Although gun control efforts are not new, they seem to have been ramping up over recent years. For good reason, this is making many lawful gun owners very uncomfortable. So, what was the only logical recourse? Draw from the Democrat playbook and institute 2nd Amendment sanctuary cities, counties, and states. If they can create sanctuary cities/counties/states for illegal immigrants, then the same is possible to protect a constitutional right.
What is the 2nd Amendment Sanctuary Movement?
In short, the Second Amendment Sanctuary movement is a direct response to increased gun control proposals from the federal government. The concept of universal background checks and “red flag law” legislation places law-abiding gun owners in the crosshairs.
This goes directly against the Constitutional rights of Americans, which was affirmed by the United States Supreme Court in District of Columbia v Heller, 554 U.S. 570 (2008). The ruling found that the Second Amendment expressly guarantees the right to keep and bear arms. As such, it is a fundamental right.
For this reason, pro-gun advocates sent a clear message to politicians when local governments passed Second Amendment Sanctuary resolutions. The resolutions declare that restrictive gun control laws passed by the federal government, or a state legislature, violate the Constitution.
As a result of the resolutions, County Sheriffs make it clear that they refuse to enforce restrictive gun control measures, including specific “gun safety laws” and firearm confiscation statutes.
Legalities of Second Amendment Sanctuary Resolutions
It’s important to note that regarding Second Amendment rights, federal law supersedes state law and local ordinances. So, if there is a conflict, the Federal District Court in your state determines the constitutionality of any infringement on your firearm rights. But appeals are possible and would take place in the federal circuit courts and/or the U.S. Supreme Court.
Although many view Second Amendment sanctuary resolutions as mostly symbolic, the movement is gaining enough ground to become legitimate.
In fact, Effingham County, Illinois state’s attorney Bryan Kibler (who came up with the idea) told Rolling Stone Magazine in May of 2019, “We’ve gotten past the symbolic stage. We’re standing up for ourselves.”
However, many state attorneys general are telling localities that there could be court challenges or lawsuits if they discontinue the enforcement of state gun laws.
In the case of Washington Attorney General Bob Ferguson, he threatened to hold law enforcement liable for misuse of a firearm from a prohibited person:
“However, in the event a police chief or sheriff refuses to perform the background check required by Initiative 1639, they could be held liable if there is a sale or transfer of a firearm to a dangerous individual prohibited from possessing a firearm and that individual uses that firearm to do harm.”
Of course, this doesn’t consider the possibility of the criminal illegally obtaining the firearm.
There is currently a pending case, The United States v The State of Missouri, filed in February 2022. This case’s outcome should help set a precedent and determine if this is all symbolic or has actual standing merit. We will watch for the results and report when details emerge.
Second Amendment Sanctuary Movement is Gaining Ground
As of the time of this writing, there are 19 states that have adopted 2nd Amendment Sanctuary status. Although, it’s interesting to note that some of the states adopted similar resolutions before “Second Amendment Sanctuary” was a thing.
States currently under 2nd Amendment Sanctuary status are:
- Alabama
- Alaska
- Arizona
- Arkansas
- Idaho
- Kansas
- Missouri
- Montana
- Nebraska
- New Hampshire
- North Dakota
- Oklahoma
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- West Virginia
- Wyoming
This is just over one-third of the country and growing. But the real story is the number of counties that are currently considered a Second Amendment Sanctuary County. According to SanctuaryCounties.com, as of September 2019, 1,965 counties have adopted 2A Sanctuary laws. That makes up 62.5% of American counties.
Whether they like it or not, the gun control crowd may have to come to terms with this movement. Because this is quite the hill for them to climb. The American people have spoken, and we don’t like their callous disregard for our Constitution.
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