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Committee approves measure shielding state actors from enforcing federal rules on in-state firearm manufacture

CITY, COUNTY & LOCAL AFFAIRS COMMITTEE - SENATE · March 30, 2021
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Summary

The committee passed a related firearms bill as amended that would prohibit state actors from using state resources to enforce certain federal rules against firearms manufactured and retained wholly within Arkansas, while acknowledging federal agencies (ATF) retain enforcement authority.

Senator Ballinger introduced an amendment and outlined a bill aimed at limiting state involvement in enforcement of federal rules governing firearms that are manufactured and kept entirely within the state. The sponsor characterized the measure as rooted in anti-commandeering doctrine and said language was borrowed from measures adopted in other states.

Sponsor and members discussed specific carve-outs: the bill exempts ammunition with explosive components and weapons that cannot reasonably be carried by an individual (and retains ATF's federal authority). Ballinger said the objective was to refuse use of state resources for enforcement rather than to nullify federal law.

Senator Henry and other members asked about law-enforcement concerns and whether the bill would harm cooperative relationships with federal agencies; Ballinger acknowledged potential concerns but said the bill seeks to avoid tying state resources to federal mandates. Committee members probed whether the change fixes an extant operational problem; the sponsor said it addresses a perceived trajectory of federal encroachment and cited companion legislation in other states.

The committee adopted the sponsor's amendment, and a motion to pass the bill as amended (mover: Senator Flippo; second: Senator Sullivan) carried by voice vote. The committee announced the bill passed as amended.