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Second Amendment sanctuary

U.S. Jurisdictions resolved to not enforce certain gun control laws From Wikipedia, the free encyclopedia

Second Amendment sanctuary

A Second Amendment sanctuary, also known as a gun sanctuary, is a state, county, or locality in the United States that has adopted laws or resolutions to prohibit or impede the enforcement of certain gun control measures which are perceived to violate the Second Amendment, such as universal gun background checks, high capacity magazine bans, assault weapon bans, red flag laws, etc.[1][2] Although other jurisdictions had previously adopted legislation now characterized as creating Second Amendment sanctuaries, the Carroll County, Maryland Board of Commissioners is thought to be the first body to explicitly use the term "sanctuary" in its resolution on May 22, 2013[3] and Effingham County, Illinois County Board is thought to have to have popularized the term on April 16, 2018.[4][5][1][6]

States and counties that have passed Second Amendment sanctuary (or other pro-Second Amendment) laws or resolutions as of February 17, 2023. Localities within counties that have adopted such resolutions are not displayed in this map.
  County level
  State level
  Both state and county levels

Examples of the resolutions include the Second Amendment Preservation Ordinance in Oregon[7] and the Second Amendment Protection Act in Kansas.[8] The term "sanctuary" draws its inspiration from the immigration sanctuary cities movement of jurisdictions that have resolved to not assist federal enforcement of immigration laws against illegal aliens.[5][9][10][11]

State laws

Summarize
Perspective

Although some of the state laws listed below were approved prior to the adoption of the term "sanctuary",[12][13] they are now frequently characterized as part of the Second Amendment sanctuary movement.[4][1] Montana was the first state to attempt passage of such bills in 2005, eventually passing in 2009, though it ended up being struck down by the Ninth Circuit Court of Appeals.[14]

Alabama

On April 13, 2022, Governor Kay Ivey signed the Alabama Second Amendment Preservation Act (SB 2). The full text may be read here.[15]

Alaska

On July 9, 2010, Governor Sean Parnell signed the Alaska Firearms Freedom Act (HB 186), declaring that certain firearms and accessories are exempt from federal regulation.[16] The text can be read here.[17] On September 10, 2013, Governor Parnell signed HB 69, which amended and expanded HB 186.[18][19] The text can be read here.[20]

Arizona

On April 5, 2010, Governor Jan Brewer signed HB 2307 which exempted intrastate firearms from federal law.[21] On April 6, 2021, Governor Doug Ducey signed the 2nd Amendment Firearm Freedom Act (HB 2111), which prohibits the state and all political subdivisions from assisting in the enforcement of federal firearm laws and regulations when they are inconsistent with state law.[22][23]

On June 22, 2021, the city of Tucson passed a resolution to ignore the statewide Second Amendment sanctuary law.[24]

Arkansas

On April 26, 2021, Governor Asa Hutchinson vetoed SB298, The Arkansas Sovereignty Act Of 2021. The Senate promptly overrode the governor's veto later the same day.[25][26][27] The House decided to postpone its veto override vote and instead, on April 27, passed HB1957, a less expansive version of the bill; the Senate then passed it as well shortly after midnight on April 28.[28] The governor signed it on April 29, 2021.[29][30]

Idaho

On March 19, 2014, Governor Butch Otter signed SB 1332 to protect Idaho law enforcement officers from being directed by the federal government to violate citizens' rights under Section 11, Article I of the Idaho Constitution.[31][32] The text can be read here.[33] Previously, HJM 3 was passed in 2009.[34] That text can be read here.[35]

Kansas

On April 16, 2013, Governor Sam Brownback signed the Second Amendment Protection Act.[8][36] The text can be read here.[37]

Kentucky

On March 28, 2023, Governor Andy Beshear didn't either sign nor veto HB 153, upon which it proceeded to the Secretary of State Michael Adams and then became law without the Governor's signature.[38] The text can be read here.[39]

Missouri

On June 12, 2021, Governor Mike Parson signed the Second Amendment Preservation Act (HB 85), which will "reject any attempt by the federal government to circumvent the fundamental right Missourians have to keep and bear arms to protect themselves and their property."[40][41][42] A similar bill had been passed in 2013, but was vetoed; a veto override passed in the House but failed by 1 vote in the Senate.[43][44] In February 2023, a federal judge struck down the Second Amendment Preservation Act as a violation of the Supremacy Clause of the United States Constitution.[45]

Montana

On February 18, 2021, Governor Greg Gianforte signed HB 0258 banning the enforcement of federal bans on firearms, magazines, or ammunition. The bill applies retroactively to Jan. 1, 2021.[46][47][48][49] Previously, Montana had passed the Montana Firearms Freedom Act (HB 246) in 2009 which exempted from federal law firearms manufactured within the state and that remain in the state.[50] The law was subsequently struck down by the Ninth Circuit Court of Appeals.[51]

Nebraska

On April 14, 2021, Governor Pete Ricketts signed a proclamation that designated Nebraska as a "Second Amendment Sanctuary State."[52] This proclamation is merely symbolic and does not carry the weight of law.

