Colorado Legislation would Nullify Federal Gun “Laws”

Colorado State Senators Marble, Balmer, Baumgardner, Brophy, Cadman, Crowder, Grantham, Harvey, Hill, King, Lambert, Lundberg, Renfroe, Scheffel along with State Representatives Saine, Sonnenberg, Buck, Everett, Holbert, Humphrey, Joshi, Landgraf, Nordberg, Priola, Rankin, Wilson, Wright have introduced a bill that would stop new federal gun control “laws” at the state border. (Legislators without links are new and the state has not setup pages for them as of the writing of this post.)

SENATE BILL 13-140 would not only block any new federal firearms bills but also blocks federal expansion of the” interstate commerce clause” on any firearm, accessory, ammunition, ammunition magazine manufactured in and retained within the state. The Constitution gives authority to Congress to regulate Interstate Commerce (to make regular not to limit) but it does not authorize interference in intrastate commerce i.e. commerce solely within the borders of a state. The text of the bill simply states that:

“An employee, agent, or agency of the state, including but not limited to a peace officer, shall not enforce or attempt to enforce any statute, rule, regulation, order, action, or act of the United States government that relates to a firearm, ammunition, ammunition magazine, or firearm accessory that:

• Is manufactured commercially or privately within Colorado; and
• Remains exclusively within the borders of Colorado.

This bill, if passed, would make any federal gun control bill in effect on or after January 1, 2013 “unenforceable within the borders of Colorado” if it limits the citizens of Colorado access to firearms, ammunition and firearm accessories if the statute, rule, or regulation purports to:

• Ban or restrict ownership of a semi-automatic firearm or ammunition magazine;
• Require any firearm, ammunition magazine, or firearm accessory to be registered in any manner;
• Restrict a Colorado resident from purchasing any firearm from a licensed firearms dealer or a private seller in another state; or
• Restrict a resident from another state who visits Colorado from purchasing or possessing any firearm.

The bill authorizes the State Attorney General to defend citizens of Colorado being prosecuted by the federal government for violating any new federal law if the prosecution relates to items that were manufactured, sold and remained within the borders of Colorado.

The bill further threatens misdemeanor charges for any federal agent that tries to enforce any new law “if the statute, rule, or regulation relates to a firearm, ammunition, ammunition magazine, or firearm accessory that” was manufactured, sold and retained within the borders of the state.

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 Colorado

If you live in Colorado, contact your state senator and strongly, but respectfully, urge them to support this bill. . Let him or her know of your concern over federal actions to take away your right to keep and bear arms – and that you expect support of this legislation. Click here for contact information.