1 state aims to be 'sanctuary state' ... for gun rights

Former President James Madison – Father of the U.S. Constitution – would be proud.

A West Virginia lawmaker has introduced a bill to the state House that would outlaw enforcement of current and future gun-control laws that violate the U.S. or state constitutions.

House Bill 2138, introduced by Republican Del. Pat McGeehan, would effectively nullify all federal gun control within the state's boundaries, according to a report from the Tenth Amendment Center. The bill would make any attempt to enforce such laws a felony.

HB2138 reads:

"All current and future federal, state, and local statutes, ordinances, laws, orders, rules, and any other actions which attempt to restrict, tax, or regulate the possession, use, discharge in lawful self-defense, transportation, purchase, acquisition, sale, transfer, ownership, carrying, manufacture, or repair of firearms, firearm accessories, ammunition and their accouterments contradict the true meaning and original intent of the Second Amendment to the Constitution of the United States and Section twenty-two, Article III of the Constitution of the State of West Virginia. Those statutes, ordinances, laws, orders and rules which violate the Constitution of the United States and the Constitution of the State of West Virginia are invalid, and therefore, are null and void."

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McGeehan's bill is a page out of "Federalist #46," where Madison laid out a strategy for nixing unpopular or unconstitutional federal programs. Among Madison's remedies was "refusal to cooperate with officers of the Union." The West Virginia bill goes two steps further by offering legal assistance to state citizens targeted by federal agents enforcing unconstitutional gun laws, and by subjecting federal, state or local agents attempting to enforce federal gun laws to arrest, prosecution, jail and fines.

While acknowledging the arrest and prosecution of federal agents for acting within the scope of their official duties is a non-starter – in such cases, federal statute automatically transfers such cases to federal court – non-cooperation can be an effective roadblock to federal action, as seen by California and many large Democrat cities declaring themselves sanctuaries for illegal aliens.

The simple fact is the federal government depends on local cooperation for most enforcement of its laws. Without support and cooperation from the state, there are not enough federal agents to widely enforce federal law.

"Partnerships don't work too well when half the team quits," Michael Boldin of the Tenth Amendment Center said. "By withdrawing all resources and participation in federal gun control, states can help bring these unconstitutional act to their much-needed end."

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While the West Virginia bill mimics the sanctuary actions of California, the distinction is found in the Constitution. The West Virginia bill takes a literal position on the Second Amendment's guarantee that "the right of the people to keep and bear arms, shall not be infringed." In the case of California's sanctuary-for-illegals policy, the state is usurping federal authority to regulate immigration, enumerated in the Constitution.

"More conservative states should do the exact same thing," said Boldin.

HB2138 was submitted to the House Judiciary last week.