Second Amendment sanctuary

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States and counties that have passed Second Amendment sanctuary (or other pro-Second Amendment) laws or resolutions as of May 9, 2021. Localities within counties that have adopted such resolutions are not displayed in this map.
  County level
  State level
  Both state and county levels

Second Amendment sanctuary (SAS), 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.[1][2][3]

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,[4] 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,[3][5][1][6] although equivalent resolutions (not using the "sanctuary" phrase) predated the Effingham County measure.[3] The term "sanctuary" draws its inspiration from the immigration sanctuary cities movement of jurisdictions that have resolved to not assist federal immigration enforcement.[3][7][8][9] As of 2021, about 1200 local governments in 42 states have adopted such resolutions.

Second Amendment sanctuary resolutions are primarily expressive and symbolic.[3][10] Virginia Attorney General Mark Herring issued an opinion in 2019 stating that the resolutions "have no legal force."[3] 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.[3] 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).[3]

In May 2021 Columbia County, Oregon requested a judicial review of its Second Amendment sanctuary law. "This will allow the court to tell us whether the county can actually decline to enforce certain state laws, and it will tell us how to abide by the will of the voters to the extent that we can," explained Sarah Hanson, counsel for the county.[11]

State laws[edit]

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.[5][1]

Alaska[edit]

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.[12][13] On September 10, 2013, Parnell signed HB 69, which amended and expanded HB 186.[14][15][16]

Arizona[edit]

On April 6, 2021, Governor Doug Ducey signed the 2nd Amendment Firearm Freedom Act (HB 2111), which prohibits the state and all political subdivisions from assisting in the enforcement of federal firearm laws and regulations when they are inconsistent with state law.[17][18]

Arkansas[edit]

On April 26, 2021, Governor Asa Hutchinson vetoed SB298, The Arkansas Sovereignty Act Of 2021. The Senate promptly overrode the governor's veto later the same day.[19][20][21] The House decided to postpone its veto override vote and instead, on April 27, passed HB1957, a less expansive version of the bill; the Senate then passed it as well shortly after midnight on April 28.[22] The governor signed it on April 29, 2021.[23][24]

Idaho[edit]

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.[25][26][27] Previously, HJM 3 was passed in 2009.[28][29]

Kansas[edit]

On April 16, 2013, Governor Sam Brownback signed SB 102, also known as the Second Amendment Protection Act.[30][31][32]

Montana[edit]

On April 23, 2021, Governor Greg Gianforte signed HB 0258 banning the enforcement of federal bans on firearms, magazines, or ammunition. The bill applies retroactively to Jan. 1, 2021.[33][34][35][36]

Nebraska[edit]

On April 14, 2021 Governor Pete Ricketts signed a proclamation that designated Nebraska as a "Second Amendment Sanctuary State."[37] This proclamation is merely symbolic and does not carry the weight of law.

North Dakota[edit]

On April 22, 2021 Governor Doug Burgum signed HB 1383, which limits enforcing or assisting in the enforcement of federal firearms laws enacted after January 1, 2021 that are more restrictive than state law.[38] On April 26, 2021, Burgum also signed a proclamation which designated North Dakota as a "Second Amendment Sanctuary State."[39][40]

Oklahoma[edit]

On April 26, 2021, Governor Kevin Stitt signed the Second Amendment Sanctuary State Act (SB 631) which prevents the confiscation or surrender of firearms, gun accessories, or ammunition from law-abiding Oklahomans, protecting the right to keep and bear arms guaranteed by the United States Constitution.[41][42]

South Carolina[edit]

On May 17, 2021, Governor Henry McMaster signed H.3094, also known as the Open Carry With Training Act. Section 9 of H.3094 notes "the state of South Carolina and its political subdivisions cannot be compelled" to enforce federal laws that regulate an individuals right to carry concealable weapons openly or concealed. Any such law must first be evaluated by the Attorney General who shall issue a written opinion on if it can be enforced. The bill goes into effect August 16, 2021.[43]

Tennessee[edit]

On May 26, 2021 Governor Bill Lee signed the "Tennessee Second Amendment Sanctuary Act" (SB 1335) which prohibits Tennessee or any of its subdivisions from enforcing "any law, treaty, executive order, rule, or regulation of the United States government that violates the Second Amendment".[44]

West Virginia[edit]

On April 27, 2021, Governor Jim Justice signed the Second Amendment Preservation and Anti-Federal Commandeering Act (HB 2694) which prohibits the federal commandeering of employees and agencies of the state for the purpose of enforcing federal firearms laws. HB 2694 also prohibits police departments and officers from executing red flag laws or federal search warrants on firearms, accessories, or ammunition of law abiding persons.[45]

