Alabama Senate votes to ignore new federal gun laws that violate Second Amendment

gunIn the wake of the U.S. Senate’s failed background check legislation, the Alabama legislature is one step closer to passing its own gun bill — to prevent any new federal gun control laws from infringing on Alabamians’ right to bear arms.

The Alabama state Senate voted, 24-6, on Tuesday to approve a piece of legislation that would prohibit federal gun control laws from being upheld in the state if those laws are deemed a “violation of the Second Amendment.”

“They are not going to use our law enforcement resources to enforce their law that we believe is unconstitutional,” state Sen. Paul Sanford (R-Madison), the bill’s author, said during the debate. Sanford introduced the bill after receiving hundreds of phone calls and emails from constituents, he told Red Alert Politics.

Along with Sanford, the “Second Amendment Preservation Act” was co-sponsored by state Sens. Scott Beason (R-Blount, Jefferson, St. Clair), Shadrack McGill (R-DeKalb, Jackson, Madison), Clay Scofield (R-Blount, Madison, Marshall) and Tom Whatley (R-Lee, Russell, Tallapoosa).

The bill also includes a finding of the legislature that states “All federal acts, laws, orders, rules or regulations regarding firearms are a violation of the Second Amendment.” It was not Sanford’s intention, however, to nullify all federally-imposed gun laws.

“My intent right now is not to go back and try to roll back every federal single federal [gun] law,” he told Red Alert.

The state Senator said he wanted to give the Alabama attorney general the ability to issue a federal gun law unconstitutional, thereby allowing law enforcement to ignore the law.

Though it passed the Senate with ease, the bill would still need approval in the state House of Representatives and the governor’s signature to become law. And with only four days left of the current legislative session, it might be hard to pass the bill. But if the bill doesn’t come to a vote on the House floor, Sanford said he would reintroduce the bill in the next legislative session, where he predicted it would have a good shot.

“We’re really partial to our Second Amendment here, so I think it has a good chance of passing the House,” he said.”

Comments

Comments

  1. Jack Patterson says:

    There’s more to the Constitution than the Second Amendment. There is also the Supremacy Clause which forbids the States from nullfying Federal law. What’s “null and void” here is the Alabama Senate’s bill.

    1. Nick says:

      Perhaps you should read the Virginia and Kentucky Resolutions that were written by Jefferson and Madison. The authors of the Constitution and Declaration completely disagree with that totally erroneous statement.
      The states created a federal government with limited powers. The people have the authority to ‘alter or abolish’ the government when it becomes destructive of its duties. The federal authority appears only in Article 1, Section 8, and is mostly external to the nation.
      The Supremacy Clause protects the authority of the Constitution that specifically states that “the right of the people to keep and bear arms shall not be infringed”.
      This idea that the Supremacy Clause protects all acts by the federal government is a supposition made by those who were determined to destroy the sovereignty of the states and the People. There is no historical or lawful fact that supports that completely flawed notion created by interpretations that are not allowed by the Constitution.
      Read the 9th and 10th Amendments.

  2. Huey Campbell says:

    Damn right!

    THAN YOU for this article Kelsey!

    U.S. Supreme Court Case, Mack vs. Brady, says the Feds can’t use state resources to enforce “their” laws.

    We all owe Sheriff Richard Mack more than we have resources to pay! Too bad the “Lame” Stream Media. feeds us junk and our schools don’t teach our constitutional rights

    1. Kimberly Co says:

      The federal government decides what laws they choose to enforce and what laws they choose to ignore … Alabama is at least creating a law that allows them to ignore federal laws that ignore the constitution … good on them, hopefully more states will follow!

  3. Rick Koetter says:

    Read the Constitution again Jack. Only Constitutional laws are supreme. Any laws the state deems to be Unconstitutional can be refused to be applied within their state. This has been upheld in many court cases.
    May God Bless Alabama and the other states that have the back bone to tell the Feds to go and $crew themselves.

  4. Keir Sawdey says:

    Yes, there is the Supremacy Clause, but it only applies to federal law, not executive orders which are more like directives. And it definitely does not apply to any law passed that is in direct violation of the Constitution. In this case, states would be correct in using nullification.

