Second Amendment sanctuary

Encyclopedia

Second Amendment sanctuary, also known as a gun sanctuary, is a state, county or locality in the United States that has adopted laws or resolutions that oppose, or purport to prohibit or impede, the enforcement of certain gun control measures. Proponents of such “sanctuary” laws or resolutions contend that various gun laws—such as universal background checks, high-capacity magazine bans, assault weapon bans, red flag laws–are a violation of the rights guaranteed within the Second Amendment.

Although other jurisdictions had previously adopted legislation now characterized as creating Second Amendment sanctuaries, the Carroll County, Maryland Board of Commissioners is thought to be the first body to explicitly use the term “sanctuary” in its resolution on May 22, 2013, while Bryan Kibler, the state’s attorney in Effingham County, Illinois is thought to have popularized the term to describe the county’s April 2018 resolution, although equivalent resolutions (not using the “sanctuary” phrase) predated the Effingham County measure. The term “sanctuary” draws its inspiration from the immigration sanctuary cities movement of jurisdictions that have resolved to not assist federal immigration enforcement. As of 2020, about 400 local governments in 20 states have adopted such resolutions.

Second Amendment sanctuary resolutions are primarily expressive and symbolic. Virginia Attorney General Mark Herring issued an opinion in 2019 stating that the resolutions “have no legal force.” Some counties that have passed gun sanctuary resolutions have acknowledged that the resolutions are declarations rather than legally binding measures; other resolutions contain specifics stating how the local government will not cooperate with state or federal gun laws. The Second Amendment sanctuary movement has some connections to the “constitutional sheriffs movement” (sheriffs in some rural counties who have publicly declared that they would refuse to enforce new gun laws).

State laws

Although some of the Obama-era state laws listed below were approved prior to the adoption of the term “sanctuary” in reference to legislation resisting the enforcement of gun control laws they are now frequently characterized as part of the Second Amendment sanctuary movement.

Alaska

On July 9, 2010, Governor Sean Parnell signed the Alaska Firearms Freedom Act (HB 186), declaring that certain firearms and accessories are exempt from federal regulation. On September 10, 2013, Parnell signed HB 69, which amended and expanded HB 186.

Arizona

On April 6, 2021, Governor Doug Ducey signed the Second Amendment Freedom Act (HB 2111), which will block federal enforcement of some gun control restrictions.

Idaho

On March 19, 2014, Governor Butch Otter signed SB 1332 to protect Idaho law enforcement officers from being directed by the federal government to violate citizens’ rights under Section 11, Article I of the Idaho Constitution. Previously, HJM 3 was passed in 2009.

Kansas

On April 16, 2013, Governor Sam Brownback signed the Second Amendment Protection Act.

Nebraska

On April 14, 2021 Governor Peter Ricketts issued, and signed a proclamation that designated Nebraska as a “Second Amendment Sanctuary State.” 

Wyoming

On March 11, 2010, Governor Dave Freudenthal signed the Wyoming Firearms Freedom Act.

Local laws

Alabama

1 out of 67 counties have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions:

Alaska

1 out of 19 boroughs have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions:

Arkansas

2 out of 75 counties have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions:

Arizona

6 out of 15 counties and 1 city have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions:

California

1 out of 58 counties and 1 city have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions:

Colorado

39 out of 64 counties, 3 cities, and 4 towns have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions:

Florida

42 out of 67 counties, 3 cities, and 1 town have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions.

In 2013, all 67 sheriffs in Florida had signed a letter saying that they will not enforce laws that violate the Constitution or infringe on the rights of the people to own firearms.

Georgia

44 out of 159 counties and 2 cities have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions:

Idaho

1 out of 44 counties and 6 cities have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions:

Illinois

69 out of 102 counties, 2 cities, and 4 townships have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions:

Indiana

29 out of 92 counties have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions:

Kansas

1 out of 105 counties have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions:

Kentucky

114 out of 120 counties and 6 cities have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions:

Louisiana

1 out of 64 parishes have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions:

Maine

0 out of 16 counties and 1 town have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions:

Maryland

9 out of 23 counties have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions:

Michigan

49 out of 83 counties, 1 city, and 4 townships have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions. On February 25, 2020, the Michigan House of Representatives voted to reaffirm the Second Amendment. The text can be read here.

