DES MOINES, Iowa (Feb. 15, 2023) – Today, an Iowa House Subcommittee passed a bill that would ban state and local enforcement of a wide range of federal gun control; past, present and future. Passage into law would represent a major step toward ending federal acts that infringe on the right to keep and bear arms within the state.

A coalition of 15 Republicans introduced House Bill 147 (HF147) on Jan. 30. The legislation would ban any person, including any public officer or employee of the state and its political subdivisions, from enforcing any past, present or future federal “acts, laws, executive orders, administrative orders, court orders, rules, or regulations” that infringe on the right to keep and bear arms.

Law enforcement agencies and political subdivisions in Iowa who knowingly employ a person who knowingly enforces or attempts to enforce any of the infringements outlined by the law or for giving material aid and support to such enforcement efforts would be subject to a civil penalty up to $50,000 for each such instance.

Any person whose rights are violated by a government agent defying the enforcement ban would have standing to pursue injunctive relief in state court, including “reasonable attorney fees and costs.”

“Sovereign immunity shall not be an affirmative defense in any action pursued under this section.”

HF147 is similar to a law that was passed in Missouri in 2021.

Writing in support of the measure, an Carroll County Attorner John C. Werden made a great counter-argument to the common objection that the state shouldn’t sanction law enforcement agencies for cooperating with the Feds. He pointed out that laws with no teeth have little impact.

“As an economics major at Grinnell College, I learned two immutable laws on human behavior, increase a cost and you will get less, subsidize and you will get more. Without a potential cost there are those who will ignore their oath to the Constitution and the Law and twist and turn words on end to justify their agenda. If it were up to me, the potential civil penalty against the agency (not the officer) would be significantly higher.”

On Feb 15, a House Judiciary Subcommittee voted 2-1 to move the bill forward to the full committee for further consideration.

DETAILS OF THE LEGISLATION

Under the proposed law, federal acts that “infringe on the people’s right to keep and bear arms,” whether enacted before or after the passage of this law, would be invalid in the state, not recognized by the state and have no effect in the state.

The bill includes a detailed definition of actions that qualify as “infringement,” including but not limited to:

  • taxes and fees on firearms, firearm accessories, or ammunition not common to all other goods and services that would have a chilling effect on the purchase or ownership of those items by law-abiding citizens;
  • registration and tracking schemes applied to firearms, firearm accessories, or ammunition, or their owners, that would have a chilling effect;
  • any act forbidding the possession, ownership, or use or transfer of a firearm, firearm accessory, or ammunition by law-abiding citizens;
  • any act ordering the confiscation of firearms, firearm accessories, or ammunition from law-abiding citizens.

The proposed law defines a “law-abiding citizen” as “a person who is not otherwise precluded under state law from possessing a firearm.”

EFFECTIVE

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

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 effective method to bring down federal gun control measures because most enforcement actions rely on help, support and leadership from state and local governments.

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.

“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, states and even local governments can help bring these unconstitutional acts to their much-needed end.”

LEGAL BASIS

The state of Iowa can legally bar state agents from enforcing federal gun control. Refusal to cooperate with federal enforcement 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 five Supreme Court cases dating back to 1842. Printz v. U.S. 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”

No determination of constitutionality is necessary to invoke the anti-commandeering doctrine. State and local governments can refuse to enforce federal laws or implement federal programs whether they are constitutional or not.

WHAT’S NEXT

HF147 will need to pass the House Judiciary Committee by a majority vote before moving forward in the legislative process.

Mike Maharrey

The 10th Amendment

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