Quantcast

GOP State Lawmakers Seek to Nullify Biden’s Expected Gun Grab

'We really feel the need to protect those rights...'

(Headline USA) With Democrats controlling the presidency and Congress, Republican state lawmakers concerned about the possibility of new federal gun control laws aren’t waiting to react.

Legislation in at least a dozen states seeks to nullify any new restrictions, such as ammunition limits or a ban on certain types of weapons. Some bills would make it a crime for local police officers to enforce federal gun laws.

That can create confusion for officers who often work with federal law enforcement, said Daniel Isom, a former chief of the St. Louis Police Department who is now a senior advisor for extreme gun control group Everytown for Gun Safety.

Putting local officers in a position to decide which laws to enforce is the last thing police need at a time when cities such as St. Louis are experiencing a rise in violent crime, Isom said.

...article continued below
- Advertisement -

“This has been an extremely challenging year for both communities and law enforcement, and to ask any more mental strain on officers at this point in time seems to be quite displaced,” he said.

Gun sales have set monthly records nationwide since the coronavirus pandemic took hold.

Isom is concerned about a Missouri measure passed by the state House that would allow police departments with officers who enforce federal gun laws to be sued and face a $50,000 fine. It’s not the first time Missouri has considered such a bill, but supporters pointed to President Joe Biden taking office as a reason to pass it now.

In Utah, Republican Rep. Cory Maloy also referenced the incoming administration after the state House passed his bill with a similar provision forbidding the enforcement of federal gun laws. Many Republican state lawmakers see attempts to pass federal firearms restrictions as a threat to the Second Amendment.

...article continued below
- Advertisement -

“We really feel the need to protect those rights,” he said.

Several states passed similar laws under then-president Barack Obama, although some judges have ruled against them in court. Most of the latest crop of federal nullification proposals focus on police officers inside their states who primarily enforce state rather than federal laws.

While Biden has called for a ban on so-called “assault weapons,” any new gun legislation will likely face an uphill climb given the political polarization that has tripped up past administrations. Democratic lawmakers from conservative-leaning states also could join Republicans in opposing new gun restrictions.

Those dynamics haven’t stopped state lawmakers who want to make the first move to protect gun rights in their states. Federal nullification bills have been introduced in more than a dozen other states, including Alabama, Arkansas, Nebraska, Oklahoma, South Carolina, Tennessee, Wyoming, New Hampshire, North Dakota, South Dakota, West Virginia and Iowa. In Texas, the governor has called for the state to become a Second Amendment sanctuary.

In Arizona, a Senate proposal that passed the chamber on Wednesday would allow officers to be sued for enforcing federal gun restrictions that the state considers violations of the Second Amendment. They potentially could face criminal charges. A bill in the House doesn’t include those punishments, but its sponsor, Republican Rep. Leo Biasiucci, said it would be a clear rejection of federal restrictions on assault-style weapons, high-capacity magazines or other firearms.

“They can do that at a federal level, but in Arizona it’s not going to fly,” he said.

His proposal passed the state House last week over the objections of Democrats.

Similar measures passed by the Republican Legislature in Montana were vetoed in previous years by the former Democratic governor. Now working with a Republican governor, the state House passed a bill last week to bar state officials from enforcing federal bans on certain firearms, ammunition or magazines.

Under Obama’s presidency, the Legislature passed a law in 2009 that made guns and ammunition manufactured in Montana exempt from federal law. It eventually was struck down in court, but several states still followed with their own nullification measures. In 2013, two Kansas men tried to use that state’s nullification law to overturn their federal convictions for possessing unregistered firearms, but the challenge was rejected.

“The main issue there is the Supremacy Clause,” the part of the Constitution that says federal law supersedes state law, said Jacob Charles, executive director of the Center for Firearms Law at Duke Law School.

Even so, the bills focused on what local police can and can’t do could pass legal muster.

“States have no obligation to enforce federal law,” he said.

Adapted from reporting by Associated Press.

- Advertisement -

TRENDING NOW

California Mass Shooter Exposes Flawed Gun Control Arguments

(Headline USA) In the wake of a string of shootings around the nation, gun control advocates have called for new laws and restrictions to...

FBI Admits It Interviewed FedEx Mass Shooter Last Year

(Associated Press) The former employee who shot and killed eight people at a FedEx facility in Indianapolis was interviewed by FBI agents last year,...

‘Freedom Fighter’ Patrols Come Out in Force at Minnesota Riots

(Associated Press)  As protests intensified in the Minneapolis suburb where a police officer fatally shot Daunte Wright, a group of Black men joined the...

MURDOCK: Biden’s Bombastic Rhetoric Dishonors Victims of Civil Rights Struggle

(Deroy Murdock, Headline USA) In his latest bid to unite America, President Joe Biden has called Georgia’s new election-integrity law “Jim Crow for the...

Biden Still Seizing Land at Border, Despite Pledge to Halt Wall

President Joe Biden's Justice Department continues to seize land for the US--Mexico border wall, despite the administration's promise to review and roll back the...

FBI’s Wray Challenged Over Disparate Treatment Between Capitol Rioters vs. Portland Rioters

Rep. Markwayne Mullin, R-Okla., grilled FBI Director Christopher Wray during a congressional hearing this week about the federal law enforcement community’s “double standard” in...

Dems’ Fixer Marc Elias Tries Desperately to Get Ariz. County’s Vote Audit Shut Down

To prevent the Arizona legislature's independent audit of the highly dubious voting results in Maricopa County, Democrat lawyer Marc Elias is leading a massive...

Fake Families can now Cross Border without DNA Test

The Biden administration is no longer asking border agents to perform DNA tests on immigrants claiming to have family in the United States, the...

WATCHDOG: Facebook Lets Human Traffickers Advertise; Algorithm Promotes Their Pages

Facebook allows human smugglers who move people from Central America into the United States to advertise their services, and the platform's algorithms boost their...
- Advertisement -