Would States Help ATF Confiscate Guns?

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?

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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.

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.

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.

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.”

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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