Minnesota

15 out of 87 counties have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions:

Mississippi

27 out of 82 counties have adopted Second Amendment sanctuary, safe haven, or other pro-Second Amendment resolutions:

Missouri

4 out of 114 counties have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions:

Nebraska

9 out of 93 counties have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions: On April 14, 2021 Governor Peter Ricketts issued, and signed a proclamation that designated Nebraska as a “Second Amendment Sanctuary State.” Source: https://www.ketv.com/article/governor-ricketts-declares-nebraska-a-second-amendment-sanctuary-state/36121072#

Nevada

10 out of 16 counties have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions.

All 17 sheriffs in Nevada (16 county and 1 Carson City) and have signed a letter expressing their support for the Second Amendment.

New Jersey

8 out of 21 counties, 29 townships, 1 town, and 5 boroughs (35 of 565 total municipalities) have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions:

New Mexico

26 out of 33 counties, 6 cities, and 1 town have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions; Taos initially passed a resolution but later repealed it.

30 out of 33 county sheriffs have signed a letter by the New Mexico Sheriffs Association vowing to not assist in enforcing certain gun control.

New York

County opposition to SAFE Act

The SAFE Act was passed in 2013. After passage, New York counties started passing resolutions opposing the SAFE Act. There are currently 52 out of 62 counties with such resolutions.

2 out of 62 counties and 3 towns have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions:

North Carolina

76 out of 100 counties, 1 city, and 2 towns have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions:

North Dakota

2 out of 53 counties have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions:

Ohio

33 out of 88 counties, 1 city, and 3 townships have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions:

Oklahoma

37 out of 77 counties have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions:

In May 2020, Oklahoma became the first and thus far only state to enact an anti-red flag law. The law specifically “prohibits the state or any city, county or political subdivision from enacting red flag laws.”

Oregon

16 out of 36 counties and 2 city have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions:

Pennsylvania

5 out of 67 counties, 13 townships, and 4 boroughs have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions:

Rhode Island

0 out of 8 cities and 10 out of 31 towns have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions; while Rhode Island has 5 counties, there is no local government at that level.

South Carolina

8 out of 46 counties have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions:

Tennessee

63 out of 95 counties, 2 cities, and 1 town have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions:

Texas

78 out of 254 counties, 1 city, and 2 towns have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions:

Utah

5 out of 29 counties have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions:

Vermont

0 out of 14 counties and 21 towns have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions:

Virginia

See also: 2020 VCDL Lobby Day

91 out of 95 counties, 16 out of 38 independent cities, and 41 towns have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions:

On December 19, 2019, at the request of Del. Jerrauld C. Jones (D-Norfolk), state Attorney General Mark Herring issued an advisory opinion indicating the sanctuary resolutions were null and void. A press release quoted him as saying: “When the General Assembly passes new gun safety laws they will be enforced, and they will be followed. These resolutions have no legal force, and they’re just part of an effort by the gun lobby to stoke fear”. Del. Todd Gilbert (R-Shenandoah) claimed that Herring’s recent opinion contradicted his 2014 stance “regarding the supremacy of state law over the preferences of the officials who must enforce them”. Gilbert was referring to Herring’s refusal to defend Virginia’s Marshall-Newman Amendment, a voter-approved constitutional provision that prohibited same-sex marriages.

West Virginia

34 out of 55 counties, 3 cities, and 3 towns have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions:

Wisconsin

15 out of 72 counties, 1 city, and 1 town have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions:

Wyoming

5 out of 23 counties have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions:

Local law enforcement resistance

Washington

Main article: Washington Initiative 1639 § Enforcement refusals

23 county sheriffs out of 39 counties and the police chief of 1 city have vowed to not enforce parts or all of the 2018 gun control ballot measure I-1639 while it is being challenged in court: