ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

House: GE DPA 7-6-0-0

HB 2111: 2nd amendment; unenforceable federal laws

Sponsor:  Representative Biasiucci, LD 5

Caucus & COW

Overview

Stipulates that any law of the United States (U.S.) government that violates Amendment II of the U.S. Constitution is null and void in the state of Arizona.

History

The Second Amendment of the U.S. Constitution states that: 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 (U.S. Const., Amendment II).

The Arizona Constitution stipulates that the U.S. Constitution is the supreme law of the land to which all government, state and federal, is subject.  Additionally, the Arizona Constitution authorizes this state to exercise its sovereign authority to restrict the actions of its personnel and use of its financial resources for purposes consistent with the constitution by passing an initiative or referendum, passing a bill or pursuing any other available legal remedy (AZ Const., Art. 2, Sec. 3).

Provisions

1.   Specifies that, pursuant to the sovereign authority of this state and Article II, Section 3, Constitution of Arizona:

a)   Any law, rule or regulation of the federal government that violates the 2nd Amendment of the U.S. Constitution is void and unenforceable in Arizona; and

b)   Prohibits the state of Arizona and its political subdivisions from utilizing any financial resources or state personnel to administer or enforce any law, order, rule or regulation of the federal government that violates the 2nd Amendment of the U.S. Constitution. (Sec. 1)

2.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteEntitles the act the 2nd Amendment Firearm Freedom Act. (Sec. 2)

Amendments

Committee on Government & Elections

1.   Removes references to the 2nd Amendment of the U.S. Constitution.

2.   Stipulates that this state may not use any personnel or financial resources to enforce federal laws that are inconsistent with any law of this state regarding the regulation of firearms.

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6.                     HB 2111

7.   Initials SJ  Page 0 Caucus & COW

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