Wyoming[edit]

On March 11, 2010, Governor Dave Freudenthal signed HB 0095, also known as the Wyoming Firearms Freedom Act.[46]

Local laws[edit]

Alabama[edit]

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

Alaska[edit]

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

Arkansas[edit]

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

Arizona[edit]

6 out of 15 counties, 1 city, and 1 town have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions:[55]

California[edit]

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

Colorado[edit]

39 out of 64 counties, 3 cities, and 4 towns have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions:[67][68][69][70][71][72][73][74][75][76][77]

Florida[edit]

42 out of 67 counties, 3 cities, and 1 town have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions.[95]

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.[96]

Georgia[edit]

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

Idaho[edit]

5 out of 44 counties and 11 cities have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions:

Illinois[edit]

69 out of 102 counties, 2 cities, and 4 townships have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions:[207][208][209][210][211][212][213][214][215][216]

Indiana[edit]

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


Kansas[edit]

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

Kentucky[edit]

113 out of 120 counties and 6 cities have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions:[254]

Louisiana[edit]

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

Maine[edit]

0 out of 16 counties, 1 city, and 6 towns have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions:

Maryland[edit]

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

Michigan[edit]

49 out of 83 counties, 1 city, and 5 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.[373] The text can be read here.[374]

Minnesota[edit]

15 out of 87 counties have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions:[430]

Mississippi[edit]

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

Missouri[edit]

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

Nebraska[edit]

54 out of 93 counties and one city have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions:

Nevada[edit]

10 out of 16 counties have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions.[500][501][502][503][504][505][506][507]

All 17 sheriffs in Nevada (16 county and 1 Carson City) and have signed a letter expressing their support for the Second Amendment.[508]


New Jersey[edit]

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[edit]

26 out of 33 counties, 6 cities, and 1 town have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions;[535][536] Taos initially passed a resolution[537] but later repealed it.[538]

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.[539]

New York[edit]

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:[549]

North Carolina[edit]

76 out of 100 counties, 1 city, and 2 towns have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions:[553]

North Dakota[edit]

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

Ohio[edit]

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

Oklahoma[edit]

37 out of 77 counties have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions:[680]

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."[709][710]

Oregon[edit]

25 out of 36 counties and 3 cities have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions:[711][712][713][714]

Pennsylvania[edit]

10 out of 67 counties, 15 townships, and 4 boroughs have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions:

Rhode Island[edit]

0 out of 8 cities and 10 out of 31 towns have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions;[756][757] while Rhode Island has 5 counties, there is no local government at that level.[758]

South Carolina[edit]

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

South Dakota[edit]

5 out of 66 counties have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions:

Tennessee[edit]

64 out of 95 counties, 3 cities, and 1 town have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions:[774][775][776][777][778][779][780][781][782]

Texas[edit]

81 out of 254 counties, 1 city, and 2 towns have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions:[838][839][840][841][842][843][844][845][846]

Utah[edit]

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

Vermont[edit]

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

Virginia[edit]

91 out of 95 counties, 16 out of 38 independent cities, and 42 towns have adopted Second Amendment sanctuary (or other pro-Second Amendment) resolutions:[934][935][936][937][938][939][940][941]

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.[1078][1079] 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”.[1078][1079] 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".[1079] Gilbert was referring to Herring's refusal to defend Virginia's Marshall-Newman Amendment, a voter-approved constitutional provision that prohibited same-sex marriages.[1079][1080]

West Virginia[edit]

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

Wisconsin[edit]

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

Wyoming[edit]

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

Local law enforcement resistance[edit]

Washington[edit]

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:[1150][1151][1152][1153]

References[edit]

