Texas, Florida, South Carolina, Missouri, Indiana,
Tennesee, Oklahoma, North Dakota, New Mexico, Arizona, Alaska and
Wyoming have proposed legislation to either jail federal officials who
violate the second amendment or to nullify federal laws to control guns
within state borders.
The 2nd Amendment Preservation Act is a state-level bill
that renders all federal gun laws, regulations, rules, acts, orders, etc
- null and void within the borders of the state. TRACK HERE
The Firearms Freedom Act declares that any firearms made
and retained in-state are beyond the authority of Congress under its
constitutional power to regulate commerce among the states. The FFA
is primarily a Tenth Amendment challenge to the powers of Congress
under the commerce clause, with firearms as the object. TRACK HERE
Introduced in Texas, House Bill 553 (HB553), is the
Second Amendment Preservation Act. The bill reaffirms the 2nd
Amendment, as intended, and would nullify potentially anything from
the federal government that contravenes in the State of Texas.
It reads, in part:
All federal acts, laws, executive orders, agency orders, and rules or
regulations of all kinds with the purpose, intent, or effect of
confiscating any firearm, banning any firearm, limiting the size of a
magazine for any firearm, imposing any limit on the ammunition that may
be purchased for any firearm, taxing any firearm or ammunition
therefore, or requiring the registration of any firearm or ammunition
therefore, infringes upon Texans’ right to bear arms in direct violation
of the Second Amendment to the Constitution of the United States, and
therefore, any such law is not made in pursuance of the Constitution, is
not authorized by the Constitution, and thus, is not the supreme law of
the land, and consequently, is invalid in this State and shall be
further considered null and void and of no effect in this State.The bill
goes further than just affirmation of the 2nd Amendment. It requires
compliance by state and federal agents.
A person who is a public servant commits an offense if the person, while
acting under color of the person’s office or employment, intentionally
enforces or attempts to enforce any acts, laws, executive orders, agency
orders, rules or regulations of any kind whatsoever of the United
States government relating to confiscating any firearm, banning any
firearm, limiting the size of a magazine for any firearm, imposing any
limit on the ammunition that may be purchased for any firearm, taxing
any firearm or ammunition therefore, or requiring the registration of
any firearm or ammunition therefore.The legislation specifies that the
new law would apply not just to state employees, but federal ones as
well.
”Public servant,” includes an officer, employee, or agent of the United
States; a branch, department, or agency of the United States; another
person acting under a contract with a branch, department, or agency of
the United States to provide a law enforcement or security service; or
any other person acting under color of federal law.
Introduced by Missouri State Representative Casey Guernsey, with
61 co-sponsors, is the Missouri 2nd Amendment Preservation Act. House
Bill 170 ( HB170)
would nullify any and all federal acts, orders, laws, statutes, rules,
or regulations of the federal government on personal firearms,
firearm accessories, and ammunition.
The bill states, in part: “Any
official, agent, or employee of the federal government who
enforces or attempts to enforce any act, order, law, statute,
rule, or regulation of the federal government upon a personal
firearm, a firearm accessory, or ammunition that is owned or
manufactured commercially or privately in the state of Missouri and
that remains exclusively within the borders of the state of
Missouri shall be guilty of a class D felony.”
North Dakota Introduced by Rep. Streyle, Becker, Brabandt, Grande, Headland, Maragos, Porter, Ruby, Toman
Introduced by Sen. Larsen, Miller, Sitte
A BILL for an Act to create and enact three new sections to
chapter 62.1-01 of the North Dakota Century Code, relating to
forbidding state governmental entities from providing aid and
assistance to the federal government or any other governmental entity
for the investigation, enforcement, and prosecution of federal firearms
laws not in force as of January 1, 2013; to provide a penalty; to
provide for retroactive application; and to declare an emergency.
Florida 2ND Amendment Preservation Act
THE PEOPLE OF THE STATE OF FLORIDA DO ENACT AS FOLLOWS:
STATEMENT OF INTENT – The intent of this legislation is to reject any
and all power or influence or interference of and by the federal
government regarding the the right to keep and bear arms (including
ammunition); and to prohibit prohibit federal actors from infringing on
these rights within the borders of FLORIDA; and to prohibit state
employees in aiding the federal actors from infringing on these
rights; and to provide felonious penalties of such.
