This legislative package is a state-level response to constitutional violations of the 2nd Amendment by the federal government. Activists, we encourage you to send this to your state senators and representatives – and ask them to introduce this legislation in your state.
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Scroll down to see local legislation that can be used in your county, city or town.
*******STATE 2ND AMENDMENT PRESERVATION ACT v1.0*******
NOTE: The following is intended to act as a first step towards protecting and preserving the 2nd Amendment in your state, and is ready for introduction in most states of the country that have yet to take express action against federal violations of the 2nd Amendment. However, activists and lawmakers in Alaska, Kansas, Idaho and Missouri should contact Tenth Amendment Center Second Amendment campaign lead Scott Landreth for legislation specifically crafted for their state to expand on what has already been passed into law. Scott can be reached at firstname.lastname@example.org
Be It Enacted by the Legislature of the State of (STATE):
SECTION 1. SHORT TITLE.
This act shall be known and may be cited as the “(STATE) 2nd Amendment Preservation Act.”
SECTION 2. FINDINGS
The Legislature of the State of (STATE) finds:
(1) that the right to keep and bear arms is a fundamental individual right that shall not be infringed;
(2) that it is the intent of the Legislature in enacting this act to protect (STATE) employees, including law enforcement officers, from being directed, through federal executive orders, agency orders, statutes, laws, rules, or regulations enacted or promulgated on or after the effective date of this act, to violate their oath of office and individual rights affirmed under the 2nd Amendment to the Constitution for the United States and (SECTION AND ARTICLE) of the Constitution of the State of (STATE);
(3) that pursuant to and in furtherance of the principles of federalism enshrined in the Constitution of the United States, the federal government may not commandeer this State’s officers, agents, or employees to participate in the enforcement or facilitation of any federal program not expressly required by the Constitution of the United States;
(4) that this right to be free from the commandeering hand of the federal government has been most notably recognized by the United States Supreme Court in Printz v. United States when the Court held: ‘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; and
(5) that the anti-commandeering principles recognized by the U.S. Supreme Court in Printz v. United States are predicated upon the advice of James Madison, who in Federalist #46 advised “a refusal to cooperate with officers of the Union” in response to either unconstitutional federal measures or constitutional but unpopular federal measures.
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 an agency 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.
SECTION 4. PENALTIES
A. Any agent or employee of this state, or of any political subdivision of this state who knowingly violates the prohibitions in Section 3 of this act shall, on a first violation, be liable for a civil penalty not to exceed three thousand dollars ($3,000) which shall be paid into the general fund of the state, and on a second or subsequent violation shall be guilty of a misdemeanor.
B. A political subdivision of this state may not receive state grant funds if the political subdivision adopts a rule, order, ordinance, or policy under which the political subdivision violates Section 3 of this Act. State grant funds for the political subdivision shall be denied for the fiscal year following the year in which a final judicial determination in an action brought under this section is made that the political subdivision has intentionally required actions which violate the prohibitions in Section 3 of this Act.
SECTION 5. SEVERABILITY
The provisions of this act are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this act.
SECTION 6. EFFECTIVE DATE
This act takes effect upon approval by the Governor.
*******LOCAL 2ND AMENDMENT PRESERVATION ORDINANCE*******
NOTE: This model legislation is for introduction at the county, city and town level. If introducing at the city or town level, be sure to replace any references to the County or County Board of Commissioners with the appropriate locality and governing body. For example, “City” or “City Council”
AN Ordinance, which shall be known and may be cited as the “2nd Amendment Preservation Ordinance.” To prevent federal infringement on the right to keep and bear arms; nullifying all federal acts in violation of the 2nd Amendment to the Constitution of the United States.
THE BOARD OF COMMISSIONERS OF _______ COUNTY DO ENACT AS FOLLOWS:
SECTION 1: The _______ County Board of Commissioners finds that:
A. The 2nd Amendment to the Constitution of the United States reads as follows, “A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.”
B. All federal acts, laws, orders, rules or regulations regarding firearms, firearms accessories, and ammunition are a violation of the 2nd Amendment
SECTION 2: PROHIBITION ON FEDERAL INFRINGEMENT OF THE RIGHT TO KEEP AND BEAR ARMS
A. The _______ County Board of Commissioners declares that all federal acts, laws, orders, rules, regulations – past, present or future – in violation of the 2nd Amendment to the Constitution of the United States are not authorized by the Constitution of the United States and violate its true meaning and intent as given by the Founders and Ratifiers; and are hereby declared to be invalid in this county, shall not be recognized by this county, are specifically rejected by this county, and shall be considered null and void and of no effect in this county.
B. No agent, employee, or official of the (COUNTY CITY TOWN), or any corporation providing services to the (COUNTY CITY TOWN) shall provide material support or participate in any way with the implementation of federal acts, orders, rules, laws or regulations in violation of the 2nd Amendment to the United States Constitution.
SECTION 3. REQUESTED INVOLVEMENT OF NEIGHBORING COMMUNITIES
The (COUNTY CITY TOWN) of (NAME) calls upon others local jurisdictions within the State of (STATE) to join us in this action by passing a similar ordinance.
SECTION 4: URGING ACTION BY THE STATE GOVERNMENT
The (COUNTY CITY TOWN) of (NAME) requests that copies of this ordinance be immediately transmitted to each individual legislator that represents our district in the State government urging each to introduce similar legislation on a state-level during the next legislative session.
SECTION 5 EFFECTIVE DATE
A. This ordinance takes effect upon approval by the _______ County Board of Commissioners.