search
Sections List
American Journal News

GOP lawmakers want to make federal gun laws invalid in their states

‘What is likely to happen if gun laws are not followed is people get killed as a result,’ said a senior counsel with the Giffords Law Center to Prevent Gun Violence.

By Associated Press - March 07, 2021
Share
Cory Maloy
**HOLD AND MOVE THURSDAY, MARCH 4, 2021**(AP Photo/Rick Bowmer)

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.

That can create confusion for officers who often work with federal law enforcement, said Daniel Isom, a former chief of the St. Louis Police Department who is now a senior adviser to Everytown for Gun Safety. Federal law plays a big role in some areas, such as keeping guns away from domestic violence offenders.

Putting local officers in a position to decide which laws to enforce is the last thing police need at a time when cities such as St. Louis are experiencing a rise in violent crime, Isom said.

“This has been an extremely challenging year for both communities and law enforcement, and to ask any more mental strain on officers at this point in time seems to be quite displaced,” he said. Gun sales also have set monthly records nationwide since the coronavirus pandemic took hold.

Isom is concerned about a Missouri measure passed by the state House that would allow police departments with officers who enforce federal gun laws to be sued and face a $50,000 fine. It’s not the first time Missouri has considered such a bill, but supporters pointed to President Joe Biden taking office as a reason to pass it now.

In Utah, Republican state Rep. Cory Maloy also referenced the Biden administration after 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.

Several states passed similar laws under then-president Barack Obama, although judges have ruled against them in court. Most of the latest crop of federal nullification proposals focus on police officers inside their states who primarily enforce state rather than federal laws.

While Biden has called for a ban on assault weapons, any new gun legislation will likely face an uphill climb given the political polarization that has tripped up past administrations. Democratic lawmakers from conservative-leaning states also could join Republicans in opposing new gun restrictions. Any measures likely to pass would have broad support, like background checks on all gun sales, said Everytown president John Feinblatt.

Those dynamics haven’t stopped state lawmakers who want to make the first move to protect gun rights in their states. 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, but its sponsor, Republican Rep. Leo Biasiucci, said it would be a clear rejection of federal restrictions on assault-style weapons, high-capacity magazines, or other firearms.

“They can do that at a federal level, but in Arizona it’s not going to fly,” he said.

His proposal passed the state House last week over the objections of Democrats such as Rep. Daniel Hernandez of Tucson, who was present at the 2011 shooting that severely injured former U.S. Rep. Gabby Giffords. If signed into law, the measure would be unconstitutional and lead to an expensive court fight, he said.

Biasiucci compares his plan to Arizona voters’ move to legalize recreational marijuana even though it remains against federal law. Gun-control groups see it differently.

“Guns kill people and are used to create a public safety issue, whereas marijuana is really not,” said Allison Anderman, senior counsel with the Giffords Law Center to Prevent Gun Violence. “What is likely to happen if gun laws are not followed is people get killed as a result.”

Similar measures passed by the Republican-controlled Legislature in Montana were vetoed in previous years by the former Democratic governor. Now working with a Republican governor, the state House passed a bill last week to bar state officials from enforcing federal bans on certain firearms, ammunition, or magazines.

Under Obama’s presidency, the Legislature passed a law in 2009 that made guns and ammunition manufactured in Montana exempt from federal law. It eventually was struck down in court, but several states still followed with their own nullification measures. In 2013, two Kansas men tried to use that state’s nullification law to overturn their federal convictions for possessing unregistered firearms, but the challenge was rejected.

“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.


Read More
New NC GOP chair flirts with bogus stolen election conspiracies

New NC GOP chair flirts with bogus stolen election conspiracies

By Jesse Valentine - April 19, 2024
Texas activists pushed abortion restrictions in NM cities and counties, records show

Texas activists pushed abortion restrictions in NM cities and counties, records show

By Austin Fisher, Source NM - March 04, 2024
Cannabis workers across Missouri begin push to unionize dispensaries 

Cannabis workers across Missouri begin push to unionize dispensaries 

By Rebecca Rivas - December 04, 2023
Curtis Hertel Jr. places public service over politics in Michigan congressional run

Curtis Hertel Jr. places public service over politics in Michigan congressional run

By Alyssa Burr - October 20, 2023
Republican Virginia Senate candidate Danny Diggs has ties to hate groups and extremists

Republican Virginia Senate candidate Danny Diggs has ties to hate groups and extremists

By Josh Israel - October 20, 2023
Demands grow for Wisconsin Supreme Court to redraw the state’s legislative maps

Demands grow for Wisconsin Supreme Court to redraw the state’s legislative maps

By Rebekah Sager - October 19, 2023
AJ News
Latest
Ted Cruz leverages Trump conviction on podcast for own personal gain

