Since most of what the federal government does is well beyond the scope of its enumerated powers, it is up to the States, (those that choose to of course) to thwart these actions. Florida House Representative Dane Eagle has filed and sponsored HB 733 – The Florida Second Amendment Preservation Act.
“The Tenth Amendment to the United States Constitution expressly provides that all powers not delegated to the federal government are reserved to the states. Time and time again Florida has proven that we have the best solutions to our own issues,whether it be health care, education, or our balanced budget, which is accomplished without raising taxes. When it comes to protecting our fundamental Second Amendment rights guaranteed by the Constitution, I believe it is best left to be handled by Floridians for Floridians.” – Florida House Rep. Dane Eagle
Andrew Nappi, from the Florida Tenth Amendment Center, in an email states, “We need your support to get more HOUSE co-sponsors; and we need you to contact your State Senator as we need a senate companion bill ASAP. Tell them to sponsor a companion bill to HB 733 by Rep. Dane Eagle (FL- R District 77). Include the link to the bill which is below. Please don’t delay. Actions takes literally less than five minutes to accomplish. Thanks!”
You can support this bill by taking action right now, it takes seconds to submit your email to your elected officials: click here now.
Go even further by logging your phone call to your elected officials. Input your address the appropriate elected officials phone numbers will load on the screen. Call them on the phone, be polite but firm in asking for their support and co-sponsorship of House Bill #733. You can join that campaign by clicking here also.
Nappi notes, “There is zero time to wait. We need that senate bill! This takes all of 5 minutes…we must protect the 2A!”
The Second Amendment Preservation Act declares that no agent of the state or its political subdivisions may participate with or assist federal agents in the enforcement of unconstitutional federal firearms laws, or provide material support of any kind to federal agents in the enforcement of these laws. State agents and/or contractors who knowingly participate in or provide support for the enforcement of federal firearms laws would be subject to dismissal.
“The Tenth Amendment to the United States Constitution expressly provides that all powers not delegated to the federal government are reserved to the states. Time and time again Florida has proven that we have the best solutions to our own issues,whether it be healthcare, education, or our balanced budget, which is accomplishedwithout raising taxes. When it comes to protecting our fundamental Second Amendment rights guaranteed by the Constitution, I believe it is best left to be handled byFloridians for Floridians.” – Florida House Rep. Dane Eagle
The legislation would not attempt to stop federal agents from enforcing gun laws, but would pull the plug on any state cooperation. The bill rests on a well-established legal principle known as the anti-commandeering doctrine. Simply put, the federal government cannot force states to help implement or enforce and federal act or program. The anti-commandeering doctrine rests primarily on four Supreme Court cases cases dating back to 1842. Printz v. US serves as the cornerstone.
Montana sheriff Jay Printz and Arizona sheriff Richard Mack sued the federal government over provisions in the 1993 Brady Gun Bill that required chief law enforcement officers in each county to administer background checks. The Supreme Court majority held the feds could not force compliance by state officers.
“The Federal Government may neither issue directives requiring the States to address particular problems, nor command the States’ officers, or those of their political subdivisions, to administer or enforce a federal regulatory program. It matters not whether policymaking is involved, and no case-by-case weighing of the burdens or benefits is necessary; such commands are fundamentally incompatible with our constitutional system of dual sovereignty.”
Mack has since called working at the state and local level the key to fighting tyranny.
Florida Tenth Amendment Center outreach director Francisco Rodriguez said the proposed act would make it very difficult for the federal government to enforce its gun laws.
“The federal government relies on state and local assistance for almost everything. One source I read indicated that state or local police assist in seven out of every 10 ATF raids. That’s a lot of help that will disappear in the blink of an eye,” he said. “Now imagine if 20 or 30 states followed suit. It would make it virtually impossible for the feds to violate the Second Amendment.”
Florida Tenth Amendment Center state coordinator Andrew Nappi said Rep. Eagle first became interested in this bill almost a year ago and called to discuss the model legislation.
“The timing last year just could not be worked out. But Representative Eagle said he would not forget about this bill and he didn’t. He remained true to his word, and we began working with him on this last fall,” Nappi said. “This is a substantial attempt to push back against federal actions violating the Second Amendment. Representative Eagle has not only kept his word by sponsoring the bill this year, he set an example for others who say they support the Second Amendment, but stop short of taking action.”
Sources close to the Tenth Amendment Center indicate a Senate version of the bill will likely be introduced in the next week or so.