GOP state lawmakers seek to nullify federal gun limits
SALT LAKE CITY — With Democrats controlling the presidency and Congress, Republican state lawmakers concerned about the possibility of new federal gun control laws aren’t waiting to react.
Legislation in at least a dozen states seeks to nullify any new restrictions, such as ammunition limits or a ban on certain types of weapons. Some bills would make it a crime for local police officers to enforce federal gun laws.
That can create confusion for officers who often work with federal law enforcement, said Daniel Isom, a former chief of the St. Louis Police Department who is now a senior adviser for Everytown for Gun Safety, a nonprofit organization. Federal law plays a big role in some areas, such as keeping guns away from domestic violence offenders.
“This has been an extremely challenging year for both communities and law enforcement, and to ask any more mental strain on officers at this point in time seems to be quite displaced,” he said. Gun sales also have set monthly records nationwide since the coronavirus pandemic took hold.
Isom is concerned about a Missouri bill passed by the state House that would allow police departments with officers who enforce federal gun laws to be sued and face a $50,000 fine. It’s not the first time Missouri has considered such a bill, but supporters pointed to President Joe Biden taking office as a reason to pass it now.
Several states passed similar laws under then-President Barack Obama, although judges have ruled against them in court.
Most of the latest crop of federal nullification proposals focus on police officers in states who primarily enforce state rather than federal laws.
While Biden has called for a ban on assault weapons, any new gun legislation will likely face an uphill climb given the political polarization that has tripped up past administrations. Democratic lawmakers from conservative-leaning states also could join Republicans in opposing new gun restrictions. Any measures likely to pass would have broad support, like background checks on gun sales, said Everytown President John Feinblatt.
Those dynamics haven’t stopped lawmakers who want to make the first move to protect gun rights in their states. Federal nullification bills have been introduced in over a dozen other states, including Alabama, Arkansas, Iowa, Nebraska, New Hampshire, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, West Virginia and Wyoming. In Texas, Gov. Greg Abbott has called for the state to become a Second Amendment sanctuary.
In Arizona, a Senate proposal that passed the chamber Wednesday would allow officers to be sued for enforcing federal gun restrictions that the state considers violations of the Second Amendment. They potentially could face criminal charges. A bill in the House doesn’t include those punishments, but its sponsor, GOP Rep. Leo Biasiucci, said it would be a rejection of federal restrictions on assault-style weapons, high-capacity magazines or other firearms.
“They can do that at a federal level, but in Arizona it’s not going to fly,” he said.