Not solving problems

This session, Arkansas legislators are more concerned with creating problems than solving them, such as two bills that nullify federal gun regulations in the state, setting us up for potentially expensive litigation and constitutional conflict. SB59, the “Intrastate Firearms Protection Act,” and SB298 (with its companion bill in the House, HB1435), the “Arkansas Sovereignty Act of 2021,” are overlapping Second Amendment protection bills that punish local and state law enforcement for assisting federal prosecutors in investigations related to federal gun regulations. The problem is these bills are misnomers. They don’t actually “protect” Arkansans from federal prosecution under federal law.

In 2013, Kansas passed a “Second Amendment protection act” nearly identical to SB298. However, two individuals who thought they were protected under the statute still faced criminal charges for violating federal gun laws. When taken to court in United States v. Cox, the accused individuals lost, and Kansas’ Second Amendment protection act was deemed unconstitutional under the Supremacy Clause of the U.S. Constitution. As such, SB298 and SB59 are already losing bets for Arkansas, and losing bets for any gun-owning Arkansan who thinks they are protected by them.

Consequently, the problems this legislation raise are clearer than the problems it solves. Many legislators justify their efforts by declaring the General Assembly has the duty to check the executive branch and federal government. Indeed, they have taken it as their personal obligation over their duty to the citizens of Arkansas. While necessarily within their power and in light of other regressive legislation that has garnered bad national press, it must be debated whether or not their show of force is productive or problem-oriented. I believe it is neither.

MAXIM APPLEGATE Conway