PHOENIX (Feb. 16, 2016) – Today, an Arizona Senate committee passed a bill that would set the foundation to reject and block gun control executive orders. The vote was 4-0 with 3 members present, but not voting.

Sen. Sylvia Allen (R-Snowflake) introduced Senate Bill 1452 (SB1452) on Feb. 2. The legislation declares that “Any executive order or action that limits the rights guaranteed to a citizen of this state by the Second Amendment to the United States Constitution and that is not consistent with the constitutions of the United States and this state is an unlawful executive order or action and is not recognized in this state.” [emphasis added]

State and local government agencies and employees would be prohibited from enforcing, administering, or cooperating with any such executive orders or actions.

The bill is similar to House Bill 2300 (HB2300) which addresses any future federal gun control measure, including any that might be passed by Congress. That bill is up for a hearing and vote tomorrow.

EFFECTIVE

Based on James Madison’s advice for states and individuals in Federalist #46, a “refusal to cooperate with officers of the Union” represents an extremely effectively method to bring down federal gun control measures because most enforcement actions rely on help, support and leadership from the states.

Fox News senior judicial analyst Judge Andrew Napolitano agreed. In a televised discussion on the issue, he noted that a single state taking this step would make federal gun laws “nearly impossible” to enforce.

The federal government relies heavily on state cooperation to implement and enforce almost all of its laws, regulations and acts – including gun laws. By simply withdrawing this necessary cooperation, states can nullify in effect many federal actions. As noted by the National Governor’s Association during the partial government shutdown of 2013, “states are partners with the federal government on most federal programs.”

Partnerships don’t work too well when half the team quits. By withdrawing all resources and participation in federal gun control schemes, the states can effectively bring them down.

LEGAL BASIS

The legislation rests on a well-established legal principle known as the anti-commandeering doctrine. Simply put, the federal government cannot force states to help implement or enforce any federal act or program. The anti-commandeering doctrine is based primarily on four Supreme Court cases dating back to 1842. Printz v. US serves as the cornerstone.

“We held in New York that Congress cannot compel the States to enact or enforce a federal regulatory program. Today we hold that Congress cannot circumvent that prohibition by conscripting the States’ officers directly. The Federal Government may neither issue directives requiring the States to address particular problems, nor command the States’ officers, or those of their political subdivisions, to administer or enforce a federal regulatory program. It matters not whether policy making is involved, and no case by case weighing of the burdens or benefits is necessary; such commands are fundamentally incompatible with our constitutional system of dual sovereignty.”

If passed into law, the bill would require additional action to effectuate. The withdrawal of state cooperation depends on a finding of constitutionality – the executive order must be found to violate either the state or U.S. Constitution. The bill does not create any mechanism to make that determination. Before ending cooperation with a given executive order or action, some process must be put in place to evaluate its constitutionality.

The Arizona legislature could make SB1452 immediately effective by removing the requirement for a determination of constitutionality, which is what HB2300 does. This approach removes the need for a determination of constitutionality and would have immediate effect on any new gun control coming from Washington D.C.

But even without such a bold move, the bills work together to set a good foundation to build on, and could represent an important strategic step forward. As Thomas Jefferson wrote to James Madison about the passage of the Kentucky Resolutions of 1798, it’s important to be strategic:

I think we should distinctly affirm all the important principles they contain, so as to hold to that ground in the future, and leave the matter in such a train as that we may not be committed absolutely to push the matter to extremities, & yet may be free to push as far as events will render prudent.

WHAT’S NEXT

SB1452 was referred to the Senate Rules Committee where it will need to pass by a majority vote before moving on to the full Senate for consideration.

TAKE ACTION IN SUPPORT

In Arizona, follow all the steps to support this bill at THIS LINK

All other states, contact your state legislator and encourage them to introduce similar legislation to stop federal gun control at this link.

Michael Boldin

The 10th Amendment

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