4-15-21
The Arkansas House gave final approval to a bill that would take on federal gun control, past, present and future, banning the state from participating in the enforcement of a wide range of acts dating back to 1934. It now moves to the Governor’s desk.
Gary Stubblefield (R) and Sen. Brandt Smith (R) introduced Senate Bill 298 (SB298) on Feb. 8. The legislation would ban any person, including any public officer or employee of the state and its political subdivisions, from enforcing any past, present or future “federal statute, executive order, or federal agency directive that conflicts with Arkansas Constitution, Article 2, § 5, or any Arkansas law” relating to the right to keep and bear arms.
On April 15, the House passed SB298 by a 76-18 vote. The Senate previously approved the bill by a 28-7 vote. It now goes to Gov. Asa Hutchinson’s desk for his consideration.
DETAILS OF THE LEGISLATION
The bill includes a detailed definition of actions that conflict with the right to keep and bear arms under the Arkansas constitution and that would not be enforced by state officers, including but not limited to:
-The National Firearms Act, 26 U.S.C. § 5801 et seq.
-The Gun Control Act of 1968, 18 U.S.C. § 921 et seq.
-taxes and fees on firearms, firearm accessories, or ammunition not common to all other goods and services that would have a chilling effect on the purchase or ownership of those items by law-abiding citizens;
-registration and tracking schemes applied to firearms, firearm accessories, or ammunition that would have a chilling effect;
-any act forbidding the possession, ownership, or use or transfer of a firearm, firearm accessory, or ammunition by law-abiding citizens;
-any act ordering the confiscation of firearms, firearm accessories, or ammunition from law-abiding citizens.
State and local officials found in violation of the law would be subject to a $500 fine for each offense.
The legislation includes a provision that would allow any person or entity that violates the law and knowingly deprives somebody of their right to keep and bear arms as defined by the law to be sued for damages in civil court.