SECTION 1 – THE LEGISLATURE OF THE STATE OF FLORIDA FINDS THAT:
(a) The 2nd Amendment to the Constitution of the United States reads as
follows, “A well regulated militia, being necessary to the
security of a free state, the right of the people to keep and bear arms,
shall not be infringed.”
(b) The Constitution of the United States does not provide the federal
government with the authority to impose acts, laws, orders, rules, or
regulations relating to civilian-owned firearms, firearm accessories, or
ammunition.
(c) All federal acts, laws, orders, rules or regulations
regarding civilian-owned firearms, firearm accessories, or ammunition
are in violation of the 2nd Amendment to the United States Constitution
and the 10th Amendment of the United States Constitution. SECTION 2
- PROHIBITION ON FEDERAL INFRINGEMENT OF THE RIGHT TO KEEP AND
BEAR ARMS
(a) The Legislature of the State of FLORIDA declares that all federal
acts, laws, orders, rules, or regulations relating to civilian firearms,
firearms accessories or ammunition – currently in effect at the time of
passage of this act, or implemented after passage of this act – are in
violation of the 2nd Amendment to the Constitution of the United States
and are not authorized by the Constitution of the United States and
violate its true meaning and intent as given by the Founders and
Ratifiers; and are hereby declared to be invalid in this state, shall
not be recognized by this state, are specifically rejected by this
state, and shall be considered null and void and of no effect in this
state. (b) Any federal act, law, order, rule, or regulation shall be
unenforceable within the borders of Florida if the act, law, order,
rule, or regulation does or attempts to:
(I) Ban, regulate, or restrict the civilian ownership, sale, transfer,
or manufacture of a firearm, a firearm accessory, or ammunition; or
(ii) Require any civilian-owned firearm, firearm accessory, or
ammunition to be registered in any manner; or (iii) Imposes federal
taxes or fees on any civilian-owned firearm, firearm accessory,
or ammunition.
SECTION 3 – OFFENSES AND PENALTIES; DEFENSE OF Florida CITIZENS. (a) Any
public officer, employee, or agent of the State of Florida, or
any employee of a corporation providing services to the State of Florida
as defined in ___________, who enforces or attempts to enforce any
act, law, order, statute, rule or regulation of the United States
government relating to a civilian-owned firearm, firearm accessory or
ammunition that is owned, sold, transferred, or manufactured
commercially or privately in Florida shall be guilty of a felony and,
upon conviction, shall be subject to imprisonment for not less than one
(1) year and one (1) day or more than five (5) years, a fine of not more
than five thousand dollars ($5,000.00), or both.
(b) Any official, agent, or employee of the government of the United
States, or employee of a corporation providing services to the
government of the United States who enforces or attempts to enforce any
act, order, law, statute, rule or regulation of the United
States government upon a civilian-owned firearm, a firearm accessory,
or ammunition that is owned, sold, transferred, or
manufactured commercially or privately in Florida shall be guilty of a
felony and, upon conviction, shall be subject to imprisonment for not
less than one (1) year and one (1) day or more than five (5) years, a
fine of not more than five thousand dollars ($5,000.00), or both.
(c) The Attorney General shall defend any civilian of Florida who is
prosecuted by the United States government for violation of a federal
law relating to the manufacture, sale, transfer, bearing, or possession
of a civilian-owned firearm, a firearm accessory or ammunition owned,
manufactured, or retained within the borders of Florida, and the
Attorney General shall seek to invalidate any such federal law by all
means available.
SECTION 4 – This act shall take effect upon being signed by the Governor
Sponsored by: KROEKER
AN ACT relating to firearms; providing that any federal law
which attempts to ban a semi-automatic firearm or to limit the size of
a magazine of a firearm or other limitation on firearms in this
state shall be unenforceable in Wyoming; providing a penalty; and
providing for an effective date
Alaska: HB 69
SPONSOR(S): REPRESENTATIVE(S) CHENAULT, Millett, Johnson,
T.Wilson, Hawker, Olson, Feige, P.Wilson, Thompson, Keller, Gattis,
Lynn, Saddler, Higgins, LeDoux, Foster
TITLE: “An Act exempting certain firearms and firearm accessories
in this state from federal regulation; providing criminal penalties
for federal officials who enforce or attempt to enforce a federal
law, regulation, rule, or order regulating certain firearms and
firearm accessories in this state; and providing for an effective date.”
