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Arizona passes 2nd Amendment Firearm Freedom Act

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On April 6, 2021, Arizona Governor Doug Ducey signed HB 2111 “2nd Amendment Firearm Freedom Act,” making Arizona a Second Amendment Sanctuary State. Championed by State Rep. Leo Biasiucci, this bill effectively prevents state personnel and financial resources from being used to enforce any gun laws that are not in agreement with the gun laws of the state of Arizona.


House Engrossed

2nd amendment; unenforceable federal laws

State of Arizona
House of Representatives
Fifty-fifth Legislature
First Regular Session
2021

CHAPTER 182

HOUSE BILL 2111

AN ACT

AMENDING TITLE 1, CHAPTER 2, ARTICLE 4, ARIZONA REVISED STATUTES, BY ADDING SECTION 1-272; RELATING TO SOVEREIGN AUTHORITY.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 1, chapter 2, article 4, Arizona Revised Statutes, is amended by adding section 1-272, to read:

1-272. Sovereign authority; right of the people to keep and bear arms

PURSUANT TO THE SOVEREIGN AUTHORITY OF THIS STATE AND ARTICLE II, SECTION 3, CONSTITUTION OF ARIZONA, THIS STATE AND ALL POLITICAL SUBDIVISIONS OF THIS STATE ARE PROHIBITED FROM USING ANY PERSONNEL OR FINANCIAL RESOURCES TO ENFORCE, ADMINISTER OR COOPERATE WITH ANY ACT, LAW, TREATY, ORDER, RULE OR REGULATION OF THE UNITED STATES GOVERNMENT THAT IS INCONSISTENT WITH ANY LAW OF THIS STATE REGARDING THE REGULATION OF FIREARMS.

Sec. 2. Short title

This act may be cited as the “2nd Amendment Firearm Freedom Act”.

APPROVED BY THE GOVERNOR APRIL 6, 2021.

FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 6, 2021.



HB 2111 SUMMARY

The following is a summary of HB 2111, which explains in layman’s terms the history of the bill as well as its provisions:

HB 2111: 2nd amendment; unenforceable federal laws

Sponsor:  Representative Biasiucci, LD 5

Transmitted to the Governor

Overview

Prohibits the state of Arizona from using personnel or financial resources to enforce any United States (U.S.) government law that is inconsistent with any law of this state regarding the regulation of firearms.

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, the state of Arizona and its political subdivisions are prohibited from utilizing any financial resources or state personnel to administer, cooperate with or enforce any law, act, order, rule, treaty or regulation of the federal government that is inconsistent with any law of this state regarding the regulation of firearms. (Sec. 1)

2. Entitles the act the 2nd Amendment Firearm Freedom Act. (Sec. 2)

You can view the PDF version of this summary by clicking here.

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