New Hampshire

On June 24, 2022, Governor Chris Sununu signed HB 1178, an act "prohibiting the state from enforcing any federal statute, regulation, or Presidential Executive Order that restricts or regulates the right of the people to keep and bear arms."

North Dakota

On April 22, 2021, Governor Doug Burgum signed HB 1383, which limits enforcing or assisting in the enforcement of federal firearms laws enacted after January 1, 2021, that are more restrictive than state law.[53] On April 26, 2021, Burgum also signed a proclamation which designated North Dakota as a "Second Amendment Sanctuary State."[54][55]

Oklahoma

On April 26, 2021, Governor Kevin Stitt signed the Second Amendment Sanctuary State Act (SB 631) which prevents the confiscation or surrender of firearms, gun accessories, or ammunition from law-abiding Oklahomans, protecting the right to keep and bear arms guaranteed by the United States Constitution.[56][57] In May 2020, Oklahoma became the first of four states to have enacted an anti-red flag law. The law specifically "prohibits the state or any city, county or political subdivision from enacting red flag laws."[58][59]

South Carolina

On May 17, 2021, Governor Henry McMaster signed H.3094, also known as the Open Carry With Training Act. Section 9 of H.3094 notes "the state of South Carolina and its political subdivisions cannot be compelled" to enforce federal laws that regulate an individual's right to carry concealable weapons openly or concealed. Any such law must first be evaluated by the Attorney General who shall issue a written opinion on if it can be enforced.[60][61][62]

South Dakota

On March 12, 2010, Governor Mike Rounds signed SB 89.[63] However, Sanctuarycounties.com, a pro-sanctuary county website tracking the movement does not consider this a Second Amendment sanctuary law, claiming it is more geared towards protecting firearm and ammunition manufacturers within the state from federal regulation, rather than the Second Amendment rights of state citizens.[64]

Tennessee

On May 26, 2021, Governor Bill Lee signed the "Tennessee Second Amendment Sanctuary Act" (SB 1335) which prohibits Tennessee or any of its subdivisions from enforcing "any law, treaty, executive order, rule, or regulation of the United States government that violates the Second Amendment".[65][66] Previously, the Tennessee Firearms Freedom Act was passed in 2009.[67][68]

Texas

On June 16, 2021, Governor Greg Abbott signed the Second Amendment Sanctuary Act (87(R) HB 2622). The Act went into effect September 1, 2021, and prohibits Texas agencies from assisting the federal government in enforcing federal gun-control laws passed after January 19, 2021. The text of the Act can be read here.[69]

Utah

On February 26, 2010, Governor Gary Herbert signed the Utah State-made Firearms Protection Act (SB 11).[70] Like the South Dakota bill, Sanctuarycounties.com does not consider this a Second Amendment sanctuary law, claiming it's more focused towards protecting firearm and ammunition manufacturers within the state than the rights of state citizens.[71]

West Virginia

On April 27, 2021, Governor Jim Justice signed the Second Amendment Preservation and Anti-Federal Commandeering Act (HB 2694) which prohibits the federal commandeering of employees and agencies of the state for the purpose of enforcing federal firearms laws. HB 2694 also prohibits police departments and officers from executing red flag laws or federal search warrants on firearms, accessories, or ammunition of law abiding persons.[72]

Wyoming

On March 11, 2010, Governor Dave Freudenthal signed the Wyoming Firearms Freedom Act. The text can be read here.[73]

Local laws

Summarize
Perspective

Arkansas

4 out of 75 counties have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions:

Arizona

5 out of 15 counties and 1 city have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions:[78]

California

2 out of 58 counties and 1 city have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions:

Colorado

39 out of 64 counties, 3 cities, and 4 towns have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions:[88][89][90][91][92][93][94][95][96][97][98]

Florida

38 out of 67 counties, 3 cities, and 1 town have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions.[100]

In 2013, all 67 sheriffs in Florida had signed a letter saying that they will not enforce laws that violate the Constitution or infringe on the rights of the people to own firearms.[101]

Georgia

23 out of 159 counties and 1 city have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions:

Illinois

68 out of 102 counties, 2 cities, and 4 townships have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions:[166][167][168][169][170][171][172][173][174]

