South Carolina Bill Would Nullify all Presidential Executive Orders Against the Right to Keep and Bear Arms

Senator Davis has filed SB 224 which is a Joint Resolution to Nullify Executive Orders infringing upon the second amendment, and the right to keep and bear arms. This Joint Resolution has been referred to the Senate Committee of Judiciary.

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.”

Also, Senator Davis hold that Executive Orders are not a way to skirt Congress and enact laws. The purpose of executive orders are “to direct and manage the operation of the executive branch of the federal government.”

The president has no constitutional authority to use an executive order to write laws. Congress is the only entity granted power to make laws.

Article 1 Section 8 states, “Congress shall have Power… To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.” Congress has that power. Not the president.

Senator Davis continues in SB 224 that, “executive orders issued by the President may not exceed his constitutional authority or stand in violation of any legislation passed by Congress, and Congress retains the power to overturn executive orders.”

SB224, if passed, would declare that any unconstitutional exeecutive orders to infringe on the right to keep and bear arms in the State of South Carolina are null and void, and “shall not be enforced by any federal, state, or local law enforcement agency within South Carolina.”

The Second Amendment was not created to give the right to bear arms to the people, but it was created to limit the trespass of the federal government on its citizens.

Robert Natelson writes in The Original Constitution “The Second Amendment served purposes besides buttressing the natural right of self-defense and the reserved power of armed resistance. By guaranteeing continuation of the state militias, it strengthened state power in the state-federal balance…By protecting the militia, the Amendment promoted citizen involvement in government military affairs.”

The threats of banning certain types of firearms to ammo or accessories still infringes on the second amendment just as in the Heller case. Robert Natelson writes, “The purpose of the Second Amendment suggests that the word “arms” should be interpreted rather broadly to include a range of military and self defense weapons.”

LEGISLATION AND TRACKING

If you would like to see model legislation to introduce in your state to nullify federal firearm laws, please see The Tenth Amendment Center’s Model Legislation: The 2nd Amendment Preservation Act.

Track the status of 2nd Amendment preservation legislation in states around the country HERE

ACTION ITEMS

In South Carolina? Join the new 2nd Amendment Preservation Group on facebook and get active to nullify federal gun laws: http://www.facebook.com/groups/2ndAmendmentSouthCarolina/

South Carolina residents can help pass this bill by contacting the South Carolina Senate Judiciary Committee.

Chair:
Senator Martin, District 2
Phone: (803) 212-6610

Members:
Senator Hutto, District 40
Phone: (803) 212-6140

Senator Sheheen, District 27
Phone: (803) 212-6032

Senator Massey, District 45
Phone: (803) 212-6024

Senator Coleman, District 17
Phone: (803) 212-6032

Senator Nicholson, District 10
Phone: (803) 212-6000

Senator Gregory, District 16
Phone: (803) 212-6024

Senator Bennett, District 38
Phone: (803) 212-6116

Senator Hembree, District 28
Phone: (803) 212-6016

Senator McElveen III, District 35
Phone: (803) 212-6132

Senator Thurmond, District 41
Phone: (803) 212-6172

Senator Young Jr, District 24
Phone: (803) 212-6124

Senator Rankin, District 33
Phone: (803) 212-6410

Senator Malloy, District 29
Phone: (803) 212-6172

Senator Campsen III, District 43
Phone: (803) 212-6340

Senator Bright, District 12
Phone: (803) 212-6008

Senator Martin, District 13
Phone: (803) 212-6100

Senator Scott Jr, District 19
Phone: (803) 212-6048

Senator Allen, District 7
Phone: (803) 212-6040

Senator Corbin, District 5
Phone: (803) 212-6100

Senator Johnson, District 36
Phone (803) 212-6108

Senator Shealy, District 23
Phone: (803) 212-6056

Senator Turner, District 8
Phone (803) 212-6148

If you are not a South Carolina Resident, you can help limit the federal government’s infringement on the second amendment by introducing bills like the 2nd Amendment Preservation Act from the Tenth Amendment Center’s Model Legislation website.