Arizona Senate Panel Approves Bill Aimed at Nullifying Federal Gun Laws

Categories: I'm Only a Bill
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By Joshuashearn via Wikimedia Commons


An Arizona bill aimed at nullifying federal gun laws passed its first test Monday, as it was approved by the Senate Judiciary Committee.

The "Arizona Second Amendment Preservation Act," introduced by Republican Senator Kelli Ward, would ban state agencies from enforcing federal gun laws or helping any federal agency enforce federal gun laws.

See also:
-Arizona Republicans Trying, Again, to Nullify Federal Gun Laws

So while the bill wouldn't actually prevent the feds from enforcing these laws, the Tenth Amendment Center -- the organization behind this legislation and similar bills in other states -- believes it would eventually result in the federal laws being nullified.

"We do believe this strategy would ultimately serve to nullify -- our definition: to render null, void or simply unenforceable -- federal firearms laws, especially if multiple states take the same action," Tenth Amendment Center spokesman Michael Maharrey tells us. "We base this belief on the fact that states are in the process of nullifying federal marijuana laws."

Maharrey says the legislation, Senate Bill 1294, relies on the "anti-commandeering doctrine."

"Simply put, the federal government cannot 'commandeer' or coerce states into implementing or enforcing federal acts or regulations - constitutional or not," he says.

Although the State of Kansas last year enacted similar legislation under a similar name, also supported by the Tenth Amendment Center, Maharrey says they're not the same:
The Arizona bill is not the same as the Kansas bill. While it is implied in the language, the Kansas bill did not explicitly forbid state cooperation with federal enforcement. Without explicit prohibition, you are not going to see much change. That is why we have been encouraging Kansas localities to make the prohibition explicit and have said additional steps are needed in Kansas. Furthermore, the Kansas bill included criminal penalties against federal agents enforcing federal laws on guns made and remaining within the state borders. The Arizona bill has no such provision.
Although Senator Steve Gallardo, a Democrat, asked Senator Ward a couple of questions about the bill, there wasn't any real meaningful discussion of the bill in the committee hearing, as it passed with the panel's six Republican members in favor, and the three Democrats opposed.

After the vote, Gallardo quipped, "We vote on anything in this committee, don't we?"

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Follow Matthew Hendley on Twitter at @MatthewHendley.



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151 comments
reikiology
reikiology

Gallardo needs to go. Anti 2nd Amendment is Anti- American. Period!

zinkwriter
zinkwriter

Another case of the #RWNJ political opportunists preaching to the cretins in their base. 

Felicia Salazar
Felicia Salazar

"Arizona- we're trying reaaaaallly hard to be Florida."

David Ross
David Ross

Well this has certainly worked in other states...no wait it ended up with the civil war...

Craig Murphy
Craig Murphy

Ahh but hey use the same argument to fight medical MJ laws in AZ. Guns but not medicine should be exempt from fed oversight. ... Quite a paradox.

Jerry Guevin
Jerry Guevin

Arizona legislators never cease to amaze me with their stupidity.

Reggievv
Reggievv

Kelli Ward, are you a complete fool, or just a tool of lunatics?. Go back to West Virginia and, please drink the water.

Joe Kennedy
Joe Kennedy

Maybe she did, but that was before Mexicans took over the shit jobs African Americans were forced to do. Americans now will have nothing to do with those jobs unless they are just coming out of a drug rehab program or just out of a box after being homeless.

dennis20
dennis20 topcommenter

Stupid Tea Party.  

Michael Swann
Michael Swann

Bah my mom did it. I was a janitor for 3 years. Your argument is invalid

Joe Kennedy
Joe Kennedy

Collette, The people didn't vote on this. The Braindead Arizona legislation did. We don't know if the majority of the public would pass this or not.

Ruth Cluck
Ruth Cluck

Like I said you know nothing about me.Don't try to pretend that you do.The fact is all these issues affect the entire Country not just your state! The fact is you like to try to get your point across by talking down to people.Pompous Ass!!!

Joe Kennedy
Joe Kennedy

I'm sure you don't. I'm sure you don't watch FOX News either. You're not a Tea Bagger either. I'm sure you are a level headed person to the point your level head never rises to see fact.

Ruth Cluck
Ruth Cluck

Funny I don't watch or listen to either one of those air bags so piss off!!!

Joe Kennedy
Joe Kennedy

Anyone else notice how these out of state ass clown trolls seem to think they matter? What's funny is they have no say on what happens in our state other than a post on a fb page.

Ruth Cluck
Ruth Cluck

Sure it is and I have a bridge for sale if you want to buy that too.

Ruth Cluck
Ruth Cluck

Don't pretend you know me or anything about me! Because if you did you would know that I won't be bullied by a pompous ass!!!

