The Minnesota state Senate has introduced a bill which would nullify any past, present or future gun control laws handed down by the feds.
SF2852 declares that “all federal acts, laws, orders, rules, regulations, whether past, present, or future, in violation of the Second Amendment to the Constitution of the United States 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 the state, shall not be recognized by the state, are specifically rejected by the state, and shall be considered null and void and of no effect in the state.”
The meat of the bill is found in subdivision 2. It would stop state cooperation with enforcement “any act, law, order, rule, or regulation of the federal government regarding personal firearms, firearm accessories, or ammunition within state boundaries.” It would also prevent local government from enforcing federal gun bans and state officials from providing material support as well. The legislation goes on to cut off funding from state agencies and corporate contractors if they refuse to follow the law.
This bill rests on the anti-commandeering doctrine that states that the feds cannot force states to use their resources to implement or enforce federal acts. This has been upheld in four separate Supreme Court cases and is widely accepted as legally valid.
State refusal to cooperate with acts violating the Second Amendment would render them virtually null and void in practice, especially if multiple states pass similar bills. The federal government depends on state and local agents to do just about everything. If enough states simply refuse to lift a finger to help the feds, it would make federal gun laws “nearly impossible to enforce,” as Judge Napolitano has said.
SF2852 was introduced on Mar. 21 by Sen. Branden Petersen (R-35). It was promptly moved to the Judiciary Committee where it will need to pass through a majority before it can be considered for a vote by the whole senate. After it passes the senate, the house will have to concur before the bill can arrive on Gov. Dayton’s desk to be signed into law.
Considering the political climate in Minnesota, passing the legislation this year will be a long-shot. But it is important to get the ball rolling and take the first step. It took 10 years of effort to get medical marijuana legalized in Illinois. With persistence, we can establish Second Amendment protections in Minnesota.
If you live in Minnesota: Take steps to support SF2852 HERE.
If you live in other states: Contact your state legislators today – urge them to introduce similar legislation. Model bills and contact info HERE.
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