The John Birch Society
Feb 18, 2021
Members of the West Virginia Legislature are seeking to pass what would be the strongest and most comprehensive gun control nullification bill in the country.
House Bill 2159 (HB 2159) is sponsored by Delegate Joe Jeffries (R-Culloden) and 10 other state delegates, as of February 16, 2021.
The bill makes several declarations, including support for a limited federal government as stipulated in the Tenth Amendment, the invalidity of federal powers not enumerated in the Constitution, and an elaboration of what policies the federal government and the West Virginia state government can and cannot constitutionally enforce.
Next, the bill gives a list of policies, which might be contained in “federal acts, laws, executive orders, administrative orders, court orders, rules, and regulations,” that violate the U.S. Constitution’s Second Amendment and Article III, Section 22, of the West Virginia Constitution. These include any tax that might discourage gun purchases or ownership; gun confiscation laws; laws that prohibit law-abiding individuals to own, use, or transfer guns; and laws mandating the tracking and registration of firearms, firearm owners, gun accessories, or ammunition.
Importantly, HB 2159 nullifies both past and future unconstitutional firearm restrictions. Additionally, while the bill does not name any specific federal laws, the 1934 National Firearms Act and the 1968 Gun Control Act would effectively be included among the laws nullified.
The rest of the bill primarily ensures that government officials at the state and local levels do not enforce the listed unconstitutional federal gun control policies and provides citizens with a means of redress if their self-defense rights are violated.
Although HB 2159 does not mention it by name, it is an excellent application of Article VI of the U.S. Constitution, which states “[t]his Constitution, and the Laws of the United States which shall be made in Pursuance thereof … shall be the supreme Law of the Land.”
Since the various forms of infringement outlined in HB 2159 violate the Second Amendment and, by extension, the U.S. Constitution, they cannot be considered “made in Pursuance thereof” and, thus, are not “the supreme Law of the Land.” Unfortunately, in the last several decades, thousands of unconstitutional laws on the federal, state, and even local levels have been created and enforced.
Because of this, it is important that officials at all levels of government begin to push back against this lawless regime and robustly enforce the Constitution and only those laws “made in Pursuance thereof.” HB 2159 is a strong start to this and is an excellent model for other states to follow.