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SB 399

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2025 Regular Session Introduced by Greg Taylor

Senate Bill 399 prohibits Arkansas from aiding federal firearms law enforcement, impacting public employees and potentially altering local law enforcement practices.

First reading: referred to Committee on Commerce and Technology
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Bill Summary · SB 399

Summary of Senate Bill 399: Anti-ATF Commandeering Act

Bill Information:
- Bill Number: SB 399
- Title: Relating to an Atmospheric Carbon Capture Plant
- Status: Referred to EIG/AEN, WAM
- Introduced: March 06, 2025
- Classification: Bill
- Subject: Atmospheric Carbon Capture Plant, Feasibility Study, HNEI, HSEO, report

Purpose and Intent

Senate Bill 399, known as the Anti-ATF Commandeering Act, aims to prohibit the State of Arkansas and its political subdivisions from assisting in the enforcement of federal firearms laws. The bill is grounded in the belief that states are not obligated to enforce federal regulations, a principle supported by various U.S. Supreme Court rulings.

Key Provisions

  1. Legislative Findings:

    • The bill outlines the General Assembly's findings regarding the state's rights concerning federal laws, citing several Supreme Court cases that support the notion that states can refuse to enforce federal regulations.

  2. Definitions:

    • Elected Official: Any person holding an elective office.
    • Public Employee: Any person employed by the state or its subdivisions, including law enforcement officers.
    • Material Aid and Support: Includes providing resources such as lodging, communication services, and personnel for the enforcement of federal firearms laws.

  3. Prohibitions:

    • The state and its subdivisions are prohibited from providing any material aid for the enforcement of federal firearms laws.
    • Public employees and elected officials are barred from enforcing or referring violations of federal firearms laws.

  4. Consequences for Violations:

    • Public employees found to be in violation of these provisions may face termination.
    • Individuals subjected to violations can file claims for damages, with potential awards of $50,000 per violation.

  5. Civil Remedies:

    • Individuals can seek equitable and monetary relief in circuit courts for violations, with the possibility of recovering attorney's fees.

Impact

  • Affected Parties:
    • The bill primarily impacts public employees and elected officials in Arkansas, as well as individuals who may seek to challenge violations of this act.
    • It may also affect the enforcement of federal firearms laws within the state, potentially leading to legal challenges and changes in law enforcement practices.

Procedural Aspects

  • Legislative Timeline:
    • March 06, 2025: Bill filed and read for the first time.
    • March 06, 2025: Read a second time and referred to the City, County & Local Affairs Committee.
    • May 05, 2025: The bill died in the Senate Committee at Sine Die adjournment.

This summary provides an overview of SB 399, detailing its intent, key provisions, and potential implications for the enforcement of firearms laws in Arkansas.

Compiled from official sources — confirm details with the bill’s official record.

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