Select Page

Oklahoma Committee Passes Bill to Prohibit Enforcement of Some Federal Gun Control

OKLAHOMA CITY, Okla. (March 3, 2020) – Last Friday, an Oklahoma House committee passed a bill that would prohibit enforcement of some federal gun control in the state, setting the stage to nullify it in practice and effect.

Rep. Justin Humphrey introduced House Bill 2901 (HB2901) on Feb. 3. The proposed law would prohibit any law enforcement officer from obeying or enforcing any direct or indirect order that “violates the Second Amendment of the Constitution of the United States, Article II, Section 26 of the Constitution of Oklahoma or the law enforcement oath of the law enforcement officer.

The legislation specifies some actions that would be considered infringement under the law.

“Any federal, state, county or municipal act, law, executive order, administrative order, court order, rule or regulation ordering the confiscation of firearms, firearm accessories or ammunition from law-abiding citizens of this state shall be considered an infringement on the rights of citizens to keep and bear arms as guaranteed by the Second Amendment of the Constitution of the United States and Article II, Section 26 of the Constitution of Oklahoma.”

HB2901 would specifically prohibit state and local law enforcement officers from enforcing those specific acts and would give them the discretion to refuse to enforce other federal gun control laws that they consider an infringement of the Second Amendment or the Oklahoma constitution. The proposed law would prohibit any state agency or department from firing or retaliating against a law enforcement agent who refuses to enforce an order that violates the U.S. or state constitutions or their oath of office. It would also bar the state from cutting funding to a sheriff’s office or municipal police force that takes such an action.

The House Public Safety Committee passed HB2901 by a vote of 11-1.

EFFECTIVE

The federal government relies heavily on state cooperation to implement and enforce almost all of its laws, regulations and acts – including gun control. By simply withdrawing this necessary cooperation, states and localities can nullify many federal actions in effect. As noted by the National Governors’ Association during the partial government shutdown of 2013, “states are partners with the federal government on most federal programs.”

Based on James Madison’s advice for states and individuals in Federalist #46, a “refusal to cooperate with officers of the Union” represents an extremely effective method to bring down federal gun control measures because most enforcement actions rely on help, support and leadership from state and local governments.

Fox News senior judicial analyst Judge Andrew Napolitano agreed. In a televised discussion on the issue, he noted that a single state taking this step would make federal gun laws “nearly impossible” to enforce.

“Partnerships don’t work too well when half the team quits,” said Michael Boldin of the Tenth Amendment Center. “By withdrawing all resources and participation in federal gun control, states and even local governments can help bring these unconstitutional acts to their much-needed end.”

Some gun-rights supporters have argued that such a measure is “unnecessary” because it addresses a nonexistent problem with a divided Congress and an NRA-backed president. Trump’s bump stock ban obliterates this fallacy. Furthermore, the Trump administration actually ramped up enforcement of federal gun laws in 2017 and again in 2018.

LEGAL BASIS

The state of Oklahoma can legally bar state agents from enforcing federal gun control. Refusal to cooperate with federal enforcement rests on a well-established legal principle known as the anti-commandeering doctrine.

Simply put, the federal government cannot force states to help implement or enforce any federal act or program. The anti-commandeering doctrine is based primarily on five Supreme Court cases dating back to 1842. Printz v. U.S. serves as the cornerstone.

“We held in New York that Congress cannot compel the States to enact or enforce a federal regulatory program. Today we hold that Congress cannot circumvent that prohibition by conscripting the States’ officers directly. The Federal Government may neither issue directives requiring the States to address particular problems, nor command the States’ officers, or those of their political subdivisions, to administer or enforce a federal regulatory program. It matters not whether policy making is involved, and no case by case weighing of the burdens or benefits is necessary; such commands are fundamentally incompatible with our constitutional system of dual sovereignty”

WHAT’S NEXT

HB2901 will now go to the full House for further consideration.


This post has been republished with permission from a publicly-available RSS feed found on Tenth Amendment Center. The views expressed by the original author(s) do not necessarily reflect the opinions or views of The Libertarian Hub, its owners or administrators. Any images included in the original article belong to and are the sole responsibility of the original author/website. The Libertarian Hub makes no claims of ownership of any imported photos/images and shall not be held liable for any unintended copyright infringement. Submit a DCMA takedown request.

-> Click Here to Read the Original Article <-

About The Author

Tenth Amendment Center

The Tenth Amendment Center works to preserve and protect Tenth Amendment freedoms through information and education. The center serves as a forum for the study and exploration of state and individual sovereignty issues, focusing primarily on the decentralization of federal government power. Visit https://tenthamendmentcenter.com/

Leave a reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Welcome

Bringing together a variety of news and information from some of today’s most important libertarian thought leaders. All feeds are checked and refreshed every hour and pages auto-refresh every 15 minutes. External images are deleted after 30 days.

Time since last refresh: 0 second

Publish Your Own Article

Follow The Libertarian Hub

 

Support Our Work

Support the Libertarian Hub by tipping with Bitcoin!

Weekly Newsletter

Newsletter Signup

Subscribe to our newsletter to receive a weekly email report of the top five most popular articles on the Libertarian Hub!

Weekly Newsletter SignupTop 5 Stories of the Week

Subscribe to our newsletter to receive a weekly email report of the top five most popular articles on the Libertarian Hub!