LITTLE ROCK, Ark. – State Senator Bob Ballinger’s Stand Your Ground bill has now passed through the Senate but he also has another Second Amendment bill on the horizon. SB59 would create the Arkansas Second Amendment Liberties Safeguard Act, which gives Arkansas courts a tool to use if they deem the federal government has over reached on any potential gun regulations.
Sen. Ballinger said, “They see and administration that’s promised to come out and violate their constitutional rights and so what we’re going to do is try to do what we can to protect that. “
State Senator Clarke Tucker does not think this law would hold up to any challenges on the grounds of the Supremacy Clause, which states that state laws cannot trump federal laws, “If there’s a federal law that’s on point then we can’t pass a law that’s in conflict with that and that’s just the way our government is set up.”
Attorney General Leslie Rutledge agrees with the premise of the bill but does want it to be able withstand the test of any challenges, “The idea that, yes, we want to protect our job creators and our manufacturers in Arkansas, I absolutely support that, but we want to make sure that it’s done legally so that way should it be challenged we are always able to defend that.”
Sen. Ballinger said that he has filed this in the face of Joe Biden taking over the Presidency saying that he wants to be prepared for any potential legislation or executive orders that could potentially come down, “If we’re faced with onerous new gun regulations then the state of Arkansas can stand up for her citizens and go out and defend her citizens’ right to bear arms.”
Sen. Tucker deems this not necessary and it takes time for things to come down from Congress, “They don’t call it an ‘Act of Congress’ for nothing, right? And we’ll see what comes out of Washington but right now I think it’s responsible to make sure we’re consistent with federal law. “