Indiana

9 out of 92 counties have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions:


Kansas

1 out of 105 counties have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions:

Kentucky

115 out of 120 counties and 6 cities have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions:[186]

Louisiana

6 out of 64 parishes has adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions:[285]

Maine

1 out of 16 counties and 1 town have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions:[288]

Maryland

6 out of 23 counties have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions:

Michigan

51 out of 83 counties, 1 city, and 6 townships have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions. On February 25, 2020, the Michigan House of Representatives voted to reaffirm the Second Amendment.[293] The text can be read here.[294]

Minnesota

17 out of 87 counties have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions:

Mississippi

9 out of 82 counties have adopted Second Amendment sanctuary, safe haven, or other pro-Second Amendment resolutions:

Missouri

1 out of 114 counties have adopted Second Amendment sanctuary, safe haven, or other pro-Second Amendment resolutions:

Nebraska

4 out of 93 counties have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions:

Nevada

10 out of 16 counties have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions.[372][373][374][375][376][377][378][379]

All 17 sheriffs in Nevada (16 county and 1 Carson City) and have signed a letter expressing their support for the Second Amendment.[380]


New Jersey

7 out of 21 counties, 25 townships, and 5 boroughs (30 of 565 total municipalities) have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions:

New Mexico

26 out of 33 counties, 6 cities, and 1 town have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions;[401][402] Taos initially passed a resolution[403] but later repealed it.[404]

30 out of 33 county sheriffs have signed a letter by the New Mexico Sheriffs Association vowing to not assist in enforcing certain gun control.[405]

New York

Thumb
County opposition to SAFE Act

The SAFE Act was passed in 2013. After passage, New York counties started passing resolutions opposing the SAFE Act. There are currently 52 out of 62 counties with such resolutions. The New York State Sheriffs Association sued to block the law.[415]

1 out of 62 counties and 2 towns have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions:[416]

North Carolina

68 out of 100 counties, 1 city, and 2 towns have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions:[418]

Ohio

25 out of 88 counties and 3 township have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions:

Oklahoma

26 out of 77 counties have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions:[522]

Oregon

24 out of 36 counties and 1 city have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions:[538][539][540][541]

Pennsylvania

3 out of 67 counties and 2 townships have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions:

Rhode Island

0 out of 8 cities and 10 out of 31 towns have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions;[550][551] while Rhode Island has 5 counties, there is no local government at that level.[552]

South Carolina

3 out of 46 counties have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions:

Tennessee

53 out of 95 counties, 1 city, and 1 town have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions:[556][557][558][559][560][561][562][563][564]

Texas

77 out of 254 counties, 1 city, and 2 towns have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions:[606][607][608][609][610][611][612][613][614]

Utah

2 out of 29 counties have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions:

Vermont

0 out of 14 counties and 13 towns have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions:

Virginia

See also: 2020 VCDL Lobby Day

91 out of 95 counties, 17 out of 38 independent cities, and 40 towns have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions:[691][692][693][694][695][696][697][698]

On December 19, 2019, at the request of Del. Jerrauld C. Jones (D-Norfolk), state Attorney General Mark Herring issued an advisory opinion indicating the sanctuary resolutions were null and void.[828][829] A press release quoted him as saying: “When the General Assembly passes new gun safety laws they will be enforced, and they will be followed. These resolutions have no legal force, and they're just part of an effort by the gun lobby to stoke fear”.[828][829] Del. Todd Gilbert (R-Shenandoah) claimed that Herring's recent opinion contradicted his 2014 stance "regarding the supremacy of state law over the preferences of the officials who must enforce them".[829] Gilbert was referring to Herring's refusal to defend Virginia's Marshall-Newman Amendment, a voter-approved constitutional provision that prohibited same-sex marriages.[829][830]

West Virginia

24 out of 55 counties, 3 cities, and 2 towns have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions:

Wisconsin

20 out of 72 counties and 1 city have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions:

Local law enforcement resistance

Illinois

Besides the Second Amendment Sanctuaries listed above by law, sheriffs of 26 counties and the police chief of 1 municipality listed below have vowed not to enforce any part of gun control legislation HB 5471 or the "Protect Illinois Communities Act" signed in 2023.[881][882][883][884][885][886]

Washington

Main article: Washington Initiative 1639 § Enforcement refusals

County sheriffs in 24 of the 39 counties and the police chief of one city have vowed to not enforce parts or all of the 2018 gun control ballot measure I-1639 while it is being challenged in court:[887][888][889][890]

References

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