When the House convenes at 10 a.m. this morning, its decision on an override of Governor Hutchinson’s veto of SB 290, the “sovereignty” act declaring Arkansas won’t enforce federal gun laws isn’t the only item of contention. The Senate overrode the veto yesterday, despite a rising chorus about problems in the bill.

One question is whether, before the planned end of business today definitive action can be taken on a substitute bill that the governor has said would be acceptable.


He also has a problem with another bill on his desk. KATV reports:


Indeed, HB 1390 is a “problem.” It’s just a little ol’ unconstitutional bill that declares federal gun law, rules and regulations may not be enforced in Arkansas unless they have first been ratified by the Arkansas legislature. Arkansas agencies may not spend any public money enforcing federal law, just about all of which pertaining to guns the legislation appears to declare a 2nd Amendment violation, no matter what Antonin Scalia and Co. might have said.

Craziness abounds.


The notion that the legislature can hurry up and paper over an unconstitutional bill in a few hours without testimony or careful consideration is the craziest of all.

The “compromise” is on the House State Agencies Committee agenda at 9:30 a.m. It declares the state may declare invalid any federal law or rule adopted after Jan. 1 of this year that infringes on the Second Amendment. Who decides which are sufficient infringement? Bill doesn’t say.


It would remain a misdemeanor offense for a law officer to “knowingly” assist the feds in something construed as violating a gun right. They’d be allowed some limited communication with the feds, so long as it wasn’t about gun law enforcement.

The governor apparently will accept this dreck. So it should pass unless the nutters think it isn’t tough enough.


GUN ADVOCATES: Sen. Missy Irvin and Rep. Jeff Wardlaw in committee this morning.

UPDATE: Rep. Jeff Wardlaw explained the compromise this morning. He described it as “sausage.” He said it should protect Game and Fish Commission federal money and should prevent application to criminal charges filed before Jan. 1. Law officers would get a hearing before losing their licenses if believed to have violated the law. Sheriffs, as elected officials, could be punished by a misdemeanor charge.


“It only affects everything from the Biden administration forward,” Wardlaw said.

He indicates some of the gun advocates think the compromise is watered down too much, particularly by allowing local cooperation with feds on serious crimes.

The bill still contains a nullification provision on federal law, Rep. Justin Gonzales noted. Wardlaw said the state can’t nullify past acts but can nullify future acts. “We’ve been told he [Hutchinson] would not veto this bill. He did send a message the bill was still extreme. But he did say he’d sign it.” He contended lawyers had said the bill would pass constitutional muster.

The committee recessed at 10 a.m. for the House to convene.


When the committee resumed its meeting it heard opposition to the bill from gun advocate Gary Epperson, who said no prosecutor would charge a police officer for working to prosecute a criminal.

The bill was reported out of committee on a voice vote. Now to the House floor and then, perhaps, the Senate.