Bill to prohibit enforcement of federal firearms laws written by outsider group of 'nullifier kooks'
A bill sponsored by state Rep. JR Hoell that would prohibit the state from enforcing federal firearms legislation was written by an outside group that advocates “nullification” of federal laws it considers unconstitutional.
House Bill 685 would prohibit the state, counties, cities and towns, school districts and special districts from enforcing any federal law related to a firearm, firearm accessory, or ammunition. Violators would be fined up to $3000 for the first offense and would be guilty of a class A misdemeanor for subsequent offenses.
The proposed legislation is virtually identical to model legislation from ShallNot.org, a project of Tenth Amendment Center (see comparison below). The model legislation, titled “the 2nd Amendment Preservation Act,” is a key component of the group’s State-Level Plan to Nullify Federal Gun Control:
Want to stop federal gun control but don’t know where to start? Interested in solutions from the founding fathers? Looking for model legislation to get things done? The new ShallNot handbook for legislators and grassroots activists is the tool you need to protect the 2nd Amendment from federal abuse.
Southern Poverty Law Center notes Tenth Amendment Center “has gained wide support among hard-line libertarians and neo-Confederates who are still angry at the powers the federal government accumulated after the Civil War that allowed it, among other things, to act against segregation, discrimination and other social ills.”
Even observers on the far right consider the organization extreme. Conservative talk show host Mark Levin blasted Tenth Amendment Center writing, “the nullifier kooks are neo-confederates wasting a lot of our time & diverting our focus; they’re a small, fringe group.”
Louie Johnston, founder of American Constitution Center (“Christian Patriots put God first!”), describes Tenth Amendment Center as “a nice looking website filled with inflammatory emotion that causes misguided, misinformed, good hearted Patriots to shout ’The South will rise again’ and send TAC money to ‘further the war effort’ that was settled in centuries past.”
An excerpt from Tenth Amendment Center model legislation:
SECTION 3. PROHIBITIONS
A. Other than compliance with an order of the court, notwithstanding any law, regulation, rule or order to the contrary, no agency of this state, political subdivision of this state, or employee of anagency or political subdivision of this state acting in his or her official capacity shall:
(1) Knowingly and willingly participate in any way in the enforcement of any federal act, law, order, rule, or regulation issued, enacted or promulgated on or after the effective date of this act regarding a personal firearm, firearm accessory, or ammunition.
(2) Utilize any assets, state funds, or funds allocated by the state to local entities on or after the effective date of this act, in whole or in part, to engage in any activity that aids a federal agency, federal agent, or corporation providing services to the federal government in the enforcement or any investigation pursuant to the enforcement of any federal act, law, order, rule, or regulation issued, enacted or promulgated on or after the effective date of this act regarding a personal firearm, firearm accessory, or ammunition.
An excerpt from House Bill 685:
159:27 Firearms; Enforcement Prohibitions.
I. Except as provided in paragraph II of this section, no state agency, political subdivision, or employee of a state agency or political subdivision acting in his or her official capacity shall:
(a) Knowingly participate in the enforcement of any federal act, law, order, rule, or regulation issued, enacted, or promulgated on or after the effective date of this section regarding a firearm, firearm accessory, or ammunition; or
(b) Utilize any assets, state funds, or funds allocated by the state to local entities on or after the effective date of this section, in whole or in part, to engage in any activity that aids a federal agency, federal agent, or corporation providing services to the federal government in the enforcement or any investigation pursuant to the enforcement of any federal act, law, order, rule, or regulation issued, enacted or promulgated on or after the effective date of this section regarding a firearm, firearm accessory, or ammunition.
II. This section shall not apply to a state agency, political subdivision, or employee of a state agency or political subdivision acting pursuant to a court order.