2016 -- H 7680

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LC004764

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - SECOND AMENDMENT

PRESERVATION ACT

     Introduced By: Representatives Nardolillo, Chippendale, Price, and Roberts

     Date Introduced: February 24, 2016

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND

GOVERNMENT" is hereby amended by adding thereto the following chapter:

CHAPTER 158

SECOND AMENDMENT PRESERVATION ACT

     42-158-1. Short title. – This act shall be known and may be cited as the "Second

Amendment Preservation Act".

     42-158-2. Legislative findings. – The general assembly finds and declares:

     (1) That the right to keep and bear arms is a fundamental individual right that shall not be

infringed;

     (2) That it is the intent of the general assembly in enacting this act to protect state

employees, including law enforcement officers, from being directed, through federal executive

orders, agency orders, statutes, laws, rules, or regulations enacted or promulgated on or after the

effective date of this act, to violate their oath of office and individual rights affirmed under the

Second Amendment to the Constitution of the United States and R.I. Const., Art. I, Sec. 22;

     (3) That pursuant to and in furtherance of the principles of federalism enshrined in the

Constitution of the United States, the federal government may not commandeer this state's

officers, agents, or employees to participate in the enforcement or facilitation of any federal

program not expressly required by the Constitution of the United States;

     (4) That this right to be free from the commandeering hand of the federal government has

been most notably recognized by the United States Supreme Court in Printz v. United States

when the court held: "The Federal Government may neither issue directives requiring the states to

address particular problems, nor command the states' officers, or those of their political

subdivisions, to administer or enforce a federal regulatory program."; and

     (5) That the anti-commandeering principles recognized by the United States Supreme

Court in Printz v. United States are predicated upon the advice of James Madison, who in

Federalist #46 advised "a refusal to cooperate with officers of the union" in response to either

unconstitutional federal measures or constitutional but unpopular federal measures.

     42-158-3. Prohibitions. – (a) Other than in compliance with an order of a court, and

notwithstanding any law, regulation, rule, or order to the contrary, no agency of this state,

political subdivision of this state, or employee of an agency or political subdivision of this state

acting in their official capacity shall knowingly and willingly participate in any way in the

enforcement of any federal act, law, order, rule, or regulation issued, enacted or promulgated on

or after the effective date of this act regarding a personal firearm, firearm accessory, or

ammunition.

     (b) Other than in compliance with an order of a court and notwithstanding any law,

regulation, rule, or order to the contrary, no agency of this state, political subdivision of this state,

or employee of an agency or political subdivision of this state acting in their official capacity

shall utilize any assets, state funds, or funds allocated by the state to local entities on or after the

effective date of this act, in whole or in part, to engage in any activity that aids a federal agency,

federal agent, or corporation providing services to the federal government in the enforcement of

any investigation pursuant to the enforcement of any federal act, law, order, rule, or regulation

issued, enacted or promulgated on or after the effective date of this act regarding a personal

firearm, firearm accessory, or ammunition.

     42-158-4. Penalties. – (a) Any agent or employee of this state, or of any political

subdivision of this state who knowingly violates the prohibitions in §42-158-3 shall, on a first

violation, be liable for a civil penalty not to exceed three thousand dollars ($3,000) which shall be

paid into the general fund of the state, and on a second or subsequent violation shall be guilty of a

misdemeanor.

     (b) A political subdivision of this state may not receive state grant funds if the political

subdivision adopts a rule, order, ordinance, or policy under which the political subdivision

violates §42-158-3. State grant funds for the political subdivision shall be denied for the fiscal

year following the year in which a final judicial determination in an action brought under this

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section is made that the political subdivision has intentionally required actions which violate the

prohibitions of §42-158-3.

      42-158-5. Severability. – The provisions of this act are hereby declared to be severable

and if any provision of this act or the application of such provision to any person or circumstance

is declared invalid for any reason, such declaration shall not affect the validity of the remaining

portions of this act.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - SECOND AMENDMENT

PRESERVATION ACT

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     This act would prohibit the use of state funds, personnel or property in the enforcement of

federal firearms laws or regulations.

     This act would take effect upon passage.

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