Members of the North Carolina General Assembly are seeking to pass what would be the strongest and most comprehensive gun control nullification bill in the country.
House Bill 189 (H189), titled the “Second Amendment Protection Act,” is sponsored by 30 representatives, or 25% of the House.
The bill makes several declarations, including support for a limited federal government as stipulated in the 10th Amendment, the invalidity of federal powers not enumerated in the Constitution, and an elaboration of what policies the federal government and the Georgia state government can and cannot constitutionally enforce.
Next, the bill gives a list of policies, which might be contained in “federal acts, laws, executive orders, administrative orders, court orders, rules, and regulations,” that violate the U.S. Constitution’s Second Amendment and Article I, Section 30, of the North Carolina Constitution. These include any tax that might discourage gun purchases or ownership; gun confiscation laws; laws that prohibit law-abiding individuals to own, use, or transfer guns; and laws mandating the tracking and registration of firearms, firearm owners, gun accessories, or ammunition.
Importantly, H189 nullifies both past and future unconstitutional firearm restrictions. Additionally, while the bill does not name any specific federal laws, the Tenth Amendment Center reports that the 1934 National Firearms Act and the 1968 Gun Control Act would be included among the laws nullified.
The rest of the bill primarily ensures that government officials at the state and local levels do not enforce the listed unconstitutional federal gun control policies and provides citizens with a means of redress if their self-defense rights are violated.
Although H189 does not mention it by name, it is an excellent application of Article VI of the U.S. Constitution, which states “[t]his Constitution, and the Laws of the United States which shall be made in Pursuance thereof … shall be the supreme Law of the Land.”
Since the various forms of infringement outlined in H189 violate the Second Amendment and, by extension, the U.S. Constitution, they cannot be considered “made in Pursuance thereof” and, thus, are not “the supreme Law of the Land.” Unfortunately, in the last several decades, thousands of unconstitutional laws on the federal, state, and even local levels have been created and enforced.
Because of this, it is important that officials at all levels of government begin to push back against this lawless regime and robustly enforce the Constitution and only those laws “made in Pursuance thereof.” H189 is a strong start to this and is an excellent model for other states to follow.
Urge your state representative and senator to support H189 and to push back against all other unconstitutional laws at every level of government.
Although we provide a way to easily email legislators (blue box), we know from long experience that it takes a lot more interaction with your legislators to get your point across than that provided by emails alone.
That's why we provide an easy way not only to email them, but to contact them by phone, tweet, and even video message them.
