The recently-introduced Second Amendment Sanctuary Act isn’t all that novel, and may need different enforcement mechanisms if it’s to succeed. This, according to Tennessee Firearms Association Executive Director John Harris. In interviews with The Tennessee Star, Harris and State Representative Scotty Campbell (R-Mountain City) discussed the merits and shortcomings of Campbell’s latest gun rights bill.
Harris predicted that this legislation would fail to fix the original problem presented in a nearly-identical bill signed into law in 2015. He added that another similar bill, the Firearms Freedom Act – made law in 2009 in response to President Barack Obama taking office – affords a similar defense against federal government actions, though he noted that enforcement of those two laws hasn’t occurred.
“This is a Tenth Amendment issue as much as a Second Amendment issue. They just sort of withered under the Obama Administration. In their flurry to pass [these laws], states didn’t do much about putting enforcement mechanisms in them,” stated Harris.
Harris suggested that the legislation take a different direction entirely by flat-out refusing to adjudicate the constitutionality of federal government orders, regulations, or laws concerning the Second Amendment. Instead, he argued that legislative focus should only be on making the federal government enforce its own laws through its own means. Harris referenced a U.S. Supreme Court case from the late 1990s, Printz v. United States, which established the precedent that the federal government can’t coerce states to implement regulatory programs.
“[The act is] just a restatement of previous bills,” stated Harris. “Conceptually, what they ought to be doing is taking the ‘none of the federal laws will be enforced with any state laws’ period.” read more
How ’bout, “Touch our firearms, and we’ll cut your balls off!” 🤔
THAT would be a pretty clear statement, I would think.
“Oppressors can tyrannize only when they achieve a standing army, an enslaved press, and a disarmed populace.”
James Madison
Standing Army, check,
Enslaved press, double check.
Disarmed populace, not yet.
Our essential freedoms are under constant attack; free speech, religious liberty, due process, fundamental rights of assembly all being abridged right before our eyes. The sanctity of the second amendment, this is the line in the sand that must not be breached.
It’s a start.
Kansas passed a 2nd Amendment protection law in 2013 but these things always come down to the conclusion of a test case to know whether it has teeth or not.
Get rid of the meth heads and Tennesseans would have more teeth.
Other than just not using State laws to enforce Federal laws, does this do anything to protect their citizens from prosecution for ignoring Federal laws?
If not, I don’t see it as giving much in the way of sanctuary since it will not do anything like, say, having all semiautomatic firearms declared machineguns under the existing NFA (the way Trump did with bump stocks) and banning everything over 5 round mags with severe penalties for anyone in possession of one.
All I see is more serious enforcement, severe penalties and enforcing agencies coming from the Feds without any significant relief or protection from the State.
They will just use red flag laws to declare gun owners mentally unfit and take them anyway.
^^^ Already been done. California is a sanctuary for the mentally unfit.
“All I see is more serious enforcement, severe penalties and enforcing agencies coming from the Feds without any significant relief”
Sheriffs are the top law enforcement authority for their counties or districts. Meaning they can ban Federal or State level LE from enforcing those laws in their jurisdiction. Our Sheriff has done that twice. Successfully.
@Rich Taylor
As former LE what do we do if it is breached?
Brad, define “breached”.
For me (maybe not for others) breached means making it illegal to own firearms, period. I’m not talking about gun control laws or even the myriad hoops that need to me jumped through, although these are mostly unconstitutional and annoying as hell, but the clear cut no wiggle room outlawing of guns.
I try to stay out of most of these threads because many times I see knee jerk bravado and chest thumping in place of honest sincere reflection. I have been shot at and have killed in the line of duty, I have seen first hand how awful armed conflict can be, both in the military and in LE.
This is an area that I self calibrate continually because I see whats coming, and it worry’s the hell out of me.
Rich
Let’s use the word infringed. Also I share your sentiments on the “Kill them all, let God sort them out” crowd. They’re not serious people. At the end of the day nobodies going to willingly commit suicide.
I see a huge road block in any attempt to get organized. Mainly the FBI. You get three of for gun guys together and the FBI seems to know about it and immediately brand that group as a for right fringe Militia. I could go on about this but my interests are a solution. And I don’t see one.
“Sheriffs are the top law enforcement authority for their counties or districts.”
A myth, when the Feds show up they have to let them in to do what they are intending to do.
Don’t fall for political mythology, it can get you in jail or even dead if you do.
Anonymous
Bull shit. Seen it happen twice.
The first time our Sheriff suspended the US Forest Services LE from our county do to them confiscating legal guns.
https://calfire.blogspot.com/2013/06/el-dorado-county-sheriff-suspends-us.html
Not a myth.
Brad
Seen people go to jail for thinking that sort of thing too?
Well, I have.
But show the laws, legal precedents, and rulings if you will or can, and I’ll change my mind accordingly.
Just have the Sherriff deputize the whole county’s citizens.
Anonymous
You’re way off track here. The Feds, or states, beef would be with the Sheriff not me or any other resident of the county. I’m not going to resist against an armed authority. I’ll call the Sheriff.
Same Sheriff banned CalDoj out of the county because they were virtually trying to ban all ammo sales. He parked a patrol car in front of every Gun store. They stayed out.
https://calfire.blogspot.com/2013/06/el-dorado-county-sheriff-suspends-us.html
FWIW, the first sentence says “El Dorado County: Sheriff Suspends U.S. Forest Service Authority To Enforce State Laws After Citizen Complaints”
State law, not Federal law. They still had the full authority to enforce Federal law and should never have been enforcing State law in the first place unless the Sheriff gave it to them in the first place.
State laws are not in question here, the ability of the ATF and other Federal agencies to enforce Federal law is what is being discussed.
:Just have the Sherriff deputize the whole county’s citizens.”
Funny you should say that because when the issue you a carry permit they mention if you’re willing you could be deputized. When BLM was visiting here weekly he did deputize some people. However I think they had had some previous LE experience.
Gee whiz Brad, why are you wasting time with some Chinaman who’s seen people get arrested for thinking wrong thoughts.
If you wanna’ Arizona, just tell this bat chomper GOOD LUCK WITH THAT.
And sign it ‘Sincerely Arizona’
It’s my opinion they mentioned “State Laws” because in this particular instance that’s what the were trying to enforce. From what I’ve read the outcome would have been the same if it was a Fed law they were trying to enforce.
Most Likely Burr
I’d move tomorrow if I could. It’s going to take a couple months.
Well, apply at the Ruger plant. They’re always hiring. It’s in the Ruger district out by the airport. On Ruger Rd.
Also, the gunsite academy up in Paulden. That’s on Gunsite rd.
Or, train the kids taking security at Embry Riddle.
Also, sign up for the Civil Air patrol…..over by Ruger near the airport…. lots of fun spotting illegals on your days off.
Tons of stuff to do while thumbing yer’ nose af FedGov.
Burr
I’m self employed. I think I need to move the biz first. We’ll be out there in a couple we looking at commercial space.
You’re killing off another tax payin’ California business?
Wow. This is so cool. Take your employees with you. Hell, yank the copper wiring out of the building before you leave.