GOP state legislators aim to sap 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.
A Missouri measure passed by the state House would allow police departments with officers who enforce federal gun laws to be sued and face a $50,000 fine.
In Utah, the state House passed his bill with a similar provision forbidding the enforcement of federal gun laws. Many Republican state lawmakers see attempts to pass federal firearms restrictions as a threat to the Second Amendment.
“We really feel the need to protect those rights,” he said.
While President Joe Biden has called for a ban on assault weapons, any new gun legislation will likely face an uphill climb given the political polarization.
Federal nullification bills have been introduced in more than a dozen other states, including Alabama, Arkansas, Nebraska, Oklahoma, South Carolina, Tennessee, Wyoming, New Hampshire, North Dakota, South Dakota, West Virginia and Iowa. In Texas, the governor has called for the state to become a Second Amendment sanctuary.
In Arizona, a Senate proposal that passed the chamber on 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.
“The main issue there is the Supremacy Clause,” the part of the Constitution that says federal law supersedes state law, said Jacob Charles, executive director of the Center for Firearms Law at Duke Law School. Even so, the bills focused on what local police can and can’t do could pass legal muster.
“States have no obligation to enforce federal law,” he said.