By Howard Fischer
Capitol Media Services/East Valley Tribune
Fearing new federal laws and regulations, a state legislator wants to provide legal cover for Arizonans who do not want to obey them — and penalties for federal officials who try to enforce them.
The proposal by Rep. Steve Smith, R-Maricopa makes it illegal for any public servant to enforce “any act, law, statute, rule or regulation” of the federal government relating to personal firearms or accessories as long as they remain within the boundaries of Arizona. And it defines public servants to include not just state and local employees but legislators, judges, jurors, witnesses and consultants who perform government functions.
But HB 2291 contains no penalties. Smith said it instead would provide a defense of sorts for those who believe the Second Amendment precludes any new rules.
That, however, is not the case for another provision which would make it a felony, punishable by a year in state prison, for federal employees or officials who try to enforce those same laws or regulations.
Smith conceded such a state law criminalizing the actions of federal employees would be considered legally suspect. But the second-term legislator said any issues are likely to be worked out in court.
Related: Guns debated within Rose Law Group
