Gun Rights Activists Need to Use All of the Tools of Federalism at Their Disposal

By Texas Gun Rights

At first glance, gun owners have every reason to be optimistic about their prospects of passing pro-gun reforms at the federal level with a Republican trifecta in Washington, DC. President Donald Trump, in particular, won the popular vote and the electoral college—the latter in a decisive manner— with a clear mandate to govern.

Trump did not shy away from the gun issue on the campaign trail, and contrary to what the fearmongers in Gun Control, Inc. say, running on an unapologetic pro-Second Amendment platform is not an electoral loser.

That said, cautious optimism must always be exercised. Republicans, especially those in the thrall of the establishment gun lobbies, are notorious for letting gun owners down and selling out to the DC swamp. This requires activists to watch their representatives like hawks and hold them accountable.

Beyond federal activism, gun rights activists must be ready to broaden their political horizons. The federal level may not always yield the results they desire. As a result, gun owners will have to fight Gun Control, Inc. through creative means.

One way gun rights activists can throw a wrench into Gun Control, Inc.’s plans is by harnessing the untapped power of nullification. This concept is as American as apple pie. It’s the legal theory that individual states have the authority to invalidate or refuse to carry out federal laws they consider unconstitutional. It’s a legitimate process to use in the struggle to restore gun rights that have been trampled on over the last century.

For example, Founding Fathers such as Thomas Jefferson and James Madison crafted the Kentucky and Virginia resolutions in order to fight the Sedition Act of 1798, a law then-President John Adams passed which criminalized law-abiding citizens’ criticism of government officials. These resolutions set the stage for the nullification of unconstitutional laws throughout the first half of the 19th century.

Northern states would later channel the spirit of 1798 to resist the Fugitive Slave Act of 1850 that granted the federal government the ability to facilitate the apprehension and return of runaway slaves to their masters. Several non-slave states in the north nullified the Fugitive Slave Act of 1850.

There’s a tendency among activists to believe that conventional political methods will restore gun rights in America. Many view the repeal of multiple federal gun control laws, such as the National Firearms Act of 1934, as a first step toward rolling back multiple decades of government transgressions on our rights. While this perspective is well-intentioned, the political landscape has changed significantly.

For one, both political parties in DC have a long track record of infringing on the Second Amendment. Similarly, the Supreme Court has a spotty record on upholding traditional American liberties and striking down unconstitutional laws and regulations that have been enshrined via federal law and bureaucratic decrees.

To be sure, the DC v. Heller, McDonald v. Chicago, and NYSRPA v. Bruen decisions have expanded gun rights at the state and local levels. The upshot was an increase in liberties for gun owners, for the time being. But gun owners should still exercise some foresight. The same federal courts that might occasionally rule in gun owners’ favor are just as able to deprive gun owners of their liberties if the makeup of the courts goes in a more anti-gun direction — a prospect that can’t be discounted in the near future.

Moreover, litigation doesn’t come cheap as it requires spending considerable talent, time, and treasure that could otherwise be used for state-based activism such as nullification campaigns against unconstitutional federal gun control laws.

At the end of day, politics is the art of the possible. Most activists don’t fully appreciate the value of American federalism, where they can make Gun Control, Inc sweat at the local and state levels. It’s suboptimal to put all our eggs in one basket and rely on the courts or federal politicians to save us. After all, US politics is a fickle animal where the current Republican trifecta can evaporate within an election cycle.

The opportunities for gun owners are legion if activists start thinking outside the box and proceed to act locally. Gun owners should take full advantage of all of the federalist features of the American system and not let them go to waste.

A little political creativity never hurts.

 

This article was originally published at txgunrights.org and is reprinted here with permission.