By now we’ve all heard that President Obama is calling for more federal gun control and has issued “New Executive Actions to Reduce Gun Violence and Make Our Communities Safer”. In addition, a group of Democrats in Congress recently introduced H.R.4269 – the Assault Weapons Ban of 2015.
What are the 31 Republican-controlled state legislatures going to do about it?
- Will they defend the Constitutionally-protected right to keep and bear arms by passing the 2nd Amendment Preservation Act like Kansas, Alaska & Idaho did in 2013/14?
- Will they “uphold the right of individuals to keep and bear arms, a right which antedated the Constitution and was solemnly confirmed by the Second Amendment”, as the GOP platform declares?
- Will they stall and/or completely ignore 2APA bills like they did in Arizona, Kentucky, Mississippi, Missouri, North Carolina, Ohio, Pennsylvania, South Carolina, Texas and West Virginia in 2015?
- Will state & local law enforcement in these “red” states – fearing a potential loss of federal funds – work AGAINST the 2nd Amendment Preservation Act like they did in Arkansas & New Hampshire in 2015?
The 2nd Amendment Preservation Act 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 and federal act or program The anti-commandeering doctrine rests primarily on four Supreme Court cases 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.”
Contact your STATE representative and senator and urge them to introduce and pass the 2nd Amendment Preservation Act. Click HERE for more details and model legislation.