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Bill

SB 399

TO CREATE THE ANTI-ATF COMMANDEERING ACT; AND TO PROHIBIT THE PROVISION OF MATERIAL AID AND SUPPORT FOR ENFORCEMENT OF FEDERAL FIREARMS LAWS.

2025 Regular Session Introduced by Wayne Long and 1 co-sponsor

Arkansas bill would have barred state officials from assisting the federal ATF in enforcing firearms laws, but died in committee.

Died in Senate Committee at Sine Die adjournment.
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Bill Summary · SB 399

Legislative bill overview

SB 399 would have prohibited Arkansas state and local officials from providing material aid, resources, or support to the federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in enforcing federal firearms laws. The bill represents a "commandeering" challenge—asserting that states cannot be compelled to assist federal law enforcement agencies in implementing federal regulations.

Why is this important

This bill reflects ongoing tensions between state and federal authority over gun regulation. If passed, it could have prevented state police cooperation with ATF investigations, background checks, or enforcement actions within Arkansas, potentially creating enforcement gaps and complicating federal-state law enforcement coordination on firearms crimes.

Potential points of contention

  • Constitutional authority: Courts have consistently held that while states cannot be commandeered to enforce federal law, they generally cannot prohibit their officials from voluntarily cooperating with federal agencies—the bill's legality under the Tenth Amendment is questionable
  • Public safety coordination: Restricting state-federal cooperation on firearms enforcement could hamper investigations into straw purchases, gun trafficking, and violent crime
  • Federal preemption doctrine: Federal firearms law may preempt state laws that effectively obstruct federal enforcement mechanisms, creating legal conflict

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

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