A model Second Amendment Sanctuary bill for Florida

A Second Amendment Sanctuary bill recently filed in the Texas legislature could serve as a model for Florida and other states.

Crafting new legislation is a difficult process — ask any lawmaker or lobbyist.

There are hidden pitfalls — mostly legal — and hidden plaintiffs who can derail the best of intentions.

It is much easier to cut and paste an existing piece of legislation.

A Texas State Representative recently introduced a bill, which would create a statewide Second Amendment sanctuary.

In a nutshell, the Texas bill makes it illegal for government officials in Texas — state, county or local — to assist federal agents if they are enforcing “a federal statute, order, rule, or regulation purporting to regulate a firearm, a firearm accessory, or firearm ammunition if the statute, order, rule, or regulation imposes a prohibition, restriction, or other regulation, such as a capacity or size limitation or a registration requirement, that does not exist under the laws of this state.”

To sum, if there’s a federal gun law that doesn’t exist in Texas, it’s against the law for any Texas law enforcement officer or government official to help the feds enforce it.

If an agency does, they could lose their state funding for the next fiscal year.

That, folks, is a big stick, and it provides a lot of cover for Sheriffs and Chiefs of Police who remember the oath they took to uphold the Constitution.

The bill would also allow citizens to take complaints straight to the Texas Attorney General, who would be authorized to sue any agency that violates the bill.

And if the feds target Texas, the AG would defend the state: “The attorney general shall defend any agency of this state that the federal government attempts to sue for an action or omission consistent with the requirements of this section.”

What’s not in the bill

I like this piece of legislation for what it includes and for what it has left out.

There is nothing in the bill that criminalizes the actions of any future gun-grabbing federal agents.

As much as I’d like to see gun confiscations outlawed — especially by federal agents — if it was included in the bill, and the bill was signed into law, the Justice Department would sue the state immediately, according to the experts I’ve spoken to.

This would tie up the legislation for years — years — and it would end up costing the state millions of taxpayer dollars.

In my humble opinion, this is a great foot-in-the-door bill. Besides, outlawing federal overreach in a free state is something that can always be revisited later.

This bill is far more than a feel-good resolution.

Not only does it send a clear message to Washington, it warns state officials not to get involved in violating their residents’ God-given, constitutional rights.

Nowadays, public officials need to hear that message as often as possible.

As it stands now, the bill looks solid. It’s something we could certainly use in Florida.

Now, all we have to do is find a politician who knows how to cut and paste.

Any suggestions?

As always, thanks for your time.

Lee