Ted Cruz leverages Trump conviction on podcast for own personal gain

By Jesse Valentine - June 11, 2024
Arizona Republican Kari Lake proposes massive cuts to Medicaid and Medicare

Arizona Republican Kari Lake proposes massive cuts to Medicaid and Medicare

By Jesse Valentine - June 10, 2024
Virginia U.S. Senate candidate Hung Cao says workplace diversity is ‘Marxism’

Virginia U.S. Senate candidate Hung Cao says workplace diversity is ‘Marxism’

By Jesse Valentine - June 06, 2024
Republican Bernie Moreno’s rags-to-riches story exposed as a lie

Republican Bernie Moreno’s rags-to-riches story exposed as a lie

By Jesse Valentine - May 24, 2024
What happens to clinics after a state bans abortion? They fight to survive.

What happens to clinics after a state bans abortion? They fight to survive.

By Chabeli Carrazana and Shefali Luthra - May 22, 2024
Former Sen. Kelly Ayotte took job at Caterpillar after tax fraud probe

Former Sen. Kelly Ayotte took job at Caterpillar after tax fraud probe

By Jesse Valentine - May 21, 2024
Alabama OB-GYN residencies dropped over 20% after Dobbs, state abortion ban, says analysis

Alabama OB-GYN residencies dropped over 20% after Dobbs, state abortion ban, says analysis

By Alander Rocha, Alabama Reflector - May 21, 2024
House GOP celebrates National Police Week while pushing to defund local law enforcement

House GOP celebrates National Police Week while pushing to defund local law enforcement

By Jesse Valentine - May 16, 2024
Evolution denier Mark Robinson could reshape North Carolina’s education system

Evolution denier Mark Robinson could reshape North Carolina’s education system

By Jesse Valentine - May 16, 2024
Republican Jay Ashcroft backs anti-abortion clinics that push lies and disinformation

Republican Jay Ashcroft backs anti-abortion clinics that push lies and disinformation

By Jesse Valentine - May 14, 2024
Republican Sam Brown’s assault on teacher unions could backfire

Republican Sam Brown’s assault on teacher unions could backfire

By Jesse Valentine - May 09, 2024
Florida abortion ban puts GOP Rep. Anna Paulina Luna’s anti-choice views in spotlight

Florida abortion ban puts GOP Rep. Anna Paulina Luna’s anti-choice views in spotlight

By Jesse Valentine - May 07, 2024
Trump leaves door open to banning medication abortion nationwide

Trump leaves door open to banning medication abortion nationwide

By Jennifer Shutt, States Newsroom - April 30, 2024
Republican Caroleene Dobson wants Alabama abortion ban to go nationwide

Republican Caroleene Dobson wants Alabama abortion ban to go nationwide

By Jesse Valentine - April 30, 2024
Ohio Gov. DeWine said he didn’t know of millions in FirstEnergy support. Is it plausible?

Ohio Gov. DeWine said he didn’t know of millions in FirstEnergy support. Is it plausible?

By Marty Schladen, Ohio Capital Journal - April 29, 2024
GOP Rep. Zach Nunn suggests laws against hate crime aren’t needed

GOP Rep. Zach Nunn suggests laws against hate crime aren’t needed

By Jesse Valentine - April 15, 2024
GOP Senate candidate Hung Cao blames racial equity for Baltimore bridge tragedy

GOP Senate candidate Hung Cao blames racial equity for Baltimore bridge tragedy

By Jesse Valentine - March 29, 2024
GOP Rep. Jennifer Kiggans donates thousands to far-right extremists

GOP Rep. Jennifer Kiggans donates thousands to far-right extremists

By Jesse Valentine - March 08, 2024
Ohio senate candidate Bernie Moreno: “Absolute pro-life no exceptions.”

Ohio senate candidate Bernie Moreno: “Absolute pro-life no exceptions.”

By Jesse Valentine - March 07, 2024
Anti-China Republicans pocket thousands from Chinese owned conglomerate

Anti-China Republicans pocket thousands from Chinese owned conglomerate

By Jesse Valentine - March 04, 2024
Republican Eric Hovde makes inconsistent statements about family history

Republican Eric Hovde makes inconsistent statements about family history

By Jesse Valentine - February 26, 2024
Republican David McCormick invests millions in website that platforms Holocaust denial

Republican David McCormick invests millions in website that platforms Holocaust denial

By Jesse Valentine - February 09, 2024
Lawmakers will again take up bills expanding, tightening gun laws

Lawmakers will again take up bills expanding, tightening gun laws

By Annmarie Timmins, New Hampshire Bulletin - January 31, 2024
UAW delivers rousing presidential endorsement for Biden over ‘scab’ Trump

