Arizona Senators Advance Nullification of Federal Gun Laws

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by Gina Cassini | Top Right News

In 2013, Arizona was named America’s  #1 State for Gun Owners, by Guns and Ammo Magazine.

This week, Arizona legislators aimed to improve on that status, advancing nullification of federal gun laws and stopping  state enforcement of them. Arizona State Senator Kelli Ward, along with eight co-sponsors, introduced the Second Amendment Preservation Act in the Grand Canyon State.

According to the bill, SB1294, all federal regulations which violate the Second Amendment would be recognized as “invalid and void in this state” (that would be any federal gun law).

The legislation also 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,” Senator Ward said. “We’re going to pass this bill and stop the state of Arizona from helping the feds violate your rights.”

According to the Tenth Amendment Center,

“The legislation rests on a well-established legal principle known as the anti-commandeering doctrine. Simply put, the federal government cannot force or coerce states into implementing or enforcing federal acts or regulations – constitutional or not. The anti-commandeering doctrine rests primarily on four Supreme Court cases dating back to 1842. Printz v. US serves as the cornerstone.

“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…such commands are fundamentally incompatible with our constitutional system of dual sovereignty.”

The federal government depends on state cooperation for almost everything it does,” Tenth Amendment Center national communications director Mike Maharrey said. “This bill rips the rug out from under it. If Arizona passes the Second Amendment Preservation Act, it will make it very difficult for the feds to violate your right to keep and bear arms. And if multiple states pass this bill, it will effectively nullify federal violations of the Second Amendment. It’s quite simple; you cannot say you support the Second Amendment and oppose this bill.”

Last week, Rep. Dan Eagle of Florida, introduced similar legislation in HB733 in the Sunshine State’s House.

Like the Florida legislation, the Arizona bill does not allow for criminalizing federal agents that might attempt to enforce the law in the state. This is the one thing that appears to be missing in many of the nullification laws we are seeing today. However, removal of state resources to aid the feds in enforcement of unconstitutional laws is a step in the right direction.

Judge Andrew Napolitano, speaking about the nullification legislation of Obamacare in South Carolina, said “If the President wants Obamacare in South Carolina, the feds will have to pay for it, and the feds will have to establish it.”

“If enough states do this, it will gut Obamacare,” he added.

The same thing applies to the federal gun law nullification legislation. No longer would state resources be used to aid the federal government in overstepping their bounds and usurping the Constitution, and thus they would be unable to fund federal enforcement of those laws.

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.

Gina is a Texas Mom of 4, passionate gun owner and concerned citizen.

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