GOP to cities: Uphold 2nd Amendment or else

Posted: February 11, 2014 at 7:41 pm

PHOENIX State lawmakers sent a warning Monday to local officials: Do anything to help the federal government enforce its guns laws in violation of the Second Amendment and find yourself out on the street.

The legislation approved on a 6-3 vote by the Senate Judiciary Committee declares that all federal acts, laws, orders, rules and regulations that violate the true meaning and intent of the Second Amendment are invalid and void in this state. SB1294 also forbids the use of state personnel or resources to enforce those rules.

But the measure also says any agent or employee of the state or local government who knowingly violates the law is deemed to have resigned any commission the person possesses and is forever after ineligible to hold any office of trust, honor or emolument under the laws of this state.

Sen. Kelli Ward, R-Lake Havasu City, said that could even extend to members of a city council and local employees who do anything at all to help enforce federal laws. And the legislation says any local government that helps the feds loses all of its state aid.

Ward said that goes to the point of the law which voids any federal law that violates the true intent of the Second Amendment as given by the founders and ratifiers of the United States Constitution.

That raised a question from Sen. Steve Gallardo, D-Phoenix, as to exactly who gets to interpret the true intent of the Second Amendment.

I believe the Constitution is as written, she said.

It says in the Second Amendment that the right of the people to keep and bear arms shall not be infringed, Ward continued. And the definition of infringed is to act as to limit or undermine or encroach on something.

Ward said there would be due process for any official accused of violating the Second Amendment, with judicial protections.

But she also told Capitol Media Services that did not mean absolute deference to state or federal courts as to what is constitutional. Ward said the meaning of the Second Amendment has to be as defined by the Constitution.

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GOP to cities: Uphold 2nd Amendment or else

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