    1. LTC Ray Burke says:

      Point well taken !!!

  5. LTC Ray Burke says:

    Kudos to the courageous State of Alabama for daring to challenge the fed’s death grip on our once free Republic !!! Onerous government must be resisted in every feasible way open to us. Let the battle begin !!!

  6. Marie Dex says:

    Such a shameful excuse of a president! When much of the population has to fight their own government for their rights and freedoms it doesn’t say much for him. And fight to be able to get jobs going. And fight to keep our healthcare without paying such high costs. I thought we hired him to make decisions for our country not against it. Sounds kind of familiar to other countries in the news!

Polititainment

Clooney: Release 'The Interview' online

George Clooney may have the most awesomely toothy response to the Sony Pictures cyberattack that forced the movie studio to pull the film "The Interview" from its December 25 release.

Jon Stewart might ruin your childhood

Jon Stewart brought his nightmare-inducing recurring character “Gitmo” on the show to talk about the normalization of U.S. relations with Cuba.

Colbert's embargo on the Vatican

Colbert had to chide his audience Wednesday night for getting excited about making “Cuba more libre.”

Megyn Kelly on 'The Interview'

Fox News’ Megyn Kelly told Jimmy Kimmel she found Sony’s decision to pull “The Interview” after threats of a terrorist attack "deeply troubling.”

Romney's suggestion for 'The Interview'

Mitt Romney has an idea to turn "The Interview" movie fiasco into a win for everybody.

White House

District court declares Obama’s executive action on immigration unconstitutional
A federal court in Pennsylvania declared parts of President Obama’s executive actions on immigration unconstitutional Tuesday. Judge Arthur J. Schwab, sitting in the western district of Pennsylvania, said presidents do have the power to use discretion in deciding how to enforce laws, but found that Obama’s recent executive action went much further than that.  He said Obama was writing […]
Obama administration extends Pell grants to juvenile offenders
The Obama administration has set out new guidelines that allow for students sentenced to juvenile correctional facilities to be eligible for federal Pell grants. The U.S. Department of Education and Department of Justice sent out a joint release Monday that clarified an earlier law. Congress in 1994 prohibited inmates at federal and state prisons from receiving Pell Grants […]
White House denies report that it wants to delay release of CIA torture report

The White House is insisting it wants the Senate Intelligence Committee to release its report on CIA torture practices, despite a report that Secretary of State John Kerry is trying to scuttle it.

Kate visits NYC kids; Prince William joins Obama

NEW YORK (AP) — Prince William's wife, Kate, wrapped Christmas gifts, helped preschoolers decorate picture frames and left an impression of a down-to-earth royal as she toured a child development center Monday with New York City's first lady.

The surprising opponents and backers of Obama’s net neutrality plan

Ted Cruz vs. Justice Scalia, and Obama vs. Jesse Jackson and the NAACP: The fight in Washington over "net neutrality” and has drawn up some strange battle lines.

Congress

Rand Paul: 'Opening up Cuba is a good idea'

Sen. Rand Paul broke with the Republican Party's prevailing argument against President Obama's Cuba policy Thursday, saying the move toward opening trade with the long-embargoed nation "probably" is a good idea.

Retiring DemHenry Waxman's farewell ode to govt

You'd think that, 40 years in, a congressman might grow cynical about the prospects of government meddling. Not retiring Rep. Henry Waxman (D-Calif.)!

Senate Confirms Pro-Gun Control Surgeon General
NATIONAL JOURNAL — The Senate narrowly confirmed a new surgeon general whose nomination was delayed for months in a fight over his comments alleging that guns are a public health issue. The confirmation represents a victory for gun-control advocates, even as recent polling has shown Americans moving in the other direction toward gun-rights protections. The […]
Congress gave DOD $3 billion in extra funds

Christmas came early for the Pentagon (and Lockheed Martin.)

Rand Paul's bill to repeal Obama's exec order

Sen. Rand Paul (R-Ky.) has filed a bill to overturn President Obama’s executive action on immigration.