State vs Feds on Gun Bans
Paul Bedard wrote an article titled Law would fire sheriffs for defying gun control measures on WashingtonExaminer.com. In it he states the new law “…would remove any elected or appointed law enforcement officer…stating that they will not obey federal orders.”
This comes as a response, from Dallas, TX Democrat Yvonne Davis, to the increasing number of sheriffs that have openly stated they would not enforce new firearm bans. You can read the text of HB2167 courtesy of legisan.com.
Some states have even introduced bills to the contrary, Wyoming’s HB0104 (PDF) seeks to nullify enforcement of any federal bans.
No public servant as defined in W.S. 6-5-101, or dealer selling any firearm in this state shall enforce or attempt to enforce any act, law, statute, rule or regulation of the United States government relating to a personal firearm, firearm accessory or ammunition that is owned or manufactured commercially or privately in Wyoming and that remains exclusively within the borders of Wyoming.
While some declare this WY move as unconstitutional, WY is claiming any Federal ban would itself be unconstitutional under the second and the tenth amendment (below).
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.