North Dakota Passes Law Exempting Firearms, Ammo, and Accessories From Federal Regulation
Lawmakers in North Dakota are pushing back against restrictive gun laws in their latest House Bill 1272. The bill would give gun owners freedom from federal laws and regulations when it comes to their firearms. However, the bill will only apply to firearms and accessories that are made in the state and do not leave the state.
Republican representative Luke Simons is sponsoring the bill that was favored in a 69 to 23 vote. The overwhelming favor will send it over to the Senate to be debated on.
The bill explains, “a personal firearm, firearm accessory, or ammunition manufactured commercially or privately in the state and which remains within the state is not subject to federal law or federal regulation.” Proponents of the bill argue that the bill will help protect citizens’ second amendment rights.
The “firearm sanctuary bill” has received a fair amount of criticism as well. Many Democrats argue that the bill will have lasting consequences, including encouraging residents of the state to manufacture their own firearms by the use of 3D printing. In doing so, the law paves the way for individuals to manufacture guns and accessories such as bump stocks that have been banned by federal law.
Bump stocks have been at the center of the heated gun debate as they provide semi-automatic weapons the ability to fire as if they were fully automatic weapons. Critics argue that the bill would create an environment for unsafe gun use.
Proponents of firearm regulation like The Brady Plan argue against the bill. They explain, “‘Second Amendment sanctuaries’ are built entirely upon a tightly held and inaccurate belief that common-sense gun safety laws are unconstitutional. This movement is a clear backlash orchestrated by the gun lobby in response to recent wins in gun reform. Over recent years, voters across the country have elected lawmakers committed to preventing gun violence by passing common-sense and evidence-based measures like universal background checks, safe storage laws, and extreme risk laws. The extreme gun rights advocates behind so-called 'Second Amendment sanctuaries' want to stop these laws before they can go into effect.”
The law comes after the Biden administration has pushed hard against assault rifles and certain accessories. Simons explains “The truth is that in the Second Amendment you have the right to bear arms and the reason you have that right is to defend against foreign and domestic terrorists. The reason you have the right to bear arms is to protect all the rest of your rights, including the right to make weapons. The constitution says, ‘shall not be infringed.’ So it is a God-given right for you to make a weapon.”
Simons goes on to defend the bill explaining that residents of the state can make whatever type of firearm or accessory they want so long as it does not violate state law. Simons adds, “The commerce clause, which is very important, means you cannot cross state lines with the guns, accessories or ammunition... At that point, it would be illegal. Eight other states have already done this, nine actually but it wasn't upheld. So this is very close to the gun freedom act that these other states have already administered.”
Simons highlights similar laws, commonly referred to as "sanctuary policies" that exist despite federal regulations and laws that go against them. During immigration debates through the Trump administration, sanctuary cities offered protection to undocumented individuals much in the same manner that Simons’ bill would protect the rights of gun owners. Simons explains that if the bill were to move forward in the Senate, the state would officially be a Second Amendment sanctuary city.
This bill would be one of several steps the state is taking to revamp its gun laws. Among the gun law expansions would be concealed carry permits and rephrasing of the controversial “castle doctrine” so that it would allow deadly force whether or not an intruder is retreating.
