How States Can Protect the 2nd Amendment from Federal Abuse

Found here: tenthamendmentcenter.com by TJ Martinell

Members of Congress who want to infringe on your right to keep and bear arms will never give up. Fortunately, through our states we can effectively render any new federal gun laws powerless by using a legal doctrine upheld repeatedly by the Supreme Court.

This is done by depriving the feds of any enforcement assistance by local law enforcement agencies in their state, a doctrine known as “anti-commandeering.”

Essentially, it provides that state legislation can prohibit state law enforcement from aiding the federal agencies attempting to enforce federal gun laws.

In other words, the federal government cannot require a state to carry out federal acts. The federal government can pass a law and try to enforce it, but the state isn’t required to help them.

Is this legal?

It is according to the US Supreme Court. For 150 years it has repeatedly affirmed the constitutionality of anti-commandeering laws.

Relevant court cases include:

* 1842 Prigg v. Pennslvania: The court held that states weren’t required to enforce federal slave rendition laws.

* 1992 New York v. US: The court held that Congress couldn’t require states to enact specified waste disposal regulations.

* 1997 Printz v. US: The court held that “the federal government may not compel the states to enact or administer a federal regulatory program.”

* 2012 Independent Business v. Sebelius: The Court held that the federal government can not compel states to expand Medicaid by threatening to withhold funding for Medicaid programs already in place.

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