I knew there was a reason I liked Arizona. I mean other than the beauty of the desert and the awesomeness that is Gunsite. The Arizona Legislature is now considering a measure that would make it a felony for any public servant, FFL or federal agent to attempt to enforce any Federal firearms law on a gun manufactured within the Arizona borders that remains within those borders. Make the jump for the full text.
A. A PUBLIC SERVANT OR A FEDERALLY LICENSED DEALER WHO SELLS FIREARMS IN THIS STATE SHALL NOT ENFORCE OR ATTEMPT TO ENFORCE ANY ACT, LAW, STATUTE, RULE OR REGULATION OF THE UNITED STATES GOVERNMENT RELATING TO A PERSONAL FIREARM, A FIREARM ACCESSORY OR AMMUNITION THAT IS OWNED OR MANUFACTURED COMMERCIALLY OR PRIVATELY IN THIS STATE AND THAT REMAINS EXCLUSIVELY WITHIN THE BORDERS OF THIS STATE.
B. AN OFFICIAL, AGENT OR EMPLOYEE OF THE UNITED STATES GOVERNMENT SHALL NOT ENFORCE OR ATTEMPT TO ENFORCE ANY ACT, ORDER, LAW, STATUTE, RULE OR REGULATION OF THE UNITED STATES GOVERNMENT RELATING TO A PERSONAL FIREARM, A FIREARM ACCESSORY OR AMMUNITION THAT IS OWNED OR MANUFACTURED COMMERCIALLY OR PRIVATELY IN THIS STATE AND THAT REMAINS EXCLUSIVELY WITHIN THE BORDERS OF THIS STATE.
C. THE ATTORNEY GENERAL MAY DEFEND A CITIZEN OF THIS STATE WHO IS PROSECUTED BY THE UNITED STATES GOVERNMENT FOR VIOLATION OF A FEDERAL LAW RELATING TO THE MANUFACTURE, SALE, TRANSFER OR POSSESSION OF A FIREARM, A FIREARM ACCESSORY OR AMMUNITION THAT IS OWNED OR MANUFACTURED AND THAT IS RETAINED EXCLUSIVELY WITHIN THE BORDERS OF THIS STATE.
D. ANY FEDERAL LAW, RULE, REGULATION OR ORDER THAT IS EFFECTIVE ON OR AFTER JANUARY 1, 2013 IS UNENFORCEABLE WITHIN THE BORDERS OF THIS STATE IF THE LAW, RULE, REGULATION OR ORDER ATTEMPTS TO DO ANY OF THE FOLLOWING:
1. BAN OR RESTRICT OWNERSHIP OF A SEMIAUTOMATIC FIREARM OR ANY MAGAZINE OF A FIREARM.
2. REQUIRE ANY FIREARM, MAGAZINE OR OTHER FIREARM ACCESSORY TO BE REGISTERED IN ANY MANNER.
E. A PERSON WHO VIOLATES SUBSECTION B OF THIS SECTION IS GUILTY OF A CLASS 6 FELONY.
F. FOR THE PURPOSES OF THIS SECTION, “PUBLIC SERVANT” MEANS ANY OFFICER OR EMPLOYEE OF THIS STATE OR ANY POLITICAL SUBDIVISION OF THIS STATE, INCLUDING LEGISLATORS AND JUDGES, AND ANY PERSON WHO PARTICIPATES, AS JUROR, WITNESS, ADVISOR, CONSULTANT OR OTHERWISE, IN PERFORMING A GOVERNMENT FUNCTION.
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Other states have already passed similar legislation, even going as far as to nullify the National Firearms Act within their borders as long as the device doesn’t leave the state.
What we have here is an extremely interesting standoff between the Federal government and the states. The states are putting forward the same ideas as were popular before the Civil War of the 1860’s, that the states are sovereign and the Federal government is only meant to regulate disputes between the states. However, the Federal government has been increasingly tried to work its way into having power over things previously reserved for the states.
This is uncharted territory. And personally, I would love to see the Federal government get bitch-slapped back into its limited role. But we’ll have to see how this develops.