SB 224 states, “Any federal executive order restricting,
abridging, or otherwise infringing upon the free exercise of a citizen’s
second amendment right to keep and bear arms is unconstitutional and
shall not be enforced by any federal, state, or local law enforcement
agency within South Carolina.”
Senator Davis referenced District of Columbia v. Heller.
This Supreme Court held that, “the Second Amendment protects an
individual’s right to possess firearms and that the city’s total ban on
handguns, as well as its requirement that firearms in the home be kept
nonfunctional even when necessary for self-defense, violated that
right.”
13-3121. Arizona firearms; prohibited enforcement of federal laws;
representation by the attorney general; classification; definition
A. A PUBLIC SERVANT OR A FEDERALLY LICENSED DEALER WHO
SELLS FIREARMS IN THIS STATE SHALL NOT ENFORCE OR ATTEMPT TO ENFORCE
ANY ACT, LAW, STATUTE, RULE OR REGULATION OF THE UNITED STATES
GOVERNMENT RELATING TO A PERSONAL FIREARM, A FIREARM ACCESSORY OR
AMMUNITION THAT IS OWNED OR MANUFACTURED COMMERCIALLY OR PRIVATELY IN
THIS STATE AND THAT REMAINS EXCLUSIVELY WITHIN THE BORDERS OF THIS
STATE.
B. AN OFFICIAL, AGENT OR EMPLOYEE OF THE UNITED STATES
GOVERNMENT SHALL NOT ENFORCE OR ATTEMPT TO ENFORCE ANY ACT, ORDER, LAW,
STATUTE, RULE OR REGULATION OF THE UNITED STATES GOVERNMENT RELATING TO
A PERSONAL FIREARM, A FIREARM ACCESSORY OR AMMUNITION THAT IS OWNED
OR MANUFACTURED COMMERCIALLY OR PRIVATELY IN THIS STATE AND THAT
REMAINS EXCLUSIVELY WITHIN THE BORDERS OF THIS STATE.
C. THE ATTORNEY GENERAL MAY DEFEND A CITIZEN OF THIS STATE WHO
IS PROSECUTED BY THE UNITED STATES GOVERNMENT FOR VIOLATION OF A
FEDERAL LAW RELATING TO THE MANUFACTURE, SALE, TRANSFER OR POSSESSION
OF A FIREARM, A FIREARM ACCESSORY OR AMMUNITION THAT IS OWNED OR
MANUFACTURED AND THAT IS RETAINED EXCLUSIVELY WITHIN THE BORDERS OF THIS
STATE.
D. ANY FEDERAL LAW, RULE, REGULATION OR ORDER THAT IS EFFECTIVE
ON OR AFTER JANUARY 1, 2013 IS UNENFORCEABLE WITHIN THE BORDERS OF
THIS STATE IF THE LAW, RULE, REGULATION OR ORDER ATTEMPTS TO DO ANY OF
THE FOLLOWING:
1. BAN OR RESTRICT OWNERSHIP OF A SEMIAUTOMATIC FIREARM OR ANY MAGAZINE OF A FIREARM.
2. REQUIRE ANY FIREARM, MAGAZINE OR OTHER FIREARM ACCESSORY TO BE REGISTERED IN ANY MANNER.
E. A PERSON WHO VIOLATES SUBSECTION B OF THIS SECTION IS GUILTY OF A CLASS 6 FELONY.
F. FOR THE PURPOSES OF THIS SECTION, “PUBLIC SERVANT” MEANS
ANY OFFICER OR EMPLOYEE OF THIS STATE OR ANY POLITICAL SUBDIVISION OF
THIS STATE, INCLUDING LEGISLATORS AND JUDGES, AND ANY PERSON WHO
PARTICIPATES, AS JUROR, WITNESS, ADVISOR, CONSULTANT OR OTHERWISE,
IN PERFORMING A GOVERNMENT FUNCTION.