Ruth Cluck
Ruth Cluck

Wow and I thought this was a discussion about our rights to have guns.

Joe Kennedy
Joe Kennedy

When was the last time you went into a hotel room and cleaned up someone else's cum? That's the jobs they are taking. The ones Americans don't want. I guess you're willing to take that job.

Joe Kennedy
Joe Kennedy

Ah yes the division of this country is strong. And yet no one can see what is happening right in front of their bulbous noses.

Ruth Cluck
Ruth Cluck

Actually No.You must be an Obama supporter.I am a firm believer that US borders need to locked down!!! They need to go through proper channels just like everyone else.We go through background chechs and take safety classes for our right to have guns yet they are swarming like flies.Illegals are a major problem in this country.

robert_graham
robert_graham

You cannot nullify federal law. The right to "bear arms" does not mean all arms

DonkeyHotay
DonkeyHotay topcommenter

... Stand Your Desert Racist Wasteland !!


Skepticles
Skepticles

"Ahh but hey use the same argument to fight medical MJ laws in AZ. Guns but not medicine should be exempt from fed oversight. ... Quite a paradox."

Provided weed is proscribed as a controlled drug, AND NOT RECREATIONALLY USED AS AN INTOXICANT, no paradox! After all, access to, possession and consumption of weed is not an inheirent right. Self-defense, and the tools for such action, is. Maybe the Second Amendment isn't as important to you as weed is?

danzigsdaddy
danzigsdaddy topcommenter

@robert_graham  "you cannot nullify federal law"....................then why are you trying to say Arpaio doesnt have to obey what a federal judge ruled on? the judge is laying down federal law bub

valleynative
valleynative topcommenter

@robert_graham  

You absolutely can nullify federal law if it violates the Constitution.

The right to bear arms, as of the time it was written, meant the right to be armed as a soldier, in order to protect your State from foreign invasion and the abuse of power by the federal government.

zinkwriter
zinkwriter

@valleynative @robert_graham  No, you absolutely cannot “nullify a federal law" just because you think that law violates the Constitution (and in any case, “nullification” is neither a legally recognized nor actionable process, no matter how official it sounds). 


What you can do is file a suit and let the Supreme Court of the United States decide. But it’s not up to you, a municipality, or a state legislature. 

dennis20
dennis20 topcommenter

@valleynative @robert_graham  The feds have the ultimate authority. The Supreme Court already ruled that although you have the right to have a gun, the government has the right to regulated it.  This bill is just garbage designed to motivate dumbasses to show up at the polls to vote for idiots.

WhoKnows
WhoKnows topcommenter

@valleynative @robert_graham  VN - READ the militia act of 1792.  The 2nd was about protecting the US from foreign and domestic threats.  NOT to protect Against the Feds!  You flunked History 99, didn't you?

robert_graham
robert_graham

@valleynative Excuse me but the Constitution does not give you the right to bear ALL arms. Since when does it give you the right to own a rocket launcher or bazooka?

Skepticles
Skepticles

Same way he protects his automobile I reckon.

zinkwriter
zinkwriter

@valleynative @robert_graham  First of all, state legislation has nothing to do with the U.S. Congress; secondly, I somehow don’t think an exercise in stimulating judicial activism is what the bill’s proponents have in mind. 

DonkeyHotay
DonkeyHotay topcommenter

@dennis20 "This bill is just garbage designed to motivate dumbasses to show up at the polls to vote for idiots."


Paging ValleyNative ...

dennis20
dennis20 topcommenter

@valleynative @WhoKnows @robert_graham  They also had slaves at the time and women were consudered property.  


The letters and opinions aren't the same as the actual constitution or the laws.

WhoKnows
WhoKnows topcommenter

@valleynative @FreeTheWeed  The Militia act of 1792 was written by the same folks that wrote the 2nd amendment, and the act was signed by George Washington.  The Militia was then called up to put down the Whiskey Rebelion.


Too bad the folks that wrote and signed the militia act didn't understand the founding fathers - right VN?  Oh!  Wait!  That WAS the founding fathers!

valleynative
valleynative topcommenter

@FreeTheWeed  

Really, is this difficult to understand?

What we're talking about is here what the authors of the  law meant by the wording of the law.  That is often better found in the letters they wrote than in simply reading the laws, alone.

Don't call others "dipshit" when you can't understand simple concepts like that.

 

DonkeyHotay
DonkeyHotay topcommenter

@valleynative "Read the writings of the founders.  The letters they wrote back and forth to each other are much more enlightening than what they enacted. "


LOL! ... and you should hear what their wives, mistresses, handmaidens and concubine slaves had to say !!


Oh snap!

FreeTheWeed
FreeTheWeed

The "letters" aren't law of the land, dipshit.

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