OKLAHOMA CITY (Jan. 22, 2016) – An Oklahoma bill prefiled for the 2016 legislative session would prohibit state cooperation with the enforcement all future federal gun control measures, effectively nullifying them in practice within the state.

Sen. Nathan Dahm (R-Broken Arrow) prefiled Senate Bill 1124 (SB1124) this week. Titled the Second Amendment Preservation Act, the legislation would prohibit any state or local agency, along with their employees, from knowingly and willingly participating in any way in the enforcement of any future federal act, law, order, rule or regulation issued regarding a personal firearm, a firearm accessory or ammunition. The bill would also ban the use of state assets or money in the enforcement of future federal gun laws.

Any local government found to have assisted in the enforcement of such federal gun laws in violation of the act would lose all of its grant funds the following year. State or local employers would face criminal penalties for knowingly violating the law in their official capacity.

SB1124 would effectively withdraw all state cooperation from the implementation or enforcement of future federal gun laws.

The legislation does not require any determination of constitutionality. It doesn’t attempt to physically interfere with federal enforcement of its own laws, but instead simply directs all state agencies to simply stand down. By removing resources and assistance that the federal government relies upon to carry out enforcement, these federal gun laws would be blocked in effect.

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,” said Michael Boldin of the Tenth Amendment Center. “By withdrawing all resources and participation in federal gun control schemes, the states can effectively bring them down.”

LEGAL BASIS

SB1124 rests on a well-established legal principle known as the anti-commandeering doctrine. Language in the bill refers to this universally accepted principle.

“Pursuant to and in furtherance of the principles of federalism enshrined in the Constitution of the United States, the federal government may not commandeer this State’s officers, agents or employees to participate in the enforcement or facilitation of any federal program not expressly required by the Constitution of the United States.”

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.”

WHAT’S NEXT

SB1124 will be officially introduced on when the 2016 legislative session begins on Feb. 1. At that time it will receive a committee assignment. It will have to pass out of committee by a majority vote before moving on to the full Senate for consideration.

TAKE ACTION IN SUPPORT

In Oklahoma: 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.

Latest posts by Mike Maharrey (see all)


Concordia res parvae crescunt


Small things grow great by concord...

Tenth Amendment Center


"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."


FOLLOW US

Get in Touch

12 + 7 =


MAIL:
PO BOX 13458
Los Angeles, CA 90013


PHONE:
213.935.0553

The 10th Amendment

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

LEARN MORE

01

Featured Articles

On the Constitution, history, the founders, and analysis of current events.

featured articles

02

Tenther Blog and News

Nullification news, quick takes, history, interviews, podcasts and much more.

tenther blog

03

State of the Nullification Movement

108 pages. History, constitutionality, and application today.

get the report

01

Path to Liberty

Our flagship podcast. Michael Boldin on the constitution, history, and strategy for liberty today

path to liberty

02

maharrey minute

The title says it all. Mike Maharrey with a 1 minute take on issues under a 10th Amendment lens.

maharrey minute

Tenther Essentials

2-4 minute videos on key Constitutional issues – history, and application today

TENTHER ESSENTIALS

Join TAC, Support Liberty!

Nothing helps us get the job done more than the financial support of our members, from just $2/month!

JOIN TAC

01

The 10th Amendment

History, meaning, and purpose – the “Foundation of the Constitution.”

10th Amendment

03

Nullification

Get an overview of the principles, background, and application in history – and today.

nullification