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  2. ^ Penzenstadler, Nick (May 20, 2019). "NRA helps sheriffs fight gun laws in Second Amendment 'sanctuaries'". USA Today. Retrieved May 21, 2019.
  3. ^ a b c d e f g h Jennifer Mascia (January 14, 2020). "Second Amendment Sanctuaries, Explained". The Trace. The newer, Second Amendment type of sanctuary refers to a city, town, or county that has adopted a resolution rejecting the enforcement of state or federal gun laws perceived to violate the Second Amendment. Targeted regulations commonly include red flag laws, universal gun background checks, and bans on assault-style weapons.
  4. ^ a b "Commissioners Declare Carroll County a 'Second Amendment Sanctuary'". Westminster, MD Patch. May 24, 2013. Retrieved February 21, 2020.
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  6. ^ "Effingham County in Illinois declares itself a sanctuary for gun owners". Chicago Tribune. Associated Press. April 17, 2018. Retrieved December 27, 2019.
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  10. ^ Ryan W. Miller, Virginia counties are declaring themselves 'sanctuaries' for Second Amendment. Will it affect gun laws?, USA Today (December 11, 2019).
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  45. ^ "WEST VIRGINIA LEGISLATURE".
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  54. ^ "Scott County sovereignty law raises concerns; free from state, U.S. rule, it declares". Arkansas Online. February 2, 2020. Retrieved February 4, 2020.
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  56. ^ "Apache County declares itself a 2nd Amendment 'sanctuary'".
  57. ^ Pioneer, John Gutekunst Parker. "La Paz County Declared a Second Amendment Sanctuary". Parker Pioneer. Retrieved February 4, 2020.
  58. ^ Stone, Kevin. "Maricopa County resolves to preserve 2nd Amendment gun rights". KTAR. Retrieved February 26, 2020.
  59. ^ Harber, Terri. "County declares itself a Second Amendment sanctuary". Mohave Daily News. Retrieved January 28, 2020.
  60. ^ News, TERRI HARBER, The Daily. "City council approves Second Amendment Sanctuary declaration". Mohave Daily News. Retrieved January 28, 2020.
  61. ^ Nelson, Michele. "Payson now Second Amendment sanctuary". paysonroundup.com. Retrieved May 9, 2021.
  62. ^ "Pinal County Becomes 2nd Amendment County". Arizona Daily Independent News. Retrieved March 13, 2020.
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  64. ^ "A RESOLUTION OF THE YAVAPAI COUNTY BOARD OF SUPERVISORS SUPPORTING THE SECOND AMENDMENT TO THE UNITED STATES CONSTITUTION AND ARTICLE II SECTION 26 OF THE CONSTITUTION OF THE STATE OF ARIZONA, AND DECLARING YAVAPAI COUNTY A "SECOND AMENDMENT SANCTUARY COUNTY"" (PDF). Retrieved February 6, 2020.
  65. ^ News-Herald, Daisy Nelson Today's. "City of Needles declares itself a Second Amendment sanctuary city". Havasu News. Retrieved June 15, 2019.
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  78. ^ "Alamosa County joins 2nd Amendment fight". Alamosa News. Retrieved March 21, 2020.
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  99. ^ "Panama City Beach City Council shows support for 2nd Amendment". mypanhandle.com. February 28, 2020. Retrieved March 3, 2020.
  100. ^ Lindsay, Shelby (November 22, 2019). "Commission votes to make Bradford a sanctuary county for the 2nd amendment". WGFL. Retrieved January 18, 2020.
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  104. ^ Purdy, Joy. "Clay County votes in favor of resolution to make area Second Amendment sanctuary". WJXT. Retrieved November 27, 2019.
  105. ^ "Victory for Collier County gun owners". www.nbc-2.com. Retrieved February 24, 2020.
  106. ^ "Marco Island City Council passes gun resolution; holds off on utility rate discussion". archive.naplesnews.com. Retrieved February 24, 2020.
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  110. ^ "It's official: Escambia County declares itself a Second Amendment 'sanctuary'".
  111. ^ Davis, Noah (February 5, 2020). "Franklin County, Florida declares support of the Second Amendment". Sanctuary Counties. Retrieved March 8, 2020.
  112. ^ Rogers, Chris. "Gilchrist Commission adopts resolution to support 2nd Amendment of the Constitution Gilchrist County Journal". Retrieved December 12, 2019.
  113. ^ Tripp, David (January 8, 2020). "Gulf County FL, passes Second Amendment resolution". Sanctuary Counties. Retrieved February 26, 2020.
  114. ^ "Commissioners vote to make Hendry County a 'sanctuary county' for guns". www.nbc-2.com. Retrieved December 29, 2019.
  115. ^ "Hernando County is a 'Second Amendment sanctuary,' commissioners declare". Tampa Bay Times. Retrieved December 18, 2019.
  116. ^ "Highlands County passes symbolic resolution protecting gun rights".
  117. ^ Tripp, David (January 8, 2020). "Holmes County FL, is now a "Second Amendment Sanctuary"". Sanctuary Counties. Retrieved February 26, 2020.
  118. ^ Mader, Shelia (January 16, 2020). "Jackson County is a Second Amendment Sanctuary". Jackson County Times. Retrieved January 18, 2020.
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