Can States Decline to Enforce Federal Laws?

For indispensable reporting on the coronavirus crisis, the election, and more, subscribe to the Mother Jones Daily newsletter.


As long as we’re on the subject of shiny new gun laws, Steve Benen points out yet another offering from the great state of Texas:

Perhaps the most controversial of the gun-related items, HB 1076 would ban state agencies from enforcing any new federal gun laws, including background checks. The bill passed the Republican-led House on a largely party line vote Monday, but legal experts say the attempt to “nullify” possible future federal laws likely wouldn’t pass the scrutiny of the U.S. Supreme Court.

“That’s absurd beyond the word absurd. I like the author personally but that’s just pure political grandstanding,” said state Rep. Lon Burnam (D-Fort Worth).

This is actually a little more interesting. This legislation doesn’t claim that any new gun law would be unconstitutional, it merely says that no state officers will enforce it. If the feds want it enforced, that’s up to them.

I’m not really sure what the legal status of such a law would be, but I don’t think it’s self evidently absurd. The intersection of federal law and state enforcement is fairly complex, and states have considerable discretion about where and how they apply their resources.

In any case, I wonder what we’d all think about the constitutionality of this bill if it dealt with, say, federal marijuana laws instead of federal gun laws?

UPDATE: Jonathan Adler confirms via both email and blog post that this Texas law would probably be constitutional. “States can’t obstruct, but they don’t have to help,” he says. More here.

Dear Reader,

This feels like the most important fundraising drive since I've been CEO of Mother Jones, with staggeringly high stakes and so much uncertainty. In "News Is Just Like Waste Management," I try to unpack the reality we all face and how we can rise to the challenge. If you're able to, this is a critical moment to support Mother Jones’ nonprofit journalism: We need to raise $400,000 to help cover the vital reporting projects we have planned, and right now is no time to pull back.

Monika Bauerlein, CEO, Mother Jones

Dear Reader,

This feels like the most important fundraising drive since I've been CEO of Mother Jones, with staggeringly high stakes and so much uncertainty. In "News Is Just Like Waste Management," I try to unpack the reality we all face and how we can rise to the challenge. If you're able to, this is a critical moment to support Mother Jones’ nonprofit journalism: We need to raise $400,000 to help cover the vital reporting projects we have planned, and right now is no time to pull back.

Monika Bauerlein, CEO, Mother Jones

We Recommend

Latest

Sign up for our free newsletter

Subscribe to the Mother Jones Daily to have our top stories delivered directly to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate