Senate backs veto override on firearm bill
House adjourns without vote on bid to block federal laws
The Arkansas Senate on Monday voted to override Gov. Asa Hutchinson’s veto of a bill that would prohibit state and local law enforcement authorities from helping to enforce certain federal gun laws.
After a testy debate among some members, the Senate voted 21-12 to override the governor’s veto of Senate Bill 298 by Sen. Gary Stubblefield, R-Branch. Eighteen votes in the 35-member Senate are required to override a veto.
The House adjourned without considering an override. Both chambers must agree to override a gubernatorial veto.
“I think the important point is that everyone on the Senate floor agreed that the bill was flawed and was unacceptable as is, and that’s the reason I vetoed it,” Hutchinson said afterward.
“Even though they overrode the veto, they knew it was a bad bill and they got to fix it,” the Republican governor said in an interview.
Hutchinson said he is
hopeful the House will either sustain the veto or get something in the works to remedy the problem with the bill.
He said he would be willing to sign a bill patterned after a measure recently enacted in Montana.
“I’ll sign that portion of the bill that pushes back against Washington and protects our Second Amendment,” but SB298 goes too far, Hutchinson said.
SB298, dubbed the “Arkansas Sovereignty Act of 2021,” would declare federal gun laws and regulations “null and void” in Arkansas if they “infringe on the people’s right to keep and bear arms as guaranteed by the Second Amendment to the United States Constitution and Arkansas Constitution, Article 2, §5.”
Among other things, the bill specifically declares “null and void” the National Firearms Act, which regulates machine guns and sawed-off shotguns; the Gun Control Act of 1968; and any “tax, levy, fee or stamp imposed on firearms, firearm accessories or ammunition not common to all other goods and services that could have a chilling effect on the purchase or ownership of those items by law-abiding citizens.”
In vetoing the bill, Hutchinson warned Friday that the measure would impose criminal penalties on state and local law enforcement officers who assist federal agencies or officers in the enforcement of the National Firearms Act. He said it also would ban assisting in the enforcement of the Gun Control Act, which prohibits certain felons from possession of firearms.
The bill also would jeopardize hundreds of federal cases against violent criminals and affect future law enforcement endeavors, he said.
Supporters of the bill said it is a preemptive measure against any gun-control steps that may come from the Biden administration.
While Congress has not passed any recent gun-control bills, conservative lawmakers in Arkansas said they are worried about an infringement of Second Amendment rights under President Joe Biden.
A NEW BILL
Legislative leaders had hoped to recess the session today.
During the debate Monday afternoon, Stubblefield said he had prepared a new bill to fix problems in SB298 that were identified by others.
Shortly before 7 p.m. Monday, Stubblefield filed Senate Bill 717. That bill refers to the two federal laws in SB298 but also lists specific statutes within those laws that it says do not conflict with Arkansas law.
House Speaker Matthew Shepherd, R-El Dorado, said he hasn’t read that bill yet.
He said that whether the Legislature continues to meet beyond today “really depends on what the bill looks like and whether there is consensus.”
There may be an opportunity to expedite consideration of the new bill, he said.
Asked whether the Senate would stick around for a few more days to approve another version of Stubblefield’s gun bill, Senate President Pro Tempore Jimmy Hickey, R-Texarkana, said early Monday night, “I don’t know at this time.”
Hickey said Stubblefield withdrew from an earlier agreement not to ask for an override and to instead fix the problems with his bill.
The president pro tempore said he is worried about the possibility that more than 800 cases in federal court could fall apart under SB298.
In urging senators not to override the governor’s veto, Hickey said he initially voted for the legislation and is a strong supporter of the Second Amendment, but that he won’t blind himself to the problems with the bill.
Sen. Terry Rice, R-Waldron, said he worries that the federal government is “coming for guns,” and he urged senators to override.
He said he is scared to death and fears for future generations “having to live in a country where they would not have the Second Amendment rights and protections.”
Sen. Jim Hendren, an independent from Sulphur Springs, urged senators not to override the veto, saying he doesn’t believe the federal government is coming after people’s guns.
“This is a bad bill,” he said. Sen. Bob Ballinger, R-Ozark, arguing for an override, said his constituents want to be protected from the federal government and that the bill aims to do that.
While the House was in a short recess, the Senate floor debate was livestreamed inside the House chamber, with representatives glued to the arguments. When it came time for the House to begin voting on bills again, some representatives booed.
Democratic Sen. Larry Teague of Nashville joined 20 of the 27 Senate Republicans on Monday in voting to override the governor’s veto of SB298.
Along with Hendren and Hickey, Republican Sens. Cecile Bledsoe of Rogers, Bart Hester of Cave Springs, Bill Sample of Hot Springs and James Sturch of Batesville voted Monday against overriding the veto. Democratic Sens. Linda Chesterfield of Little Rock, Joyce Elliott of Little Rock, Keith Ingram of West Memphis, Stephanie Flowers of Pine Bluff, Greg Leding of Fayetteville and Clarke Tucker of Little Rock also voted against the override.
Republican Sens. Lance Eads of Springdale and Jane English of North Little Rock didn’t vote.
Law enforcement officials and prosecutors have said they have concerns that SB298 could allow felons to walk free in federal gun cases.
Federal statutes have stricter penalties for some gun crimes, such as possession of a firearm by a felon, that can be useful to lock away violent offenders, prosecutors said.
An amendment to the Gun Control Act of 1968 prohibits people who are convicted of a felony or have a domestic-violence protective order “from possessing a firearm,” but that law would be “null and void” if SB298 becomes law.
The Arkansas Prosecuting Attorneys Association sent a letter to state lawmakers Friday urging them not to override the governor’s veto because “the effect of the bill would be to empower criminals and undermine law enforcement efforts to keep Arkansans safe.”
If SB298 were enacted, then local and state law enforcement officers who cooperate with federal gun-law investigations in Arkansas would be subject to criminal and civil penalties. They could be fined up to $500 for each offense and subjected to monetary damages, according to SB298. Those penalties are removed in SB717.
The Senate voted 28-7 to approve SB298 on March 31. The House voted 76-18 to approve it on April 15.
In this year’s regular session, which started Jan. 11, the Legislature has twice before attempted to override a veto of Hutchinson’s.
One attempt in early April was successful, on House Bill 1570, which prohibits medical treatment of transgender minors. The override was Hutchinson’s first since becoming governor in 2015.
In late March, the House of Representatives declined to override Hutchinson’s veto of a bill that would have required the state to refund fines paid by businesses that violated covid-19 restrictions, after the Senate voted to override it.