Bill > HB1481

This bill creates the Anti-ATF Commandeering Act, which prohibits state and local government employees and elected officials from providing any material aid or support in enforcing federal firearms laws, regulations, executive orders, or treaties. The bill defines "material aid and support" broadly as voluntarily providing resources like lodging, communications equipment, facilities, weapons, personnel, transportation, or other physical assets, with exceptions for medical treatment or preventing imminent life-threatening injury. Under the law, public employees who assist in federal firearms law enforcement would commit a Class A misdemeanor and face potential termination of employment and revocation of law enforcement certification. The bill allows individuals who believe they have been subject to a violation of this act to seek legal remedies, including filing claims with the Arkansas State Claims Commission or bringing civil actions in circuit court, with potential awards of $50,000 per violation. Importantly, the bill does not prevent law enforcement from using federal government information to enforce state laws or from enforcing state firearms laws that comply with the Arkansas Constitution. The legislation is grounded in several U.S. Supreme Court precedents affirming that states are not required to participate in federal regulatory enforcement programs.