JBS Bulletin: July 2022

Abolish Unconstitutional Government

Gun Control Push Shows Necessity of Nullification

by Peter Rykowski, Research Associate and Bulletin Editor

The tragic school shooting in Uvalde, Texas, on May 24 has given leftists another excuse to push their predetermined goals of more gun control and, ultimately, civilian disarmament.

On June 12, a bipartisan group of senators reached an agreement on gun-control legislation. Although the bill text has not been published as of this writing, the legislation is expected to provide states incentives to create red flag laws, which violate due process, as well as expand background checks for firearm purchasers under 21. Meanwhile, far more radical legislation has been introduced — and in some cases passed — in the House.

Regardless of which bills are ultimately enacted, the Second Amendment — and the right of civilians to defend themselves — is under severe attack. Additionally, even if Congress enacts red flag laws and expanded background checks, the Left will continue clamoring for more extreme measures.

Accordingly, state and local governments must nullify the federal government’s gun-control measures. They have the authority to do this under Article VI of the Constitution, which stipulates that only laws “made in Pursuance” of the Constitution are valid. Not only does federal gun control blatantly violate the Second Amendment, but it is not among the powers that Article I, Section 8 delegates to Congress.

Using nullification to counter federal gun control is not a novel idea; several states have already enacted legislation doing such. Last year, for example, Missouri enacted the Second Amendment Preservation Act, which prevents the enforcement of a wide range of unconstitutional “federal acts, laws, executive orders, administrative orders, court orders, rules, and regulations,” including the 1934 National Firearms Act and the 1968 Gun Control Act. Other states should enact similar legislation, and all states should strengthen their existing nullification laws.

Accordingly, please call or meet with your state legislators and educate them about nullification and how it can be — and is being — used to stop federal gun control. Our legislative alert “Support Nullification to Enforce the Constitution” provides an easy way to do this; you can access it at

Furthermore, multiply your legislative outreach by also educating your fellow citizens and getting them to act. As we have previously recommended, distribute our JBS/TNA nullification materials, including the “Nullification: What States Can Do” slim jim, the “State Nullification: An Idea Deeply Embedded in American History” reprint, and The Founders’ Brilliant Solution to Big Government: Article VI booklet. Also share the TNA video “Nullifying Deep State Evil at the State Level,” which explains the concept of nullification and how it is being used. You can find it at

State governments can stop federal gun control. We must take action to ensure they do.