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
Sharon Rondeau has operated The Post & Email since April 2010, focusing on the Obama birth certificate investigation and other government corruption news. She has reported prolifically on constitutional violations within Tennessee’s prison and judicial systems.