SB399
To Create The Anti-atf Commandeering Act; And To Prohibit The Provision Of Material Aid And Support For Enforcement Of Federal Firearms Laws.
Last Action (May 5, 2025): Died in Senate Committee at Sine Die adjournment.
Sponsors
AI-Generated Summary
Senate Bill 399, titled the 'Anti-ATF Commandeering Act,' prohibits the State of Arkansas and its political subdivisions from providing material aid or support to the federal government for the enforcement of federal firearms laws, regulations, executive orders, or treaties. The bill forbids public employees and elected officials from actively enforcing such federal laws or referring violations of these laws to the federal government. Violations of the prohibition against referring cases to federal authorities will result in the termination of a public employee's employment. The legislation establishes a civil remedy process, allowing individuals subjected to violations to seek damages through the Arkansas State Claims Commission or the state circuit court system, with a set award of $50,000 per violation. The bill explicitly excludes emergency medical care and life-saving assistance from the definition of 'material aid and support.' Additionally, it clarifies that state law enforcement may still enforce state-level firearm laws and utilize information from federal agencies to enforce those state laws.
Potential Impact Analysis
Who Might Benefit?
The primary beneficiaries of this bill are individuals and organizations who advocate for states' rights and opposition to federal firearms regulation, as the bill limits federal oversight within the state. Gun owners who are concerned about federal intervention or the expansion of federal firearms regulations would benefit from the reduced state cooperation with federal agencies. Additionally, public employees and law enforcement who wish to avoid participating in federal-level firearm enforcement efforts or investigations would be shielded by this policy.
Who Might Suffer?
The primary entities negatively impacted by this bill are federal law enforcement agencies, such as the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), which would lose the assistance and resources currently provided by state and local authorities in enforcing federal gun laws. Additionally, local government bodies and taxpayers may be negatively impacted by the potential for significant legal costs and court-ordered damages of $50,000 per violation if officials fail to comply with the new restrictions. Public employees who find themselves in a position of potential conflict between state and federal law requirements may also face job security risks, particularly the risk of termination for referring federal violations.
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