FLASHBACK – Ariz. legislators move to exempt state from federal laws

Gun Control gun in logoPHOENIX — Gun control. It’s the debate that is rippling across the country.

While lawmakers in Washington were trying to hammer out what should be done, Arizona lawmakers made it very clear,

“No thanks”

Five state representatives proposed House Bill 2291, appropriately titled “Arizona Firearms:  prohibited enforcement.”

Last year, President Barack Obama proposed a ban on assault weapons and any magazine that holds more than 10 bullets. Representatives; Smith, Kwasman, Seel, Stevens, Thorpe and the majority of Arizona are not on board with the Obama Administrations attempt to diminish our constitutional rights.

HB 2291 makes it a Class 6 felony for federal government employees to enforce new federal laws or regulations on guns, accessories and ammunition owned or manufactured in our state.


A Class 6 felony is Arizona’s least severe felony classification, but a conviction can carry a jail or prison sentence.

The bill will also make Arizona exempt from any new federal restrictions on semi-automatic firearms and magazines and new registration rules. Under the introduced version of HB 2291, such restrictions or registration rules would be

“… unenforceable within the borders of this state ….”

When asked if HB2291 would stand up in court, a Valley lawyer cited the Supremacy Clause — Article VI, Section 2, of the U.S. Constitution. That section states that the

“Constitution, and the Laws of the United States … shall be the supreme Law of the Land.”

When you boil it down, the Supremacy Clause means ” that federal law is superior to and overrides state law when they conflict,” according to Nolo, which describes itself as “a leading provider of plain-English legal information and products for consumers and businesses.”

In consideration of the Obama Administration putting forth a “Gun Control” law. How would such a law, that is in violation of the constitution not also be trumped by the supremacy clause? Any law or Executive Order attempting to override the constitution will be trumped.

HB 2291, which sponsors say is meant to protect Arizonans’ Second Amendment right to “keep and bear arms,” is not unique. Nearly a dozen other states reportedly have similar bills on the table.

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