Arizona Bill Would End State Enforcement of Federal Gun Laws; Sheriffs’ Organization Backs National Campaign

A RENEWAL OF STATES’ RIGHTS?

by Mike Maharrey, The Tenth Amendment Center, ©2014

(Feb. 3, 2014) — The campaign to stop federal violations of the Second Amendment at the state and local level got two big boosts late last week with the introduction of the Second Amendment Preservation Act in Arizona and an important endorsement for a similar bill pending in Florida.

Along with eight other sponsors, Arizona state Senator Kelli Ward introduced the Second Amendment Preservation Act in the Grand Canyon State. SB1294 declares all federal regulations violating the Second Amendment “invalid and void in this state.” It 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,” Ward said. “We’re going to pass this bill and stop the state of Arizona from helping the feds violate your rights.”

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.”

Tenth Amendment Center national communications director Mike Maharrey said refusal to cooperate with the feds could make federal firearms laws impossible to enforce.

“The federal government depends on state cooperation for almost everything it does. 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,” he said. “It’s quite simple; you cannot say you support the Second Amendment and oppose this bill.”

Arizona Tenth Amendment state chapter coordinator Adam Henriksen agreed.

“Guns and Ammo magazine ranked Arizona number one for gun rights, giving our state a score of 49 out of a possible 50 points. Our legislators know that we won’t let our rights be trampled on,” he said.

Earlier last week, Rep. Dane Eagle (R-Cape Coral) introduced HB733 in the Florida Senate. Similar to the Arizona bill, it would also bar the state from assisting federal agents in the enforcement of federal firearms laws and from providing material support of any kind to federal agents in the enforcement of these laws.

On Friday, HB733 picked up the endorsement of the Constitutional Sheriffs and Peace Officers Association. Sheriff Richard Mack founded CSPOA, and he was one of the plaintiffs in the Printz case.

Mack said his organization supports the Florida Second Amendment Preservation Act, and would like to see every state take this path.

“This bill is one more needed action in the growing movement to return the powers not expressly given to the federal government back to the States and the People, according to the Constitution. We are in league with this legislation, and we encourage every state to enact similar laws”, said Sheriff Richard Mack (Ret.), founder of the Constitutional Sheriffs and Peace Officers Association (cspoa.org).

CSPOA is in the process of communicating it’s support to legislatures around the country, according to Rick Dalton, CSPOA legislative liaison. “Our members are on the front lines and this kind of law will aid us in standing firm in defense of the rights of the people we serve”, said Sheriff Mack.

CSPOA just held a conference last week where all those present signed a resolution putting the federal government on notice that lawless and unconstitutional federal activities will not be tolerated where its members have jurisdiction.

Contact: Mike Maharrey
Communications Director
O: 213.935.0553
media@tenthamendmentcenter.com
www.tenthamendmentcenter.com

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The Tenth Amendment Center exists to promote and advance a return to a proper balance of power between federal and State governments envisioned by our founders, prescribed by the Constitution and explicitly declared in the Tenth Amendment. A national think tank based in Los Angeles, the Tenth Amendment Center works to preserve and protect the principle of strictly limited government through information, education, and activism.

 

3 Responses to "Arizona Bill Would End State Enforcement of Federal Gun Laws; Sheriffs’ Organization Backs National Campaign"

  1. gigclick   Thursday, February 6, 2014 at 7:52 PM

    Come on CSPOA! Let’s step it up and let the coup/usurpers know we still have a Constitution whether they like it or not, whether the DNC wants to force laws to their benefit WITHOUT the votes of the people-will not be tolerated. ALL government corruption at all levels MUST be investigated and stopped before America adds another chapter to it’s history of revolution that would be more deadly than allowing the DNC to continue the destruction of America for it’s illegal’s amnesty votes for their retirement coffers and scofflaw lifestyles at everyone else’s expense. When will treason, perjury, election fraud and murder be investigated? Benghazi and Fast and Furious flew by like nothing under DNC trickery and manipulation as Hillary was coached on that island near Haiti where Bill has been stealing money from the big $4.3 billion pot of gold given to Haiti where the U.S. installed a Constitutionally illegal President/paper pusher to run their country while nothing is done except when money is stolen and no one sees anything except the recipients. Now, we need to investigate who, when and how the judicial was threatened along with their families to prevent Presentment/Discovery to prosecute DNC members!

  2. Stephen Hiller   Tuesday, February 4, 2014 at 8:41 AM

    According to the Constitution the County Sheriff is the TOP law enforcement officer in his county, not the state trooper, not the fed agent, not the military, not the etc. etc. – that’s because he’s elected by the local people he serves and is answerable directly to them. Thank God for Sheriff Mack.

  3. Robert Laity   Tuesday, February 4, 2014 at 2:23 AM

    As a member of the C.S.P.O.A. I am a signatory of the Association’s recent resolution that federal activities that are unconstitutional and not based in law will NOT be tolerated. I have sent a copy of the resolution to this News service.

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