Can Pro-Gun Legislators Make It a Crime to Enforce the Law?
While White House officials and federal lawmakers have scrambled in the past month to introduce legislation designed to restrict certain kinds of weapons or ammunition, or to limit the broad immunity the gun industry was given during the Bush Administration, lawmakers in nearly a third of the states of the union have taken their own aggressive approach to the problem of gun violence. They have introduced proposed measures that seek either to nullify federal gun laws, or to criminalize the conduct of public officials -- including, in some cases, judges and jurors -- who would be required to enforce them.
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The new crop of unconstitutional, unenforceable legislation stretches from the Arctic Circle (Alaska) to the Gulfstream waters (Mississippi), from the Pacific (Washington) to the Atlantic (Virginia), and from the Rio Grande (Texas) to the Mississippi (Missouri). First on Raftery's list is Alaska. There, HB 69 has garnered 18 co-sponsors. It reads:="#actions">
An Act exempting certain firearms and firearm accessories in this state from federal regulation; providing criminal penalties for federal officials who enforce or attempt to enforce a federal law, regulation, rule, or order regulating certain firearms and firearm accessories in this state; and providing for an effective date.
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These strange brews all come from the same ingredients. A dash of the 10th Amendment, with its nod to state sovereignty. A pinch of the 9th Amendment (notice the ad on the link), with its nod to the idea that people have inherent gun rights beyond the 2nd Amendment. A big pinch of the 2nd Amendment, of course -- and all of it sprinkled with the same disdain for the current president which kept the "birthers" in business for years.
That none of these measures will ever become enforceable law is also beside the point. The point here is that the radicals in these state houses make the radicals in Congress look positively sane.
http://www.theatlantic.com/national/archive/2013/01/can-pro-gun-legislators-make-it-a-crime-to-enforce-the-law/272606/