With Joe Biden promising to do everything in his power to crush our Second Amendment freedoms, gun owners in ‘red states’ are turning to the Second Amendment Preservation Act (SAPA) to stop him and defend our freedom.
SAPA legislation isn’t that complex.
It’s based off the Constitutional anti-commandeering doctrine, which acknowledges the fact that the states are individual, sovereign entities and that the federal government can’t simply commandeer their legislative process.
Phrased another way, the states have an absolute right to reject to comply with and refuse to enforce Joe Biden’s federal gun control laws, since they don’t work for the federal government.
And this is not just a fairy tale.
The Supreme Court has upheld this concept repeatedly — going back at least as far as the 1842 Prigg v Pennsylvania decision — which held that the states could not be forced to enforce the federal Fugitive Slave Act of 1793.
Leftist justices (like Sandra Day O’Conner) and conservative justices (like Samuel Alito) alike have upheld this doctrine, knowing that without it, we may as well dissolve state legislative bodies completely.
To read more about the history of the Supreme Court’s ruling on anti-commandeering cases, spanning almost 200 years, read our earlier update here.
Once implemented, SAPA law would nullify federal gun control laws by requiring Idaho’s peace officers to only enforce state laws regarding firearms, ammo, and accessories — and only if state law complies with the Second Amendment!
So if Joe Biden passed a ban/confiscation on all AR-15’s, under SAPA law, Idaho’s state, county and municipal authorities would be required to ignore it as it doesn’t comply with Idaho code.
The same would be true for a national ‘Red Flag Gun Seizure’ law, magazine ban, national gun registry or any of the rest of the tyrannical laws that Joe Biden’s team would try to pass.
Some of you have been asking us about potential problems that a SAPA law could cause for peace officers here in Idaho, so we’re going to be addressing those concerns here.
Would SAPA law prevent Idaho peace officers from being involved in task force work that involves local and federal authorities?
Answer: No, nothing in this bill would prevent Idaho peace officers from working in a joint task force.
Would SAPA legislation prevent federal authorities from enforcing federal gun control laws in Idaho?
Answer: No, this legislation is only applicable to Idaho’s peace officers. But the enforcement of federal law has always fallen to local authorities. That would cease under SAPA law.
Wouldn’t SAPA legislation make it easier for criminals to avoid prosecution for violent crimes related to guns?
Answer: Not at all. State law already prohibits the same sorts of violent crimes (murder, robbery, aggravated assault, etc.) related to guns that federal law does.
Why does SAPA law require that Idaho’s peace officers ignore all federal gun laws, not just new ones that violate the Second Amendment?
Answer: To be consistent, it’s important that SAPA law treat all federal gun laws the same.
Tell me again how this stops an anti-gun police chief in Idaho from enforcing federal gun control.
Answer: The bill we will be bringing forward allows individual gun owners to bring government officials who violate their rights to civil court on their own initiative to seek relief.
Would other government officials, like an anti-gun mayor who orders his police department to ignore SAPA and enforce federal gun control laws, get off scot-free under this law?
Answer: No, any government official who violates SAPA law would be in violation of the law and open to civil lawsuits from the impacted gun owner.
Why does this legislation use civil fines as the remedy for gun owners who are victimized by government officials who violate SAPA law? Why not have the AG bring criminal charges?
Answer: Because that simply will not happen. Even here in Idaho with a Republican Attorney General, there’s just no way to know that they would have the political guts to intervene on behalf of gun owners.
If you have more questions about what SAPA law is and how it would work, feel free to email us. The bottom line is that this concept is Constitutionally sound and has been upheld by the Supreme Court repeatedly.
The only real question remaining is whether or not the politicians in Boise are willing to pass this bill and protect gun owners in Idaho, or not.
Understand that we are no longer dealing with ‘blue dog’ Democrats in Washington who want to make a lot of noise about attacking our gun rights, while doing very little.
Those days are gone.
Joe Biden, and much more importantly the people who are surrounding him like Kamala Harris, Beto O’Rourke, Michael Bloomberg and Alexandria Ocasio-Cortez hate gun owners like you and me — and they want to crush our Second Amendment freedoms forever!
And with as much weakness as we’ve seen from Republicans in Washington, D.C. over the last few years, it would be silly for us to put our trust in them completely.
SAPA legislation is our fall back.
SAPA legislation is what ensures that gun owners in Western states aren’t forced to live under the radical gun laws of places like New York, California or Washington, D.C.
But it won’t happen without a tremendous amount of grassroots pressure from gun owners like you, so please sign your petition right away.
And when you’re done, I hope you will also consider making a generous donation to help us mobilize as many gun owners as possible in support of this legislation!
Idaho Second Amendment Alliance
P.S. With Joe Biden already promising to come after gun owners with everything he’s got this year, we need to do everything we can to safeguard our Second Amendment freedoms here in Idaho.
That’s why we need to pass the Second Amendment Preservation Act! Read the email above for more information on this vital legislation!
And to make a donation to help us fight for SAPA law here in Idaho, please go here.