Estimated reading time: 3 minutes
While many deep-blue states brag about refusing to help ICE with immigration enforcement, Washington Gun Law President William Kirk asked a blunt question: Would those same states refuse to assist the ATF if federal agents rolled in to confiscate firearms?
In his recent video, Kirk broke down what’s actually legal, what states have done so far, and why this matters for every gun owner in America.
Table of contents
Immigration Refusal vs. Gun Confiscation
Kirk explained that under federal law, states aren’t required to help enforce immigration laws. “They do not have to assist,” he said. “They also can’t obstruct.”
That legal framework, however, led him to wonder what would happen if federal agents showed up not to deport illegal immigrants, but to confiscate guns from lawful owners.
“Could states in fact pass laws that said, ‘Hey, we’re not going to cooperate in any way, shape, or form with ATF for the enforcement of federal gun laws in our state?’” Kirk asked.
“The answer is yes, they can. And they already have done so,” he added.
The Supreme Court Case That Supports States’ Rights
Kirk walked viewers through the 1997 Supreme Court decision in Printz v. United States, which involved the Brady Handgun Violence Prevention Act.
The Brady Bill had mandated local law enforcement conduct background checks for handgun purchases – essentially commandeering state resources to enforce federal law.
Two sheriffs sued, arguing Congress can’t force states to do the federal government’s job. The Supreme Court agreed in a narrow 5-4 ruling.
“The necessary and proper clause does not empower [Congress] to compel state law enforcement agencies to fulfill its federal task for it, even temporarily,” Kirk summarized.
Local agencies can volunteer to assist, but they can’t be forced to do so.
States That Have Passed “No ATF Cooperation” Laws
Fueled by fears of potential federal gun bans under the Biden administration, multiple states passed laws barring local law enforcement from cooperating with federal gun confiscation efforts.
These states include:
- Arkansas
- Arizona (2021)
- Alabama (2022)
- Alaska (2010)
- Idaho (2014)
- Kansas (2013)
- Kentucky (2023)
- Missouri (2021)
- Montana (2021)
- New Hampshire (2022)
- North Dakota (2021)
- Oklahoma (2021)
- South Carolina (2021)
- South Dakota (2021)
- Tennessee (2021)
- Texas (2021)
- West Virginia (2021)
- Wyoming (2021)
- Utah (2021)
Kirk emphasized these aren’t merely symbolic.
“If ever we were to have large swaths of firearms banned overnight… the only way those laws could even come remotely close to being carried out would require cooperation of local law enforcement,” he said.
“There are not enough federal agents,” Kirk continued. “The government would never be able to hire enough federal agents to complete all of those tasks on a nationwide level.”
Why This Matters
These state laws create “a very powerful barrier to the implementation of otherwise unconstitutional gun regulation,” Kirk argued, protecting citizens’ inalienable rights if future federal administrations attempt sweeping bans.
Good to know, right?
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I know the same States that WON’T help ICE catch Illegals WOULD help disarm citizens
Ridiculousness. Gun owners have NEVER had more rights than they do now. Grow up and stop the fear mongering.
You mean we have more rights now than before when you could mail order a full auto Thompson without a background check and jump through hoops for a tax stamp?? You sir are deluded.
North Carolina and Virginia certainly will. NC has bee infiltrated by lefties, and VA might as well just allow D.C. to annex it. So sad to watch two previously-rational Southern states swirl down the tubes . . .
if any state wants to stare a War they cannot win, just try to confiscate guns, 75 Million + gun owners will be there to put a Stop to that nonsense.
I think it really has to be tough to be a liberal these days. I can’t imagine being of that caliber of a hypocrite and leading a nice smooth life. You KNOW they would help the ATF or ICE or the FBI or even the CIA if it fit their agenda.
arrest the atf for violating civil rights!
In theory, if the law was deemed “unconstitutional” , then a Local Sheriff, who was elected and swore an oath to defend the Constitution, SHOULD arrest them for rights violations !
And why would Bondi and the DOJ allow the ATF to assist State and Local LE in blue states that protect illegal immigrants? The state and federal task force should be suspended in all blue states and details of 4473’s should never be shared with be shared with tyrants like Pritzker. Why should the Trump FBI share NICS info with blue states? The blue state governors should be forced to cooperate in all legitimate criminal procedures or forfeit all federal law enforcement assistance and state police should be barred from any firearm data. Dems always loved state rights to protect slavery.