Last week, Gov. Mike Rounds signed the South Dakota Firearms Freedom Act, just days after Gov. Dave Freudenthal from neighboring Wyoming placed his signature on similar legislation. With the governors’ action, the two states joined Montana, Tennessee and Utah as states that have passed firearms sovereignty laws in the past two years.
And just yesterday, lawmakers in Arizona sent its version of the Firearms Freedom Act to Gov. Jan Brewer, who is expected to sign the bill into law.
Similar measures appear to be on the fast track in Oklahoma, Alaska and Idaho in the current legislative session. A total of 19 other state legislatures had similar bills introduced this year.
State firearms groups in Montana—as the first state to pass a Firearms Freedom Act in 2009—have filed a lawsuit in federal court to validate the principles and terms of the Montana Firearms Freedom Act (MFFA). Led by the Montana Shooting Sports Association, the suit does not contend that the federal government has no authority to regulate firearms, but rather that courts have misinterpreted interstate commerce regulations under the Tenth Amendment to the U.S. Constitution.
In addition to its firearms sovereignty provisions, Wyoming’s Firearms Freedom Act goes further, providing that any state or federal official who tries to enforce any federal gun law on firearms made and sold in Wyoming may face a $2,000 fine and up to a year in prison.
While some contend that the thought of county sheriffs arresting U.S. marshals who try to enforce federal gun laws in Wyoming conjures up images of vigilantes and the old West, supporters say it is intended to be a symbolic assertion of Wyoming residents’ constitutional rights. “I think it sends a message that the state, and I think the Legislature, represented the voters and the residents of the state, in telling the feds that we don’t want the federal government interfering with our right to bear arms,” said bill co-sponsor Sen. Bruce Burns (R-Sheridan), a co-sponsor of the bill.