Nullification—The Last Line of Defense for Our Second Amendment Rights

September 14, 2023

In a recent ruling that has left many gun owners disheartened, U.S. District Judge Brian C. Wimes declared Missouri’s Second Amendment Preservation Act (SAPA) unconstitutional. While some may see this as a defeat, we at Texas Gun Rights view it as a rallying cry. It’s time to invoke the Tenth Amendment and nullify federal laws that trample on our Second Amendment rights.

Missouri’s SAPA was a courageous move, designed to give citizens the legal ammunition to fight federal gun control measures. Although the federal court has temporarily put a damper on these efforts, Missouri’s Attorney General Andrew Bailey is not backing down and plans to appeal. We stand in full support of this fight for justice.

Nullification is not a fringe concept; it’s deeply rooted in American history and constitutional law. Our Founding Fathers, Thomas Jefferson and James Madison, set the precedent with the Kentucky and Virginia resolutions, opposing the unconstitutional Sedition Act of 1798. In the same spirit, northern states defied the Fugitive Slave Act of 1850. These historical milestones serve as our playbook for today’s battles.

Nullification is more than a legal tactic; it’s a safeguard against federal tyranny. When the federal government oversteps its bounds, states have not just the right, but the duty, to intervene. This is not merely a Second Amendment issue; it’s a matter of upholding the Tenth Amendment, federalism, and individual liberties.

While we support legal challenges like Missouri’s, we must also turn our attention to our state legislatures. It’s time to lobby for laws that will shield us from federal overreach and protect our God-given right to bear arms.

Texas Gun Rights drafted a Second Amendment Preservation Act modeled after the Missouri law during the 88th Texas Legislative Session that was filed by Rep. Tony Tinderholt. Unfortunately, the bill was killed by Republicans in the Texas house after it was refused a public hearing.

As you can see, even in “red” states, the fight to restore our Second Amendment rights is far from over. But through nullification we can push back against an evermore tyrannical federal government by overturning unconstitutional federal laws, and Texas Gun Rights will continue fighting for gun owners on that front.

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