North Dakota Representatives Streyle, Becker, Brabandt, Grande, Headland, Maragos, Porter, Ruby, Toman along with Senators Larsen, Miller, Sitte have introduced a bill that would stop federal gun control “laws” within the borders of North Dakota.
HB 1183 would 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. The text of the bill states that:
“…laws passed by the Congress of the United States and signed into law by the President of the United States after December 31, 2012, a rule, a regulation, or an executive order that specifically deprives a citizen of the United States of manufacturing, importing, buying ,selling, transferring, transporting, possessing, bearing, and keeping on the citizen’s body or in a location where the citizen has a legal right to be unless otherwise forbidden by this state’s law, and any other law, including a rule, a regulation, or an executive order, forbidding the private ownership of any firearm not forbidden as of December 31, 2012…”
It goes on to state that no “state or local governmental entity, including law enforcement and those individuals responsible for or who otherwise support prosecution of laws within this state, may not do any of the following as they relate to federal firearms laws not in force as of January 1, 2013:
- Investigate, enforce, or prosecute
- Assist with the investigation, enforcement, or prosecution
- Provide any resources, information, or assistance
- Accept resource support for, and use existing resource support already received for a violation or suspected violation
- Take any other action which can or may directly or indirectly aid or assist any governmental entity in investigating, enforcing, or prosecuting any citizen of the United States for a violation or suspected violation
Also, state or local governmental entities, including law enforcement and those individuals responsible for or whom otherwise support prosecution of laws within this state, may not:
- jail, confine, or imprison any citizen by its own actions or in support of another governmental entity for violation or suspected violation or conviction of federal firearms laws not in force as of January 1, 2013
- confiscate a firearm from a citizen deemed in violation or suspected violation of federal firearms laws not in force as of January 1, 2013
- accept permanent or temporary deputation or other official status from any other governmental entity for the purposes of conducting activities prohibited by this Act
Furthermore, violation of this Act by state or local government employees when passed will result in a misdemeanor as stated:
“The chief executive and employees of the chief executive or appointees under a state or local governmental entity violating any provision of section 1 of this Act, for which another penalty is not specifically provided, is guilty of a class A misdemeanor. The chief executive shall vacate public employment or office and surrender any professional licenses or certifications held which were a requirement of or used in the execution of duties of such public employment or office. The chief executive is ineligible to hold public office or have public employment in any state or local governmental entity for a period of five years after conviction”
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 for North Dakota
If you live in North Dakota, contact your state legislator. Let him or her know of your concern over federal actions to take away your 2nd Amendment rights and that you expect support of this legislation. Click here for contact information.
Please contact these Representatives and Senators and thank them for their support:
Representatives Streyle, Becker, Brabandt, Grande, Headland, Maragos, Porter, Ruby, Toman Senators Larsen, Miller, Sitte