Numerous state bills introduced in the last several weeks regarding firearms purport to either nullify federal laws and actions or exempt firearms made in a state (declaring them intrastate items and not subject to the U.S. Constitution’s commerce clause). Several, however, go further and threaten or allude to criminal penalties for federal and state officials, including state judges and jurors by name, should they enforce or uphold such federal laws or actions.
Texas HB 553 for example provides
A person who is a Peace Officer, State Officer, or State Employee commits an offense if the person, while acting under color of the person’s office or employment, intentionally enforces or attempts to enforce any acts, laws, executive orders, agency orders, rules or regulations of any kind whatsoever of the United States government relating to confiscating any firearm, banning any firearm, limiting the size of a magazine for any firearm, imposing any limit on the ammunition that may be purchased for any firearm, taxing any firearm or ammunition therefore, or requiring the registration of any firearm or ammunition therefore.
Arizona’s HB 2291 and SB 1122 both are silent on what penalties a public servant faces for enforcing a federal firearms law, but include within the definition of those covered both state judges and jurors.
For the purposes of this section, “public servant” means any officer or employee of this state or any political subdivision of this state, including legislators and judges, and any person who participates, as juror, witness, advisor, consultant or otherwise, in performing a government function.
The Senate version is set for a hearing before that chamber’s Public Safety committee on January 30.
Full list of all such legislation below the fold.
Update 1/28/13 @ 2:00 PM added Missouri & Pennsylvania bills
» Read more: State nullification laws provide for criminal punishment of state judges & jurors who enforce or uphold federal firearms law