Florida needs the Second Amendment Preservation Act passed in the 2023 session
Yes, we still need to pass permit less carry. It is an important piece to shutting down federal usurpation of the right to keep and bear arms. It’s an important piece to be sure, and the FLSAPA bill would help nail the door shut to federal arms law enforcement.
Civilian disarmament is the new gun control. Joe Biden and his Republican accomplices see their latest unconstitutional legislation as only a start “I wish there was more in this package of bills and I will do everything whatever I can to get more in this package of bills,” he told CNN. “This is not the beginning or the end… this is part of a process.” Biden reiterated his calls for an assault weapon ban and other actions toward gun violence prevention like expanding background checks on Monday at the event.
Why the Second Amendment Preservation Act?
Tenth Amendment Center Director Michael Boldin explains here: “Because the feds rely on state and local law enforcement help to enforce federal measures, passing a state law banning such assistance will make federal gun control “nearly impossible to enforce.” Our strategy follows the advice of both James Madison and Thomas Jefferson – and is even supported by over 150 years of Supreme Court precedent.
STATES: BAN ENFORCEMENT OR SUPPORT OF ANY FEDERAL GUN CONTROL (pdf here)
Bans the state, and all its political subdivisions, from enforcing or assisting in the enforcement of any federal acts, laws, rules, regulations or orders on firearms, firearm accessories, or ammunition: past, present, or future. ‘
What would the Florida version look like?
HB 733 (2014) - Federal Regulation of Firearms
General Bill by Eagle (CO-SPONSORS) Albritton; Beshears; Caldwell; Diaz, M.; Fitzenhagen; Fresen; Hooper; Hutson; Mayfield; O'Toole; Rodrigues, R.; Santiago; Smith.
Federal Regulation of Firearms: Designates act as "Second Amendment Preservation Act"; provides legislative findings; prohibits specified actions to enforce certain federal regulations of firearms & ammunition; provides for loss of position or office of agent or employee of state who violates prohibition.
This was our 2014 bill introduced in the Florida House. No Florida senator would sponsor.
Some rewording required to reflect possible updating changes. This should give the reader the general idea.
A bill to be entitled 2 An act relating to federal regulation of firearms; 3 providing a short title; providing legislative 4 findings; creating s. 790.339, F.S.; prohibiting 5 specified actions to enforce certain federal 6 regulations of firearms and ammunition; providing for 7 loss of position or office of an agent or employee of 8 the state who violates the prohibition; providing a 9 directive to the Division of Law Revision and 10 Information; providing an effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1. This act may be cited as the "Second Amendment 15 Preservation Act." 16 Section 2. This act shall have no effect on the right to 17 keep and bear arms pursuant to the Florida Constitution and 18 defined by state law. 19 Section 3. The Legislature finds that the Second Amendment 20 to the United States Constitution reads as follows: "A well 21 regulated militia, being necessary to the security of a free 22 State, the right of the people to keep and bear arms, shall not 23 be infringed." The Legislature finds the enforcement of firearms 24 and ammunition regulations remains a power reserved to the State 25 of Florida and the people therein. 26 Section 4. Section 790.339, Florida Statutes, is created HB 733 2014 CODING: Words stricken are deletions; words underlined are additions. hb0733-00 Page 2 of 3 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 27 to read: 28 790.339 Federal infringement of Second Amendment rights 29 prohibited.— 30 (1) Notwithstanding any provision of law, the State of 31 Florida and its agencies, political subdivisions, constitutional 32 officers, officials of its agencies and subdivisions, and their 33 successors, or an employee of such an agency acting in his or 34 her official capacity, or a corporation or person providing 35 services to or on behalf of this state shall not, concerning any 36 act, law, order, rule, or regulation, whether past, present, or 37 future, of the Federal Government relating to a personal firearm 38 or firearm accessory within this state that applies to a 39 personal firearm or firearm accessory based on the design, 40 features, or characteristics of the firearm or accessory: 41 (a) Enforce any such federal act, law, order, rule, or 42 regulation. 43 (b) Provide material support to, participate with, or 44 assist, in any form, any federal agency or employee engaged in 45 the enforcement of any such federal act, law, order, rule, or 46 regulation or any investigation pursuant to the enforcement of 47 any such federal act, law, order, rule, or regulation. 48 (c) Use any state assets, state funds, or funds allocated 49 by the state to local entities on or after the effective date of 50 this act, in whole or in part, to engage in any activity that 51 aids a federal agency, federal agent, or corporation providing 52 services to the Federal Government in the enforcement of any such federal act, law, order, rule, or regulation or any 54 investigation pursuant to the enforcement of any such federal 55 act, law, order, rule, or regulation as these federal laws shall 56 not be recognized by this state, are specifically rejected by 57 this state, and shall be of no effect in this state. 58 (2) An agent or employee of this state who knowingly 59 violates subsection (1) shall be deemed to have resigned a 60 commission from this state that he or she may possess, and his 61 or her position or office shall be deemed vacant. 62 Section 5. The Division of Law Revision and Information is 63 directed to replace the phrase "the effective date of this act" 64 wherever it occurs in this act with the date this act takes 65 effect. 66 Section 6. This act shall take effect upon becoming a law.
Could you be more specific as to what this law would do if passed?
Yes. The bill bans the state of Florida from helping the federal government enforce federal acts regarding personal firearms and accessories.
All federal gun laws are unconstitutional - and Florida should not be helping enforce those laws.
The point is to stop the state of Florida from violating the 2nd Amendment. The SAPA is a big step towards that.
Law enforcement agencies have opposed this bill in every state introduced. It is likely they will do that in Florida too.
A: You can't have it both ways, either you support the 2nd Amendment or you don't. You CAN NOT support the 2nd Amendment while helping the federal government enforce their gun laws. This bill bans them from helping the federals.
What about state gun laws?
This bill has nothing to do with state gun laws - it's about banning the state from helping the federal government violate the 2nd amendment. People who believe in the right to keep and bear arms want to look at state laws too - but this bill is very specific - in stopping the egregious practice of Florida helping Washington DC violate the 2nd Amendment.
As Laurence Vance wrote on July 6, 2022, “ It was just last month that 15 Republican senators and 14 Republican representatives voted with Senate and House Democrats to pass the Democrat’s latest gun-control bill. Whenever there is a high-profile mass shooting, some conservatives will join with liberals in supporting more gun-control laws. But even though the Second Amendment has no exceptions, even the most conservative members of Congress support the federal National Instant Criminal Background Check System (NICS), federal licensing of gun dealers, the federal Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), and federal bans on certain types of guns.”
The Second Amendment Preservation Act would limit federal ability to enforce their unconstitutional arms laws. The supporters of civilian disarmament will stop at nothing to achieve their goal. Their accomplices claiming to be “2A supporters” are their allies, not ours. They too are the enemy.
There is no better time to build this wall than now.
Andrew Nappi is the original Florida Tenth Amendment Center state director. Nappi was blessed to be able to work with Michael Boldin in those early days and has remained passionate about state nullification and the duty to resist federal over reach.