Bill > SB399

This bill creates the Anti-ATF Commandeering Act, which prohibits Arkansas state and local government employees and elected officials from providing 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 helping individuals avoid life-threatening injury. Public employees are forbidden from enforcing federal firearms regulations or referring violations to federal authorities, with a violation of this prohibition potentially resulting in job termination. The bill allows individuals who are subjected to violations of this act to seek civil remedies, including filing claims with the Arkansas State Claims Commission or bringing legal action in circuit court, with potential damages of $50,000 per violation and the possibility of recovering attorney's fees. The legislation is grounded in several U.S. Supreme Court decisions affirming that states are not required to participate in federal regulatory enforcement, and it specifically aims to prevent state and local cooperation with federal firearms law enforcement while still allowing enforcement of state firearms laws consistent with the Arkansas Constitution.

Government Affairs

https://arkleg.state.ar.us/Bills/Detail?id=sb399&ddBienniumSession=2025%2F2025R