Good Bill
Sponsors: Rep. Brandi Bradley (R-Roxborough Park), Rep. Scott Bottoms (R-Colorado Springs)
The bill declares federal laws that infringe on Second Amendment rights “null and void” in Colorado. State and local law enforcement cannot enforce federal firearms laws the General Assembly determines violate the Second Amendment. The legislation prohibits Colorado agencies from providing material support, participation, or assistance in enforcement of federal firearms regulations declared unconstitutional.
Current federal firearms law includes the National Firearms Act (26 U.S.C. § 5801 et seq.), Gun Control Act (18 U.S.C. § 921 et seq.), and Bureau of Alcohol, Tobacco, Firearms and Explosives regulations. The bill does not specify which federal laws it deems unconstitutional.
The Tenth Amendment reserves to states powers not delegated to the federal government. The anti-commandeering doctrine from Printz v. United States, 521 U.S. 898 (1997) prohibits federal government from commanding state officers to enforce federal law. The Supremacy Clause in Article VI establishes federal law as supreme when constitutional.
Questions include whether state legislatures can determine federal laws’ constitutionality independent of federal courts, whether the bill conflicts with federal firearms enforcement authority, and how law enforcement agencies navigate conflicting federal and state directives in joint task forces.
House Judiciary will hear the bill Tuesday, February 17. Representatives Bradley and Bottoms both serve on Judiciary Committee.
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