An Arkansas legislator filed a bill Wednesday that would prohibit the enforcement of new federal regulations concerning semiautomatic guns and magazines.
House Bill 1752, sponsored by state Rep. Bob Ballinger, R-Hindsville, would exempt from federal regulations most firearms, accessories and ammunition made in Arkansas and kept within the state’s borders. The bill would make it a misdemeanor for state or federal employees to enforce any new federal gun law in Arkansas pertaining to weapons manufactured and kept in the state.
“We’re making a statement that any new federal regulations would be a violation of the Second Amendment and unenforceable,” Ballinger said.
Ballinger said similar bills are wending their way through legislatures in 28 states. In four states, they’ve passed either the House or the Senate, he said. But none of these bills has become law yet.
Ballinger said the state bills are a pre-emptive measure.
“My hope is by passing this law and several other states passing it, we’ll never have to worry about this law getting implemented because the federal government won’t pass any new regulations,” he said.
Ballinger said he doesn’t believe the bill would ever result in Arkansas police officers being arrested for trying to enforce federal law. His bill requires a warrant for arrests.
“It only becomes effective if somebody passes a law requiring confiscation of weapons ... or taking a drastic action by the federal government,” he said.
The bill would prevent the federal government from prohibiting or restricting “ownership of a semiautomatic firearm or magazine” or requiring registration of those weapons.
Ballinger said there are two gun manufacturers in his District 97 - Wilson Combat and Nighthawk Custom, both located near Berryville. Both companies make .45-caliber pistols, he said.
HB1752 has been referred to the House Judiciary Committee and amended twice to add 29 co-sponsors, all of whom are Republicans, said Ballinger. If passed, it would apply to any federal regulations created or put into effect after Jan. 1 of this year.
President Barack Obama has been pressing Congress to ban military-style assault weapons and high-capacity magazines, expand background checks and toughen gun-trafficking laws. Obama wants a national ban on magazines containing more than 10 rounds.
Steve Sheppard, a professor at the University of Arkansas in Fayetteville and expert on constitutional law, took issue with several parts of Ballinger’s bill.
“The idea that commerce that is intrastate is immune from federal regulations is silly,” Sheppard said.
He said Ballinger appeared to be citing some parts of the U.S. Constitution while ignoring others.
“The Constitution is not like a candy box,” Sheppard said. “You can’t just pick the pieces you like and leave the rest.”
Article VI, Section II, of the Constitution states that the Constitution and U.S. laws “shall be the supreme law of the land.” Ballinger said that’s a reference to laws that are consistent with the Constitution; his bill would attempt to ban in Arkansas the enforcement of any “unconstitutional overreaches of power” by the federal government.
If someone thinks federal law is unconstitutional, they should challenge it in court, “not pass contravening statelaw,” Sheppard said.
“States are a part of a federal system,” Sheppard said. “When one wants to deal with issues of federal laws and the states, we have a method already, and that method is called the Congress.
“Passing legislation in the local legislature meant to interfere with federal law is not how this was meant to be done. We have excellent senators and congressional representatives who can present the views of our state. If those views are not successful, the point of the Constitution is that every state must abide by the result. The experiences of 1865 and 1957 do not look good in the rearview mirror.”
Sheppard was referring to the Civil War and the Little Rock Central High crisis.
Ratified in 1791, the SecondAmendment to the U.S. Constitution states: “A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.”
HB1752 would also require Arkansas’ attorney general to defend any state resident who is prosecuted by the federal government for violation of new gun regulations.
Arkansas, Pages 20 on 03/10/2013