UAW delivers rousing presidential endorsement for Biden over ‘scab’ Trump

By Ashley Murray, States Newsroom - January 24, 2024
Republicans Sam Brown and Jeff Gunter sling mud in Nevada senate primary

Republicans Sam Brown and Jeff Gunter sling mud in Nevada senate primary

By Jesse Valentine - January 17, 2024
A Young Texas Woman Almost Died Due To The Texas Abortion Bans – Now She’s Battling To Save Other Women

A Young Texas Woman Almost Died Due To The Texas Abortion Bans – Now She’s Battling To Save Other Women

By Bonnie Fuller - January 10, 2024
Health care legislation preview: Maryland advocates want to focus on access, patients in 2024 session

Health care legislation preview: Maryland advocates want to focus on access, patients in 2024 session

By Danielle J. Brown, Maryland Matters - January 08, 2024
How GOP senate hopefuls try to excuse the  January 6 insurrection

How GOP senate hopefuls try to excuse the  January 6 insurrection

By Jesse Valentine - January 05, 2024
NH lawmakers will be taking up major voting bills this year. Here are some to watch for.

NH lawmakers will be taking up major voting bills this year. Here are some to watch for.

By Ethan DeWitt, New Hampshire Bulletin - January 04, 2024
Republican US Senate candidates want to make Trump’s tax cuts permanent 

Republican US Senate candidates want to make Trump’s tax cuts permanent 

By Jesse Valentine - December 22, 2023
Rand Paul went all in on the Kentucky governor’s race. It didn’t work.

Rand Paul went all in on the Kentucky governor’s race. It didn’t work.

By - December 15, 2023
Texas governor and attorney general do little to curb state’s chemical plant crisis

Texas governor and attorney general do little to curb state’s chemical plant crisis

By Jesse Valentine - December 08, 2023
Likely GOP Senate candidate Eric Hovde proposed tax hike for poorer workers and retirees

Likely GOP Senate candidate Eric Hovde proposed tax hike for poorer workers and retirees

By Jesse Valentine - December 07, 2023
Whitmer signs specific criminal penalties for assaulting health care workers into law

Whitmer signs specific criminal penalties for assaulting health care workers into law

By Anna Liz Nichols, Michigan Advance - December 06, 2023
105 Republicans voted to expel Santos for things Trump has also done

105 Republicans voted to expel Santos for things Trump has also done

By Jesse Valentine - December 05, 2023
For Texas Sen. Ted Cruz, another Trump term is another chance to kill Obamacare

For Texas Sen. Ted Cruz, another Trump term is another chance to kill Obamacare

By Jesse Valentine - December 04, 2023
Florida Sen. Rick Scott backs Donald Trump in revived push to repeal Obamacare

Florida Sen. Rick Scott backs Donald Trump in revived push to repeal Obamacare

By Jesse Valentine - November 30, 2023
Tate Reeves took donations from power company that hiked customer rates

Tate Reeves took donations from power company that hiked customer rates

By Jesse Valentine - November 06, 2023
Daniel Cameron ran on depoliticizing the Kentucky AG’s office. He made it more political.

Daniel Cameron ran on depoliticizing the Kentucky AG’s office. He made it more political.

By Jesse Valentine - November 03, 2023
Republican operatives sound every alarm on current trajectory of 2023 governor’s race

Republican operatives sound every alarm on current trajectory of 2023 governor’s race

By Adam Ganucheau, Mississippi Today - October 24, 2023
Emergency care for pregnant women at stake in Supreme Court case, Missouri doctor warns

Emergency care for pregnant women at stake in Supreme Court case, Missouri doctor warns

By Anna Spoerre, Missouri Independent - June 18, 2024
In Grand Rapids, DeVos declines to say whether she’ll endorse Trump

In Grand Rapids, DeVos declines to say whether she’ll endorse Trump

By Kyle Davidson, Michigan Advance - June 18, 2024
Michigan Republican Mike Rogers worked for organization that threatened privacy rights

Michigan Republican Mike Rogers worked for organization that threatened privacy rights

By Jesse Valentine - June 18, 2024
Nevada Republican Sam Brown has ties to extremist who compared abortion to slavery

Nevada Republican Sam Brown has ties to extremist who compared abortion to slavery

By Jesse Valentine - June 18, 2024
U.S. Supreme Court overturns ban on bump stocks used in Las Vegas mass shooting

U.S. Supreme Court overturns ban on bump stocks used in Las Vegas mass shooting

By Ariana Figueroa, Pennsylvania Capital Star - June 14, 2024
As a Texas city debates an abortion “travel ban,” maternal care is scarce in nearby rural counties

As a Texas city debates an abortion “travel ban,” maternal care is scarce in nearby rural counties

By Jayme Lozano Carver, The Texas Tribune - June 14, 2024