Nullification Movement News for April 9, 2021: Federal Gun Control Edition

Arizona Gov. Doug Ducey signed a bill that bans state and local enforcement of federal gun control; past, present and future. The enactment of this law represents an important first step toward bringing those measures to an end within the state.

Rep. Leo Biasiucci (R) introduced House Bill 2111 (HB2111) along with 16 cosponsors on Jan. 24. The new law bans the state and all political subdivisions of the state from “using any personnel or financial resources to enforce, administer or cooperate with any act, law, treaty, order, rule or regulation of the United States government that is inconsistent with any law” of the state of Arizona regarding the regulation of firearms.

On March 30, the Senate passed HB2111 by a 17-13 vote.  It passed the House 31-29. With Gov. Ducey’s signature, the law will go into effect 90 days after the legislature adjourns sine die.

The legislature passed and the governor signed HB2111 despite intense law enforcement lobby opposition. Maricopa County Sheriff Paul Penzone claimed the law will put police officers in an awkward position of determining the constitutionality of a law.

“Now you’re putting officers or deputies in this position where they’re questioning whether or not some other entity will determine if it’s in conflict with the Second Amendment, therefore do we act on it? And that’s where it creates problems.”

He clearly doesn’t understand the bill. The application is quite simple. If it’s a state law, enforce it. If not, stand down.

FULL REPORT HERE

The South Carolina House passed a bill that would set the foundation to end enforcement of future federal gun control and make it legal for South Carolinians to carry a firearm without a permit. Passage into law would represent a major step toward neutering future federal gun laws in South Carolina.

Rep. B. Cox (R-Greenville County) introduced House Bill 3096 (H3096) on Jan 12. As introduced, the legislation would authorize anyone legally allowed to own a gun to carry it without a state-issued license.

On the House floor, an amendment was approved adding language to prohibit state or local enforcement of future federal gun control by banning the allocation of any state or local funds “for the implementation, regulation, or enforcement of any executive order, or directive issued by the President of the United States or an act of the United States Congress that contradicts the provisions of this act relating to Constitutional Carry, or that otherwise regulates the ownership, use, or possession of firearms, ammunition, or firearm accessories if passed after January 1, 2021.”

It would also ban state and local governments from allocating personnel or property for “the implementation, regulation, or enforcement of any executive order, or directive issued by the President of the United States that contradicts the provisions of this act relating to Constitutional Carry, or that regulates the ownership, use, or possession of firearms, ammunition, or firearm accessories if passed after January 1, 2021.”

On Wednesday, the House voted 69-47 to approve the bill on 2nd Reading. And today, the bill was read for a 3rd time, passed, and sent to the Senate.

FULL REPORT HERE

On Wednesday, a Missouri Senate committee passed a bill that would take on federal gun control; past, present and future. Passage into law would represent a major step toward ending federal acts that infringe on the right to keep and bear arms within the state.

Rep. Jered Taylor filed House Bill 85 (HB85) on Dec 1. Titled the “Second Amendment Preservation Act,” the legislation would ban any entity or person, including any public officer or employee of the state and its political subdivisions, from enforcing any past, present or future federal “acts, laws, executive orders, administrative orders, rules, regulations, statutes, or ordinances” that infringe on the right to keep and bear arms.

On April 8, the Senate General Laws Committee passed HB85 by a 5-2 vote

FULL REPORT HERE

The legislation would prohibit police officers, state employees, and employees of any political subdivision of the state from enforcing, assisting in the enforcement of, or otherwise cooperating in the enforcement of any new “federal ban” on firearms, magazines, or ammunition.

HB258 defines “federal ban” as “a federal law, executive order, rule, regulation that is enacted, adopted, or becomes effective on or after January 1, 2021, or a new and more restrictive interpretation of an existing  law that existed on January 1, 2021, that infringes upon, calls in question, or prohibits, restricts, or requires individual licensure for or registration of the purchase, ownership, possession, transfer, or use of any firearm, any magazine or other ammunition feeding device, or other firearm accessory.”

It would also bar them from participating in federal enforcement actions and prohibit the expenditure or allocation of public funds or resources for such enforcement.

The proposed law is the second priority bill of the legislative session from the Montana Shooting Sports Association (MSSA). A permitless carry bill was signed into law earlier this year.

On April 1, the Senate passed HB258 by a 30-20 vote. The House previously passed the bill 66-33. The legislation now goes to Gov. Greg Gianforte for his consideration.

FULL REPORT HERE

Today, a Texas House committee passed a bill that would ban state and local enforcement of any new federal gun control, a major step toward bringing such federal acts to an end within the state.

Rep. Justin Holland (R-Rockwall) introduced House Bill 2622 (HB2622) on March 17. Since then, it has garnered 49 additional cosponsors and the support of Gov. Greg Abbott.

The proposed law would prohibit any Texas governmental agency, including state and local police departments, from contracting with or in any other manner providing assistance to a federal agency or official with respect to the enforcement of a federal statute, order, rule, or regulation purporting to regulate a firearm, a firearm accessory, or firearm ammunition if the statute, order, rule, or regulation imposes a prohibition, restriction, or other regulation, such as a capacity or size limitation or a registration requirement, that does not exist under the laws of the state of Texas.

“We can’t rely on the Federal Government to lead on this issue and in reality - they will do vastly more harm than good for gun rights,” Holland said in a news release announcing the introduction of the bill.

The House State Affairs Committee held a hearing on HB2622 on April 1, an important first step in the legislative process. Today, the Committee passed the bill with a vote of 11-2.

FULL REPORT HERE

The Arkansas Senate passed a bill that would take on federal gun control, past, present and future, banning the state from participating in the enforcement of a wide-range of acts dating back to 1934.

Sen. Gary Stubblefield (R) and Sen. Brandt Smith (R) introduced Senate Bill 298 (SB298) on Feb. 8. The legislation would ban any person, including any public officer or employee of the state and its political subdivisions, from enforcing any past, present or future “federal statute, executive order, or federal agency directive that conflicts with Arkansas Constitution, Article 2, § 5, or any Arkansas law” relating to the right to keep and bear arms.

The full Senate approved the bill by a vote of 28-7.

This legislation is similar to a bill moving forward in Missouri.

FULL REPORT HERE

A bill filed in the Alaska House would prohibit state enforcement of any federal “red-flag” laws, setting the foundation to nullify any such laws in practice and effect.

Rep. David Eastman (R-Wasilla) filed House Bill 152 (HB152) on March 26. The legislation declares that federal red-flag laws would “infringe the resident’s constitutional rights, including the right to keep and bear arms and the right of freedom of speech” and therefore “is unenforceable and of no effect in the state.”

The proposed law would prohibit any Alaska state agency or any political subdivision from accepting any federal grants to implement any federal statute, rule or executive order, federal or state judicial order, or judicial findings that would have the effect of forcing an extreme risk protection order against or upon a citizen of Alaska.

It would also make it a felony offense for any individual, including a law enforcement officer, to enforce a federal red flag law. In effect, this would bar state and local police from enforcing federal red-flag laws.

FULL REPORT HERE

Using advice from James Madison, Thomas Jefferson and others – and following up on the success implementing these strategies on other issues, this state-level act would take direct aim at all federal gun control measures on the books – from 1934 to 2018 – and everything in between.

Path to Liberty Podcast

VIDEO AND AUDIO VERSIONS HERE