Can Sheriffs Arrest Feds Who Violate Citizens’ Second Amendment Rights? - Granite Grok

Can Sheriffs Arrest Feds Who Violate Citizens’ Second Amendment Rights?

Second Amendment Sanctuary County

Are Constitutional Sheriffs a big deal to the Second Amendment Community? Legendary, if they actually exist. But do they? Can they? Are the rumors true? This county in Missouri isn’t taking any chances.

Related: NH Republican Legislative Majorities, Hear Me: Make NH A 2A Sanctuary State Now!


The Second Amendment Preservation Act of Newton County, Missouri, states:

Be it enacted by the Newton County Missouri Commission as follows: All federal acts, laws, orders, rules, and regulations passed by the Federal government and specifically any Presidential Administration whether past, present or future, which infringe on the people’s right to keep and bear arms as guaranteed by the Second Amendment to the United States and Article 1, Section 23 of the Missouri Constitution shall be invalid in the county, shall not be recognized by this county, and specifically rejected by this county, and shall be considered null and void and of no effect in this county.


A month ago, I suggested that New Hampshire needs to do this sort of thing statewide. We have the legislative majorities and a pro-gun governor (except for that armed intruder on my lawn political-theater BS Sununu pulled a few weeks back).

It should be as easy as Yea!

I’ll be honest, I have not followed up locally, but whatever they might be considering is probably not as good as the Newton County Missouri Law, which voids federal laws that infringe on the second amendment, then goes one step further.


“Any and all federal agents trying to enforce the regulations listed in Section (1) shall be subject to arrest by the Sheriff’s department.”


If the feds show up and you call the Sherrif, they all get to sort things out. And sort they shall. It’s actually not clear from here. There’s the matter of supremacy, the idea that Federal laws are of a higher order of importance than the local varieties.

Even with a county ordinance enshrined in law, can Sheriffs arrest federal agents in the act of enforcing Federal law? I believe they can. The Supremacy clause requires that to be superior, these laws or treaties be made under the authority of the Constitution. The problem here is that what that means is whatever some judge says, and he works for the government.

That is hardly an unbiased arbiter on matters of either supremacy or nullification.

Still, hundreds of counties across America (we’ve written about more than a few) have instituted some form of 2A sanctuary law. Many are red counties in blue states, but there is a growing interest in putting the kibosh on all the confiscatory promises of the Betos, Harrisisisises, Biden’s, Et al.

It warms my heart but not nearly as much as it might. I have yet to see anything from New Hampshire’s Republican majorities pointed downrange.

We are the Live Free and Die State. Perhaps all the mask-wearing-hypoxia has addled or muddled their wooly-headed brains. Or, more likely, leadership is smitten with the federal dollars we rely on so heavily. The many millions of dollars with a sticky web of strings attached.

Lady Liberty is locked in a chastity belt, and we appear to have misplaced the key.

As for Newton County, unless Missouri law forbids it, they can do whatever they want. But at some point, this will find its way to a courtroom, and what happens there is anyone’s guess.