seriousness of these threats, and for upholding this reasonable, legal action to protect all Virginians, including demonstrators and policymakers. I will continue to do everything in my power to keep Virginians safe.
“We have received credible intelligence from our law enforcement agencies of threats of violence surrounding the demonstration planned for Monday, January 20. This includes extremist rhetoric similar to what has been seen before major incidents, such as Charlottesville in 2017. Gov Northam tweeted today.
“This intelligence suggests militia groups and hate groups, some from out of state, plan to come to the Capitol to disrupt our democratic process with acts of violence.….see tweets below.
Governor Ralph Northam today declared a state of emergency in advance of expected demonstrations on Capitol Square on Monday, January 20, 2020. Law enforcement intelligence analysts have identified credible threats of violence surrounding the event, along with white nationalist rhetoric and plans by out-of-state militia groups to attend.
The Governor’s declaration prohibits all weapons, including firearms, from Capitol grounds, and will provide joint law enforcement and public safety agencies the resources they need to keep demonstrators, policymakers, and all Virginians safe.
This emergency declaration is temporary, and extends from Friday, January 17 at 5:00 PM until Tuesday, January 21 at 5:00 PM.
DECLARATION OF A STATE OF EMERGENCY
DUE TO POTENTIAL CIVIL UNREST AT THE VIRGINIA STATE CAPITOL
Importance of the Issue
The Commonwealth of Virginia is a welcoming state. Virginians understand that diversity of opinion keeps our democracy strong. The more voices involved in our political dialogue, the stronger we are. Civil discourse, even and especially, amongst those who disagree, is critical to our democracy’s evolution and success. When the civility of that political discourse breaks down, the Commonwealth suffers. Three years ago, Virginia and the nation, watched horrified as civil protest was marred by violence and hate. The events that occurred in Charlottesville, Virginia demonstrated what can happen when peaceful demonstrations are hijacked by those who come into the Commonwealth and do not value the importance of peaceful assembly. We lost three Virginians. We must take all precautions to prevent that from ever happening again.
Credible intelligence gathered by Virginia’s law enforcement agencies indicates that tens of thousands of advocates plan to converge on Capitol Square for events culminating on January 20, 2020. Available information suggests that a substantial number of these demonstrators are expected to come from outside the Commonwealth, may be armed, and have as their purpose not peaceful assembly but violence, rioting, and insurrection. Assuring that Virginia’s Capitol Square and surrounding public areas are sheltered safe places for those who come to participate in the democratic process, as well as those who work on or near Capitol Square, is my greatest priority.
The anticipated effects of the potential convergence of tens of thousands of demonstrators on Capitol Square, some of whom may not come to assemble peacefully, constitutes an emergency as described in § 44-146.16 of the Code of Virginia (Code). Therefore, by virtue of the authority vested in me by the Constitution of Virginia, by §§ 2.2-103 and 44-146.13 et seq. of the Code, as Governor and Director of Emergency Management and Commander-in-Chief of the Commonwealth’s armed forces, I proclaim that a state of emergency will exist starting on January 17, 2020 through January 21, 2020. Accordingly, I direct state and local governments to render appropriate assistance
to prepare for this event, to alleviate any conditions resulting from the situation, and to implement recovery and mitigation operations and activities so as to return impacted areas to pre-event conditions as much as possible. Emergency services shall be conducted in accordance with § 44-146.13 et seq. of the Code.
In order to marshal all public resources and appropriate preparedness, response, and recovery measures, I order the following actions:
- Activation of the Virginia Emergency Operations Center and the Virginia Emergency Support Team, as directed by the State Coordinator of Emergency Management, to coordinate the provision of assistance to state and local governments and to facilitate emergency services assignments to other agencies.
- Authorization for the heads of executive branch agencies, on behalf of their regulatory boards as appropriate, and with the concurrence of their Cabinet Secretary, to waive any state requirement or regulation, and enter into contracts without regard to normal procedures or formalities, and without regard to application or permit fees or royalties. All waivers issued by agencies shall be posted on their websites.
- To provide for the shelter and safety of state employees who work on or near the Virginia State Capitol and those who come to peacefully assemble, and consistent with the General Assembly’s prohibition on weapons in the Virginia State Capitol and the Pocahontas Buildings, and Executive Order 50 (McAuliffe), which prohibits firearms in offices occupied by executive branch agencies, no weapons, including firearms, may be carried or possessed on any land, real property, or improvements owned by the Commonwealth of Virginia within the area bounded by Broad Street, Ninth Street, Bank Street and Governor Street in the City of Richmond, Virginia, as well as any Commonwealth-owned parking lots for Virginia’s Department of Transportation, the Madison Building, the Monroe Building, the Patrick Henry Building, Washington Building, the Jefferson Building, and the Oliver Hill Building.
- “Firearm” means any handgun, pistol, revolver, or other weapon designed or intended to propel or expel a projectile or missile of any kind by action of an explosion of any combustible material; rifle, shotgun, automatic or semi-automatic gun; assault firearm as defined in § 18.2-308.2:2 of theCode; machine gun; 3D printed gun; or similar weapon. Firearm does not include any ceremonial firearm currently on display in a legislative branch agency.
- “Weapon” means any weapon as defined in paragraphs (ii) through (v) of subsection A of § 18.2-308 of the Code and any stun weapon, as defined under § 18.2-308.1 of the Code, with the exception of a pocket knife having a folding metal blade of less than three inches. “Weapons” also includes, but is not limited to, sticks, torches, poles, bats, shields, helmets,
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caustic substances (i.e., pepper spray), hazardous materials, scissors, razor blades, needles, toy guns, toy weapons, fireworks, glass bottles, laser pointers, aerosol containers, baseballs, softballs, UAVs/Drones, or any item that can inflict bodily harm that is visible, other than firearms.
- The prohibition with respect to weapons (other than firearms) shall not apply to (a) any person possessing a knife customarily used for food preparation or service and using it for such purpose, (b) any person who possesses a knife or blade that he uses customarily in his trade and using it in such trade, (c) any tool used by a person customarily in his trade and being used pursuant to a contract with a legislative branch agency, or (d) any tool used by a state employee as a condition of his position and being used in the scope of employment. The prohibition with respect to weapons (other than firearms) shall not apply to any ceremonial weapon currently on display or use in a legislative branch agency.
- This prohibition applies to both the open and the concealed carry of firearms and other weapons.
D. Exempt from paragraph C’s prohibition are:
- All on-duty sworn law enforcement personnel providing security for the areas listed in paragraph C during this emergency, as determined by the Chief of the Division of Capitol Police; and
- Any other person otherwise acting in coordination with the Division of Capitol Police, as determined by its chief.
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Effective Dates of this Executive Order
This Executive Order shall be effective from 5:00 p.m., Friday, January 17, until 5:00 p.m., Tuesday, January 21, 2020. Capitol Square will be open from 7:00 a.m. to 5:00 p.m. on the above days. Nothing in this Order rescinds or amends Executive Order 50 (McAuliffe), which remains in full force and effect.
Given under my hand and under the Seal of the Commonwealth of Virginia, this 15th day of January, 2020.
Attest:
Kelly Thomasson, Secretary of the Commonwealth
Ralph S. Northam, Governor