New Mexico HB114 – Introduced 01-17-13
RELATING TO FIREARMS; PROHIBITING THE ENFORCEMENT OF FEDERAL
FIREARM LAWS; PROVIDING FOR THE DEFENSE OF NEW MEXICO RESIDENTS BY THE
ATTORNEY GENERAL; PROVIDING PENALTIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. PROHIBITING ENFORCEMENT OF FEDERAL FIREARM
LAWS–PROVIDING FOR THE LEGAL DEFENSE OF NEW MEXICO RESIDENTS–PROVIDING
PENALTIES.–
A. A public officer or firearm dealer selling any firearm in New
Mexico who enforces or attempts to enforce any act, law, statute, rule
or regulation of the United States government relating to a personal
firearm or firearm accessory, or to ammunition, that is owned or is
manufactured commercially or privately in New Mexico, and that remains
exclusively within the borders of New Mexico, is guilty of a
third degree felony and shall be punished by a fine of not more than
five thousand dollars ($5,000) or by imprisonment for a definite term
not to exceed three years or both.
B. An official, agent or employee of the United States government
who enforces or attempts to enforce any act, order, law, statute, rule
or regulation of the United States government upon a personal firearm or
firearm accessory, or upon ammunition, that is owned or is manufactured
commercially or privately in New Mexico, and that remains exclusively
within the borders of New Mexico, is guilty of a third degree
felony and shall be punished by a fine of not more than five thousand
dollars ($5,000) or by imprisonment for a definite term not to exceed
three years or both.
C. The attorney general may defend a resident of New Mexico who is
prosecuted by the United States government for violation of a federal
law relating to the manufacture, sale, transfer or possession of a
firearm or firearm accessory or of ammunition owned or manufactured and
retained exclusively within the borders of New Mexico.
D. Any federal law, rule, regulation or order created or effective
on or after July 1, 2013 shall be unenforceable within the borders of
New Mexico if the law, rule, regulation or order attempts to:
(1) ban or restrict ownership of a semi-automatic firearm or a magazine of a firearm; or
(2) require a firearm, magazine or other firearm accessory to be registered in any manner.
E. As used in this section:
(1) “ammunition” means a projectile expelled by action of an explosive from a firearm;
(2) “firearm” means any weapon that will or is designed to expel a
projectile by the action of an explosive. ”Firearm” shall not include
any fully automatic weapon or any weapon designed to fire a
rocket-propelled grenade or any explosive projectile;
(3) “firearm accessory” means an item that is used in conjunction
with or mounted upon a firearm but is not essential to the basic
function of a firearm, including telescopic or laser sights, magazines,
folding or aftermarket stocks and grips, speed loaders, ammunition
carriers, optics for target identification and lights for target
illumination;
(4) “firearm dealer” means a person engaged in the retail sale of firearms, firearm accessories or ammunition;
(5) “manufactured” means that a firearm, a firearm accessory or
ammunition has been created from basic materials for functional
usefulness, including casting, machining, molding or other processes for
working materials; and
(6) “public officer” means any officer or employee of the
legislative, executive or judicial departments of the state or any of
its agencies, and any officer or employee of any of the political
subdivisions of the state.
Tennessee HB0042 – introduced 01-15-13
Firearms and Ammunition – As introduced, prohibits the enforcement
and prosecution of certain federal law implemented or executed
on or after January 1, 2013, concerning certain firearms, firearm
accessories or ammunition. – Amends TCA Title 4; Title 7; Title 8;
Title 38; Title 39; Title 41; Title 49 and Title 62.
North Dakota HB1183 – introduced 01-11-13
Introduced by Rep. Streyle, Becker, Brabandt, Grande, Headland, Maragos, Porter, Ruby, Toman
Introduced by Sen. Larsen, Miller, Sitte
A BILL for an Act to create and enact three new sections to
chapter 62.1-01 of the North Dakota Century Code, relating to forbidding
state governmental entities from providing aid and assistance to the
federal government or any other governmental entity for the
investigation, enforcement, and prosecution of federal firearms laws not
in force as of January 1, 2013; to provide a penalty; to provide for
retroactive application; and to declare an emergency.
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1QM, 4Q491-496
