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Alabama Senate votes to ignore federal gun laws that are in 'violation' of Second Amendment

by Kim Chandler

MONTGOMERY, Alabama - The Alabama Senate this morning voted 24-6 for a bill that would declare federal gun control laws to be null and void in Alabama if they were in "violation of the Second Amendment."

Sen. Paul Sanford, R-Huntsville, said the law would put the federal government on notice that the state would not enforce "unconstitutional" gun control laws. 

"They are not going to use our law enforcement resources to enforce their law that we believe is unconstitutional," Sanford said during the debate.

Sanford said he sponsored the bill after receiving hundreds of emails and calls from constituents concerned about proposed gun control measures in Congress.

"They are not going to use our law enforcement resources to enforce their law that we believe is unconstitutional"

The bill states that "all federal acts in violation of the Second Amendment of the United States Constitution" are null and void and won't be enforced in Alabama.

However, the bill also declares that, "All federal acts, laws, orders, rules or regulations regarding firearms are a violation of the Second Amendment."

Asked about that language in the bill, Sanford said it isn't his intent to try to nullify all federal gun laws.

Sanford said he wanted to give the state the option on future measures.

"Rather than immediately go to court, the state would say we are not going to follow that and participate in that," Sanford said.

Sen. Bobby Singleton, D-Greensboro, said the Supremacy Clause of the Constitution states that federal law is superior to state law.

"This bill is null and void on its face," Singleton said.

Sen. Dick Brewbaker, who voted for the bill, noted that nullification has been a losing battle for the states ever since South Carolina tried to undo a tariff during President Andrew Jackson's administration.

"If it's an unconstitutional law than the Supremacy Clause has no standing," Sanford responded.

The bill is similar to a measure recently signed into law in Kansas.

"That doesn't make it right," Singleton said.

"That doesn't mean it's wrong," Sanford responded.

Sanford said there were not any federal gun laws he could immediately think of that he considered in violation of the Second Amendment. However, he said he thought an assault weapons ban might be.

The bill now moves to the House of Representatives.

The Associated Press contributed to this report.