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By Dean Weingarten

Idaho Capitol Building

Idaho Capitol Building

Dean Weingarten

Dean Weingarten

Arizona - -(Ammoland.com)- With the campus carry bill that Governor Otter just signed into law taking up all the oxygen in Idaho, few were paying attention to the effective nullification bill that is now going to the Governor’s desk.

S1332  is effective nullification of federal gun confiscation.  It unanimously passed the senate and the house!

The bill is likely to be signed by Governor Otter.  It effects legislation, executive orders, or other federal actions that take place after it becomes law, and unlike other attempts at nullification law, it does not prescribe penalties for federal officers, only for state and local officers.

The bill makes it illegal for state and local officers to order confiscations of firearms required by future federal law.   This type of action has long been established as constitutional, with recent precedents.   The medical marijuana laws are a clear example.

There are several exceptions in the law that account for its unanimous passage.  Court orders from a judge are excepted.   The law explicitly allows for cooperation with federal agents on drug and gang prosecutions.   Still, the principle of state nullification by refusal to cooperate is significant, even if for the relatively narrow circumstances of direct firearms or accessory confiscations, without court orders.

The law would effect a future federal ban on the possession of standard capacity magazines, for example.   State officials would be prohibited from ordering confiscation of such magazines.

c2014 by Dean Weingarten: Permission to share is granted when this notice is included. Link to Gun Watch

About Dean Weingarten;

Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of constitutional carry was attained. He has degrees in meteorology and mining engineering, and recently retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.

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  • 4 User comments to “Nullification of Federal Confiscation goes to Idaho Governor Otter”

    1. I am waiting for the state that has the guts to declare federal agents in within their borders as LEGAL TARGETS .

    2. Oldguy49 on March 16, 2014 at 1:52 AM said:

      hmmm………..

      If a judge signed off on a confiscation of all civilian firearms order where would this be?

    3. Is’nt tax season when you can shoot at tax agents? Just kidding guys. I do think more states must nullify fedral laws. Maybe then D.C. liberals woulx get the message.

    4. Joe Smith on March 18, 2014 at 2:03 PM said:

      Well another bill that effectively does nothing. This is a mockery of the term nullification. It says the federal government can do whatever you they want with guns, the state just won’t help them enforce it. This is a cowardly political move to fool the people. Nullification would make it illegal for federal agents to enforce those laws… but this new law allows the fed full power over enforcement. ridiculous. what a waste of time and energy…. all just to fool the voters.

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