Second Amendment sanctuary


Second Amendment sanctuary, also known as a gun sanctuary, refers to states, counties, or localities in the United States that have adopted laws or resolutions to prohibit or impede the enforcement of certain gun control measures perceived as violative of the Second Amendment such as universal gun background checks, high capacity magazine bans, assault weapon bans, red flag laws, etc. 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 and Effingham County, Illinois County Board is thought to have to have popularized the term on April 16, 2018.
Examples of the resolutions include the Second Amendment Preservation Ordinance in Oregon, and the Second Amendment Protection Act in Kansas. The term "sanctuary" draws its inspiration from the immigration sanctuary cities movement of jurisdictions that have resolved to not assist federal enforcement of immigration laws against illegal aliens.

State laws

Although 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, declaring that certain firearms and accessories are exempt from federal regulation. The text can be read here. On September 10, 2013, Governor Parnell signed HB 69, which amended and expanded HB 186. The text can be read here.

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. The text can be read here. Previously, HJM 3 was passed in 2009. That text can be read here.

Kansas

On April 16, 2013, Governor Sam Brownback signed the Second Amendment Protection Act. The text can be read here.

Wyoming

On March 11, 2010, Governor Dave Freudenthal signed the Wyoming Firearms Freedom Act. The text can be read here.

Local laws

Alabama

1 out of 67 counties have adopted Second Amendment sanctuary resolutions:
2 out of 75 counties have adopted Second Amendment sanctuary resolutions:
6 out of 15 counties and 1 city have adopted Second Amendment sanctuary resolutions:
1 out of 58 counties and 1 city have adopted Second Amendment sanctuary resolutions:
39 out of 64 counties, 3 cities, and 4 towns have adopted Second Amendment sanctuary resolutions:
41 out of 67 counties, 3 cities, and 1 town have adopted Second Amendment sanctuary 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.
41 out of 159 counties and 2 cities have adopted Second Amendment sanctuary resolutions:
68 out of 102 counties, 2 cities, and 4 townships have adopted Second Amendment sanctuary resolutions:
25 out of 92 counties have adopted Second Amendment sanctuary resolutions:
1 out of 105 counties have adopted Second Amendment sanctuary resolutions:
114 out of 120 counties and 6 cities have adopted Second Amendment sanctuary resolutions:
1 out of 64 parishes have adopted Second Amendment sanctuary resolutions:
0 out of 16 counties and 1 town have adopted Second Amendment sanctuary resolutions:
5 out of 23 counties have adopted Second Amendment sanctuary resolutions:
46 out of 83 counties, 1 city, and 4 townships have adopted Second Amendment sanctuary resolutions.
On February 25, 2020, the Michigan House of Representatives voted to reaffirm the Second Amendment. The text can be read here.
11 out of 87 counties have adopted Second Amendment sanctuary resolutions:
24 out of 82 counties have adopted Second Amendment sanctuary, safe haven, or other pro-Second Amendment resolutions:
8 out of 93 counties have adopted Second Amendment sanctuary resolutions:
10 out of 16 counties have adopted Second Amendment sanctuary resolutions.
All 17 sheriffs in Nevada and have signed a letter expressing their support for the Second Amendment.
8 out of 21 counties, 29 townships, 1 town, and 5 boroughs have adopted Second Amendment sanctuary resolutions:
26 out of 33 counties, 6 cities, and 1 town have adopted Second Amendment sanctuary 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.
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. The New York State Sheriffs Association sued to block the law.
2 out of 62 counties and 3 towns have adopted Second Amendment sanctuary resolutions:
73 out of 100 counties, 1 city, and 2 towns have adopted Second Amendment sanctuary resolutions:
32 out of 88 counties, 1 city, and 3 townships have adopted Second Amendment sanctuary resolutions:
31 out of 77 counties have adopted Second Amendment sanctuary resolutions:
16 out of 36 counties and 2 city have adopted Second Amendment sanctuary resolutions:
3 out of 67 counties, 11 townships, and 3 boroughs have adopted Second Amendment sanctuary resolutions:
0 out of 8 cities and 10 out of 31 towns have adopted Second Amendment sanctuary resolutions; while Rhode Island has 5 counties, there is no local government at that level.
7 out of 46 counties have adopted Second Amendment sanctuary resolutions:
59 out of 95 counties, 2 cities, and 1 town have adopted Second Amendment sanctuary resolutions:
78 out of 254 counties, 1 city, and 2 towns have adopted Second Amendment sanctuary resolutions:
5 out of 29 counties have adopted Second Amendment sanctuary resolutions:
0 out of 14 counties and 21 towns have adopted Second Amendment sanctuary resolutions:
91 out of 95 counties, 16 out of 38 independent cities, and 41 towns have adopted Second Amendment sanctuary resolutions:
On December 19, 2019, at the request of Del. Jerrauld C. Jones, 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 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

33 out of 55 counties, 3 cities, and 3 towns have adopted Second Amendment sanctuary resolutions:
7 out of 72 counties and 1 city have adopted Second Amendment sanctuary resolutions:
1 out of 23 counties have adopted Second Amendment sanctuary resolutions:

Washington

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: