Arizona Senate to Vote on Bill to Nullify Federal Gun Laws

sb1294

by Gina Cassini | Top Right News

Today, an Arizona state senate committee approved a bill that would virtually nullify all federal gun acts, laws, orders, rules or regulations. The vote was 6-3.

Along with twelve sponsors and co-sponsors, Arizona State Sen. Kelli Ward introduced the Second Amendment Preservation Act in the Grand Canyon State. SB1294 prohibits the state from enforcing “any federal act, law, order, rule or regulation that relates to a personal firearm, firearm accessory or ammunition within the limits of this state.”

“We’ve sat back and allowed the federal government to trample the Constitution long enough,” Ward said. “We’re going to pass this bill and stop the state of Arizona from helping the feds violate your rights.”

Fox News Senior Judicial Analyst Judge Andrew Napolitano said that a single state refusing to enforce federal gun laws would make them “nearly impossible to enforce.” Napolitano praised Arizona’s effort in the current session.

After initial backing from the Tenth Amendment Center, SB1294 garnered support from the well-respected Arizona Citizens Defense League, along with national organizations such as Gun Owners of America and the Constitutional Sheriffs and Peace Officers Association (CSPOA).

“We are in league with this legislation, and we encourage every state to enact similar laws,” said Sheriff Richard Mack, founder of CSPOA and a lead plaintiff of the 1997 Printz case which provides the legal basis for the bill.

SB1294 rests on a well-established legal principle known as the anti-commandeering doctrine. Simply put, the federal government cannot “commandeer” or coerce states into implementing or enforcing federal acts or regulations – constitutional or not.

The anti-commandeering doctrine is backed by four major Supreme Court cases dating back to 1842. The 1997 case, Printz v. US, serves as the modern cornerstone. In that case, that majority wrote,

“We held in New York that Congress cannot compel the States to enact or enforce a federal regulatory program. Today we hold that Congress cannot circumvent that prohibition by conscripting the States’ officers directly. The Federal Government may neither issue directives requiring the States to address particular problems, nor command the States’ officers, or those of their political subdivisions, to administer or enforce a federal regulatory program. It matters not whether policy making is involved, and no case by case weighing of the burdens or benefits is necessary; such commands are fundamentally incompatible with our constitutional system of dual sovereignty.”

No one came to testify in opposition to the bill, and Arizona Tenth Amendment Center coordinator Adam Henriksen is hopeful that the National Rifle Association will get behind SB1294 as well.

“The Arizona representative of the NRA told us that they support the intent of the legislation, and we are very happy to hear that,” said Henriksen. “He said they were concerned about potential unintended consequences and might suggest some minor changes. While we don’t have the same concerns because we believe there is no such a thing as a ‘good’ federal gun law, we are absolutely committed to working with our friends in the NRA to find common ground, and ensure that we can get SB1294 passed as law.”

SB1294 now moves on to the Arizona Senate Rules Committee, where it will need to pass by a majority vote before consideration by the full state senate.

Way to go, Arizona!


What can you do? The Tenth Amendment Center suggests the following:

  1. Contact your State Senator. You can find your legislator’s contact information by clicking here
  2. Contact your State Representative. You can find your legislator’s contact information by clicking here
  3. Call Back – any NO or UNDECIDED – in 2-3 days
  4. Write a letter to the editor of your local newspaper, voicing support for SB1294.

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Gina Cassini is a Texas Mom of 4, proud gun owner, and vigilant patriot.

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  • cappri10 .

    We the people all the way! it’s about time for States to Start standing up. Arizona! America’s founding fathers are saluting you from there graves!

  • H_William_Rhea_III

    Glad I live in Arizona! Now lets get this passed and implemented.

  • http://www.themadjewess.com/ The Mad Jewess

    I love living in AZ. :)

  • Patty Williams

    Im moving to AZ!!!! Besides, I have family and friends there and we can ride year round!

  • Mauricio Carvallan

    ……….

    • Randy L

      Stole it…thx.

  • Betty Fuson

    way to go proud of you Arizona.Wish Texas had the guts to do the same.

  • Chris Mull

    way to go Arizona!!! Texas needs to get their act together and get something like this passed…..what part of “shall not be infringed” do they not understand….shouldn’t need any type of permit to carry..concealed or not…come on Texas…we should be leading this pack!!!!!

  • Jerry

    Arizona is doing the right thing, defending it’s state’s rights. It is written in the constitution that the states have certain rights that cannot be denied by the federal government. Every state should try to protect those rights to limit the power of the federal government. The federal government ,by controlling the tax money tries to grab more power by withholding the tax money due to the states. This is a process that has been going on for over 100 years & we need to curtail it now.
    By Arizona starting the ball rolling it is time for the other states & other orginazations to help pull in the reins of the power grabbers.!!! Oklahoma is my state & we don’t support the present administration at the voting booth.

  • Aaron Kitzmiller

    right because nullification has never gone poorly before….

  • Mike

    Arizona=Freedom

  • nmisasi

    Now those living in other states need to get after our State Legislators to get the same “nullification of the Federal Gun Laws” and those within our states too. New Jersey and New York’s laws must be overturned by changing those in power from top on down!

  • Calvinius

    Arizona Senate to Vote on Bill to Commit Treason

    • Evony Master

      Actually they are voting on a bill to prevent the violation of civil rights that is occurring by those who already have committed treason. SHALL NOT BE INFRINGED.

      • Calvinius

        Federal law has supremacy over state law. States do not get to nullify federal laws, ever.

        • Evony Master

          Correct, fortunately the term “nullification” is just a political one here and is not truly accurate in describing this bill. They’re not actually “nullifying” anything,. just barring state actors from helping the fed enforce their own laws, which they are fully permitted to do under then anti-commandeering doctrine.
          It has the same effect as nullification without actually being unconstitutional.

        • ace65

          Any law that is un-Constitutional is already null and void. It is the CONSTITUTION that has supremacy over any law.

          • Calvinius

            Yes, like those unconstitutional Arizona laws that have been struck down by the courts in recent years.

    • ace65

      You couldn’t be more wrong, have you heard of the 10th Amendment? Do you know what a Republic is? It is President 57 States who should be charged with treason.

      • Calvinius

        Yes, I’ve heard of the 10th Amendment. You clearly think it says something other than what it actually says, though.

  • Betty Herron

    Way to go Arizona! I hope Iowa follows suit!

  • ace65

    This is the way a Republic is supposed to work.

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