The Second Amendment sanctuary movement has gained momentum in recent years as states and localities seek to protect gun rights. This article explores the movement, highlighting key legislative actions and resolutions passed across the United States.
What is a Second Amendment Sanctuary?
Second Amendment sanctuaries are jurisdictions, typically counties or cities, that have adopted resolutions or laws expressing opposition to certain gun control measures, particularly those perceived as infringing on the Second Amendment right to bear arms. These declarations often involve symbolic gestures and statements of intent, with varying degrees of legal effect.
State-Level Actions
Several states have taken legislative action to establish themselves as Second Amendment sanctuaries or to protect gun rights within their borders:
- Alabama: On April 13, 2022, Governor Kay Ivey signed the Alabama Second Amendment Preservation Act (SB 2).
- Alaska: Alaska has seen legislative efforts to challenge future federal gun restrictions.
- Arizona: While some jurisdictions like Tucson have expressed an intent to ignore Arizona's 'Second Amendment sanctuary' law.
- Arkansas: On April 26, 2021, Governor Asa Hutchinson vetoed SB298, The Arkansas Sovereignty Act Of 2021.
- Idaho: New Idaho law effectively nullifies future federal gun control.
- Kansas: Kansas Governor Sam Brownback signed 2nd Amendment Protection Act into Law.
- Kentucky: Bill to make Kentucky a 'Second Amendment sanctuary' becomes law.
- Missouri: Missouri Gov. Parson signs Second Amendment Preservation Act into law.
- Montana: Montana becomes Second Amendment sanctuary, joining growing number of states fighting federal gun laws.
- Nebraska: Governor Ricketts Declared Nebraska a Second Amendment Sanctuary State.
- North Dakota: Gov. Burgum Declared ND as a Second Amendment Sanctuary State.
- Oklahoma: On April 26, 2021, Governor Kevin Stitt signed the Second Amendment Sanctuary State Act (SB 631). In May 2020, Oklahoma became the first of four states to have enacted an anti-red flag law.
- South Carolina: On May 17, 2021, Governor Henry McMaster signed H.3094, also known as the Open Carry With Training Act.
- South Dakota: South Dakota has taken legislative action related to the Second Amendment.
- Tennessee: Lee's signature makes Tennessee a Second Amendment sanctuary.
- Texas: On June 16, 2021, Governor Greg Abbott signed the Second Amendment Sanctuary Act (87(R) HB 2622). The Act went into effect September 1, 2021, and prohibits Texas agencies from assisting the federal government in enforcing federal gun-control laws passed after January 19, 2021.
- Utah: Utah has passed legislation affirming Second Amendment rights.
- Wyoming: On March 11, 2010, Governor Dave Freudenthal signed the Wyoming Firearms Freedom Act.
- West Virginia: On April 27, 2021, Governor Jim Justice signed the Second Amendment Preservation and Anti-Federal Commandeering Act (HB 2694).
- Florida: All 67 Florida County Sheriffs signed pledge to protect the right of citizens to bear arms.
Specific Examples of State Laws
Several states have enacted specific laws to protect Second Amendment rights:
- Alabama Second Amendment Preservation Act (SB 2): Signed into law on April 13, 2022, this act demonstrates Alabama's commitment to preserving Second Amendment rights.
- Montana: Governor Greg Gianforte signed HB 0258 banning the enforcement of federal bans on firearms, magazines, or ammunition. The bill applies retroactively to Jan.
- Oklahoma Second Amendment Sanctuary State Act (SB 631): Signed by Governor Kevin Stitt on April 26, 2021, this act prevents the confiscation or surrender of firearms, gun accessories, or ammunition from law-abiding Oklahomans.
- Texas Second Amendment Sanctuary Act (87(R) HB 2622): Signed by Governor Greg Abbott on June 16, 2021, this act prohibits Texas agencies from assisting the federal government in enforcing federal gun-control laws passed after January 19, 2021.
- West Virginia Second Amendment Preservation and Anti-Federal Commandeering Act (HB 2694): Signed by Governor Jim Justice on April 27, 2021, this act prohibits the federal commandeering of employees and agencies of the state for the purpose of enforcing federal firearms laws.
County-Level Actions
Many counties across the United States have declared themselves Second Amendment sanctuaries:
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- Arizona: Apache County, La Paz County, Maricopa County, Mohave County, Yavapai County.
- Arkansas: Crawford County, Independence County.
- California: Siskiyou County, Shasta County.
- Colorado: Montezuma County, Weld County, El Paso County.
- Florida: Bay County, Jackson County, Walton County, Bradford County.
County Opposition to the SAFE Act in New York
The SAFE Act was passed in 2013. After passage, New York counties started passing resolutions opposing the SAFE Act. There are currently 52 out of 62 counties with such resolutions.
Legal Challenges and Opinions
The legal validity and impact of Second Amendment sanctuary resolutions have been questioned and challenged:
- Virginia: In Virginia, Attorney General Mark Herring issued an advisory opinion indicating that sanctuary resolutions were null and void.
- Missouri: Federal judge rules Missouri's 'Second Amendment Preservation Act' unconstitutional.
Motivations and Impact
The Second Amendment sanctuary movement is driven by concerns over potential federal gun control measures and a desire to protect the right to bear arms. While the legal impact of these sanctuary declarations may vary, they serve as a symbolic expression of local sentiment and can influence the political debate surrounding gun control.
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