Legislation has been introduced in Arizona and Montana that would protect local control over law enforcement and prevent attempts to strengthen federal control over it.
Arizona’s Bill
In Arizona, House Bill 2309 (H.B. 2309) was sponsored by Representative Rachel Jones (R-Tucson) and eight other representatives. If enacted, it would prohibit state and local agencies from complying with federal law-enforcement edicts that contradict state law.
H.B. 2309 declares:
Pursuant to the sovereign authority of this state and Article II, Section 3, Constitution of Arizona, this state and all political subdivisions of this state are prohibited from using any personnel or financial resources to enforce, administer or cooperate with any act, law, treaty, order, rule or regulation of the United States government that is inconsistent with any law of this state regarding the authority of state and local law enforcement agencies.
On Tuesday, the Arizona House of Representatives passed H.B. 2309 by a party-line 31-28 vote. The bill has been sent to the Senate, where two committees have already approved it.
Montana “Sheriffs First” Bill
In Montana, House Bill No. 604 (H.B. 604), referred to as a “Sheriffs First” bill, was introduced by Representative Jennifer Carlson (R-Manhattan). In its original iteration, this bill would ban federal agents from making “an arrest, search, or seizure in this state without the written permission of the sheriff or designee of the sheriff of the county in which the arrest, search, or seizure will occur.…”
Furthermore, H.B. 604 nullifies any federal law usurping the authority of county sheriffs:
Pursuant to the 10th amendment to the United States constitution and this state’s compact with the other states, the legislature declares that any federal law purporting to give federal employees the authority of a county sheriff in this state is not recognized by and is specifically rejected by this state and is declared to be invalid in this state
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H.B. 604 contains certain exceptions, such as if the arrest, search, or seizure happens on a federal enclave, or if the person being arrested is an employee of the sheriff’s office. For some of these exceptions, the federal government would still need written permission from Montana’s attorney general before acting.
