(2021-01-25) Over the last
two years, the 2nd Amendment sanctuary movement has grown and a
strategy has developed: Move
beyond mere symbolism and write laws and ordinances that forbid state
and/or local law enforcement from assisting in any way in the
enforcement of ANY federal gun law. Bills to
this effect
have been introduced in multiple states before any new federal gun laws
have been passed and signed into law. Should this happen it
is
likely that a majority of states will pass such laws. How is
this
a problem for Biden’s gun control push?1) If it appears that a majority of states are in opposition to the passage of new gun laws, that would look really bad. If would be clear that the federal government is trying to ram new gun laws down the throats of a huge number of states. The fact that they are committed enough to write laws in opposition makes it appear even worse.
2) There is no question that sanctuary laws are completely legal. How do we know this? Well, they are modeled on the immigration sanctuary laws that the left passed in blue states and cities. They did the heavy lifting by defending these laws successfully in the courts. 2A sanctuary laws written along the same lines would be found constitutional. State and local authorities cannot be forced to enforce federal laws.
3) The Biden administration could try withholding federal funds from states that pass such laws – but that might not be found constitutional. Even if it were upheld – what if the 2A sanctuary states decided to take the funding hit. In that case voters could react by defeating Democratic Senators and Representatives from those states, causing the loss of both houses. Biden should remember the 1994 reaction to the passage of new federal gun laws, including an assault weapons ban.
4) Many of these laws are written so as to forbid assistance with enforcement of ANY federal gun laws. That means it the feds would have to enforce current laws without help, as well as any new laws. This would be nearly impossible.
5) In contrast to immigration sanctuaries, 2A sanctuaries involve the protection of a civil right – a right that many Americans, including many in law enforcement, consider to be the last defense against tyranny. Biden should be concerned that eventually a local law enforcement official – likely a sheriff in the West – will decide to move beyond passively refusing to assist federal law enforcement to actively resisting what they would see as clear violation of a core civil right. If we are lucky, no shots will be fired and the feds will back down. If we are very unlucky, shots will be fired and they will be the first shots of the second American civil war. Passing new gun laws could be lighting the fuse to a powder keg.
