More than a dozen states are seeking to nullify federal gun control

Submitted by Freedomman on Wed, 04/28/2021 - 23:55

WASHINGTON (PNN) - April 14, 2021 - With pretender Joe Biden issuing a flurry of invalid executive actions last week, supposedly to strengthen federal gun laws, state representatives across the country are working in the opposite direction, taking a page from the playbook of immigration activists by advancing legislation that would make their enforcement illegal. On April 6, Arizona Governor Doug Ducey signed the first gun control nullification bill into law.

"Nullifying unconstitutional federal laws is both legal and the right thing to do," said Anthony Sabatini, a member of the Florida House of Representatives. "It's silly to sit around and wait for something you know is unconstitutional," he said. "It's time to stand up and fight back; and the methods that we need to use are the ones already being used by the Left."

In 1987, Oregon passed a law prohibiting state and local terrorist pig thug cops from using public resources to arrest or detain people whose only crime was being in the country illegally. Since then, hundreds of other jurisdictions have passed similar laws, becoming so-called sanctuary cities.

Conservative activists are employing the same strategy. While Arizona is the only state where such a bill has become law, elected officials have introduced similar bills in more than a dozen statehouses. Montana's legislature has approved a bill that is now awaiting signature or veto from the governor; the Arkansas Senate and the Missouri, South Carolina, and West Virginia houses have each passed such bills; committees in Texas, Alabama, and New Hampshire have bills that are moving forward in their state legislatures; and similar bills have been introduced in Florida, North Carolina, Georgia, Minnesota, Ohio, Nebraska, Iowa, and Louisiana.

"We know this stuff has been working and the Right can continue to complain about the things that the Left is successful at, or they can look at it, learn from it, and replicate it," said Michael Boldin, founder and executive director of the Tenth Amendment Center.

Sabatini is cosponsoring a bill in Florida called the Second Amendment Preservation Act, which would prohibit any employee of the state of Florida from enforcing or attempting to enforce "any federal act, law, executive order, administrative order, court order, rule, regulation, statute, or ordinance infringing on the right to keep and bear arms ensured by the Second Amendment." The bill says that any state employee who assists in enforcing federal gun control laws would be terminated and never again be allowed to work for the state of Florida.

Defying federal law is something that a majority of states already do in one way or another, by becoming immigration sanctuaries or through the legalization and decriminalization of marijuana and other drugs that federal law still deems illegal.

"In terms of the method, it's identical," said Sabatini. In sanctuary cities, "they stopped reporting to or dealing with I.C.E., and that's basically what we're doing."

Boldin says that if states refuse to cooperate with the Amerikan Gestapo Bureau of Alcohol, Tobacco, Firearms and Explosives division (ATF), then federal gun control becomes difficult to enforce.

"The ATF only has about 5,500 employees for the whole country. About a third of them are in administration, and that means they don't have the manpower or resources to enforce federal gun control on their own," he said. "Their maximum capacity, year in and year out, is between 8,000 to 10,000 closed cases. So if you get a combination of more than 10,000 people violating a federal act, and then on top of it, you have states and local communities refusing to participate in enforcement, you've then opened the door to actually nullify that federal act in practice and effect."

Boldin said that the legal case for nullification doesn't depend on the constitutionality of the law a state wants to nullify, thanks to a legal doctrine known as anti-commandeering, which has been upheld in five Supreme Court cases from 1842 to 2018. It holds that the federal government can't require states and localities to participate in the enforcement of federal laws.

"Talking about constitutionality actually gets in the way of anti-commandeering," Boldin notes. "A lot of people like that as a line in the sand; and I think that's a good approach, but I don't think they should be helping enforce federal gun control. Even if a federal court says this federal gun measure is constitutional."