[Vol. 50: 1, 2023] Second Amendment Sanctuaries
PEPPERDINE LAW REVIEW
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The Arizona Firearm Freedom Act (House Bill 2111) prohibits the state and all of its political
subdivisions from assisting in the enforcement of federal firearm laws and regulations when they are
inconsistent with state law. ARIZ. REV. STAT. ANN. § 1–272 (2021) (enacting House Bill 2111 into
law). The Arizona law uses the label Firearms Freedom Act, but deploys the tool of nonenforcement
rather than nullification, declaring the following:
[T]his 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 regard-
ing the regulations of firearms.
See id.
The Idaho Firearm Accessories and Components Act provides the following:
All Idaho government entities are prohibited from using any personnel, funds, or other
resources to enforce, administer, or support the enforcement of any executive order, agency
order, treaty, law, rule, or regulation of the United States government enacted or promul-
gated on or after the effective date of this act upon a firearm, firearm component, firearm
accessory, or ammunition if contrary to the provisions of section 11, article I of the consti-
tution of the state of Idaho.
IDAHO CODE § 18–3315B (2021).
Missouri’s Second Amendment Preservation Act (House Bill 85) rejects the federal govern-
ment’s ability to regulate the manufacturing and ownership of firearms within Missouri’s borders. See
MO. ANN. STAT. § 1.410 (West 2021) (enacting House Bill 85 into law).
North Dakota House Bill 1383 prohibits state enforcement or assistance in the enforcement of
federal firearms laws enacted after January 1, 2021, that are more restrictive than state law. N.D.
CENT. CODE § 62.1–01–03.1 (2021) (enacting House Bill 1383 into law); see also Burgum Designates
North Dakota as a ‘Second Amendment Sanctuary State,’ Signs Bills Protecting Gun Rights, N.D.
OFF. OF THE GOVERNOR (Apr. 26, 2021, 12:50 PM), https://www.governor.nd.gov/news/burgum-des-
ignates-north-dakota-second-amendment-sanctuary-state-signs-bills-protecting-gun (detailing North
Dakota’s newly enacted SAS policies).
Oklahoma’s Second Amendment Sanctuary State Act provides that “[a]ny federal, state,
county or municipal act, law, executive order, administrative order, court order, rule, policy or regu-
lation ordering the buy-back, confiscation or surrender of firearms, firearm accessories or ammunition
from law-abiding citizens of this state” will be unlawful as “an infringement on the rights of citizens
to keep and bear arms.” OKLA. STAT. tit. 21, § 1289.24e (2021); see also Governor Makes Oklahoma
a Second Amendment Sanctuary State by Signing Senate Bill 631 into Law, OKLA. SENATE (Apr. 27,
2021, 11:34 AM), https://oksenate.gov/press-releases/governor-makes-oklahoma-second-amend-
ment-sanctuary-state-signing-senate-bill-631-law (reporting on Oklahoma being declared a SAS).
South Carolina House Resolution 3094, also known as the Open Carry with Training Act, pro-
vides that “[t]he 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, whether carried openly
or concealed. S.C. CODE ANN. § 23–31–250 (2021) (enacting House Resolution 3094 into law). The
Attorney General must first evaluate any such law and issue a written opinion on its enforceability.
Id.
The Tennessee Second Amendment Sanctuary Act (Senate Bill 1335) 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. TENN. CODE ANN. § 38-3-119
(2021) (enacting Senate Bill 1335 into law).
The Texas Second Amendment Sanctuary State Act (House Bill 2622) prohibits state assis-
tance in enforcement of federal gun laws stricter than the laws of Texas. TEX. PENAL CODE ANN. §
1.10 (West 2021) (enacting House Bill 2622 into law).