The Florida legislature will consider a bill that would prohibit any state agency from cooperating with enforcement of any federal gun laws – past, present or future.
Rep. Dan Eagle (R-Cape Coral) introduced HB733 on Monday. The Second Amendment Preservation Act declares that no agent of the state or its political subdivisions may participate with or assist federal agents in the enforcement of federal firearms laws, or provide material support of any kind to federal agents in the enforcement of these laws. State agents and/or contractors who knowingly participate in or provide support for the enforcement of federal firearms laws would be subject to dismissal.
“The Tenth Amendment to the United States Constitution expressly provides that all powers not delegated to the federal government are reserved to the states. Time and time again, Florida has proven that we have the best solutions to our own issues, whether it be healthcare, education, or our balanced budget, which is accomplished without raising taxes. When it comes to protecting our fundamental Second Amendment rights guaranteed by the Constitution, I believe it is best left to be handled by Floridians for Floridians,” Eagle said.
The legislation would not attempt to stop federal agents from enforcing gun laws, but would pull the plug on any state cooperation, leaving enforcement in the hands of a federal government incapable of enforcing its laws.
Florida Tenth Amendment Center outreach director Francisco Rodriguez said the proposed act would make it very difficult for the federal government to enforce its gun laws.
“The federal government relies on state and local assistance for almost everything. One source I read indicated that state or local police assist in seven out of every 10 ATF raids. That’s a lot of help that will disappear in the blink of an eye,” he said. “Now imagine if 20 or 30 states followed suit. It would make it virtually impossible for the feds to violate the Second Amendment.”
Such a tactic is an extremely effective way to stop a federal government busting at the seams. Even the National Governors Association admitted the same recently when they sent out a press release noting that “States are partners with the federal government in implementing most federal programs.” That means states can create impediments to enforcing and implementing “most federal programs” including those which impose upon the right to keep and bear arms.
James Madison, the “Father of the Constitution,” advised this very tactic. Madison supplied the blueprint for resisting federal power in Federalist 46. He outlined several steps that states can take to effective stop “an unwarrantable measure,” or “even a warrantable measure” of the federal government. Anticipating the anti-commandeering doctrine, Madison called for “refusal to cooperate with officers of the Union” as a method of resistance.
Judge Andrew Napolitano last year urged states to introduce and pass this type of legislation specifically, saying that a single state passing such a law would make federal gun laws “nearly impossible to enforce.”
The bill 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 a federal act or program The anti-commandeering doctrine rests primarily on four Supreme Court cases cases dating back to 1842. Printz v. US serves as the cornerstone.
Montana sheriff Jay Printz and Arizona sheriff Richard Mack sued the federal government over provisions in the 1993 Brady Gun Bill that required chief law enforcement officers in each county to administer background checks. The Supreme Court majority held the feds could not force compliance by state officers.
“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.”
Mack has since called working at the state and local level the key to fighting tyranny.
Florida Tenth Amendment Center state coordinator Andrew Nappi said Rep. Eagle first became interested in this bill almost a year ago and called to discuss the model legislation.
“The timing last year just could not be worked out. But Representative Eagle said he would not forget about this bill and he didn’t. He remained true to his word, and we began working with him on this last fall,” Nappi said. “This is a substantial attempt to push back against federal actions violating the Second Amendment. Representative Eagle has not only kept his word by sponsoring the bill this year, he set an example for others who say they support the Second Amendment, but stop short of taking action.”
Sources close to the Tenth Amendment Center indicate a Senate version of the bill will likely be introduced in the coming weeks.
In Florida, take action to support HB733 HERE
All other states, take action to get your state on board, and protect the 2nd Amendment HERE
I would like to see all States follow this example.
SO WOULD I
I'd love to see Ohio follow it, and all the others. The big one is scotus, is going to be determined to kill it. We need to demand a new Supreme Court too.
The Bill has this CRACKERS (Adopted), VOTE...PERIOD.
I LIKE IT LETS GET THESE PEOPLE IN THE WHITE HOUSE (((( NOW THAT'S WHAT I'M TALKING ABOUT ))) .
Harry, this is the bill we went to Tallahassee to support in early January. We went to each our Representatives and had them sign pledges to vote for HB733. Let's see how many of them honor their word. If they all do, HB733 will pass without hesitation. Those who don't, will be looking for a new job in 2015. Thanks for the write-up.
They better support it Terry...or as you say, more unemployed.....which is a good thing for politicians.
Hooray for Florida! This is a great move in a spreading movement.
I have contacted my Florida Representatives & Senator asking them to support HB 733
Contact your state reps and your fed. reps for your state and demand that they support this legislature in your own states.
Getting a bill through the Florida legislature is almost impossible even though it is predominately Republican. Bills are sent to SEVERAL committees to slow it down & hopefully kill it IF it is unpopular with the Special Interests. Then the House & Senate have to agree to the same bill.
I saw this myself when I lobbied for E-Verify a couple of times. The Special Interests followed behind us & said they wanted more illegals. Soros paid for 8 buses full of illegals to parade in the building, block doorways, show off their children & carried produce they picked (instead of legal workers picking). E-Verify failed.
Our TEA Party with the help of other Patriots tried to get the signatures to place a Florida Constitutional Amendment on the ballot to allow voters to block the Federal Government from interferring with our Second Amendment right. It is similar to this bill but the voters decide. The initive requirred a single signature per form. We did not get the requirred 700,000+ signatures to put it on this years ballot. Perhaps Florida residents will continue to sign the petitions & send them back so we can do it next year whether the bill passes or not. The information & forms are at http://fflpac.org/