New 2nd Amendment Law Would Prevent States from Infringing on Citizens’ 2A Rights

Guest report and analysis by Sam Bocetta of Gun News Daily

The possibility of a dramatic change in many gun laws around the United States could take place in the very near future. That’s because legislation was introduced on July 31 by New York Republican congressman Chris Collins, which, if passed in Congress, would become law.

Known officially as H.R. 3576, the Second Amendment Guarantee Act (SAGA) reins in a state’s ability to supersede federal gun laws. In this case, it would prevent individual states from implementing stricter gun laws than those currently imposed by the federal government.

New Possibilities

In the past decade, few changes have been made when it comes to federal legislation regarding gun laws currently in place. Instead much of the activity has taken place at the state level, with an estimated 200 new gun laws instituted across the country.

One of the chief reasons for that inactivity stemmed from the makeup of Congress, with Republicans in control of only the House of Representatives while Democrats held the Senate and the White House. Last November’s elections gave Republicans full control of both the executive and legislative branches of government.

Provincial Concerns

Collins’ immediate focus when crafting this legislation was no doubt zeroed in on his home state, where the NY SAFE Act has been in place since January 2013.

Officially known as New York Secure Ammunition and Firearms Enforcement Act of 2013, the law was passed in the immediate aftermath of the Sandy Hook Elementary School tragedy one month earlier.

The SAFE Act immediately banned specific rifles and shotguns and expanded the scope of what constitutes an assault weapon. From that point, any gun that had a thumbhole stock, pistol grip or anything else that was deemed to be a military feature was relegated to being assigned to the sector of assault weapons. This ruled out many civilian-loved rifle models, like many of the popular AR-15s listed here.

Due to that designation, the gun either had to be registered or the elements noted above would have to be taken off. Both were seen by critics as an infringement on their constitutional rights.

A pair of New York State Assemblymen, Joe Errigo and Peter Lawrence, held a press conference the following day to express their support for the proposed legislation. The two politicians are sponsoring bills to repeal that law within New York itself. and took time to criticize the state’s governor, Andrew Cuomo, for signing it.

After the legislative proposal was announced, Cuomo took time to criticize it by saying it was a politically-based gambit by Collins. In addition, he indicated that a combination of special interests and gun lobbyists were enough to sway the 67-year-old congressman, who’s currently in his third term of representing New York’s 27th district.

Collins rejected such comments, stating that his main area of interest is to protect hunters and other sportsmen who are negatively affected by such laws. He also indicated that because a number of Democrats also enjoy such interests, they’ll help provide bipartisan support.

Likely Litigation

Still, if SAGA were to pass, the legality of it would be subsequently debated, with some New York politicians believing that it’s a violation of the 10th Amendment. That cites the fact that any power not given to the federal government in the Constitution is thereby given to states.

Other politicians believe that because the New York law is prominently mentioned within the legislation, that may cause legal roadblocks when a potential case reaches federal court. That’s because past edicts from the Supreme Court have decreed that all states must be dealt with in the same fashion.

The California Overreach

However, the scope of the new law also affects citizens in the other 49 states, with California also figuring prominently in this discussion. That’s chiefly because the state’s voters approved a new law last year: The Safety for All Act.

Among other things, it now requires purchasers of ammunition to undergo point-of-sale background checks and also bans residents from legally owning gun magazines of large capacity and assault weapons listed as military-grade.

In addition, that law now requires those convicted of crimes where firearms were prohibited to verify with the court system that their weapons had been surrendered. However, one aspect of the law would remain in place: handgun laws that local municipalities currently have in place.

Key States to Watch

Outside of California, Hawaii and Washington State are two of the few western states whose laws might be dramatically affected by passage of this proposed legislation. On the East Coast, states such as Massachusetts, New Jersey, Maryland, as well as Connecticut, would join New York in seeing their state laws pulled back in line with current federal laws.

Hawaii’s restrictive laws require that anyone purchasing a firearm in the state must undergo a background check that checks any convictions for felonies or violent crimes. Domestic violence is among those crimes listed among the latter group.

Taking Matters Into His Own Hands

Prior to the introduction of this legislation, Collins had indicated that in the wake of the June 14 shooting of Louisiana congressman Steve Scalise, he would be carrying a gun with him at all times. He noted that he’s held a handgun carry permit for more than three decades.

Collins also noted in a Washington op-ed on June 19 that only politicians in positions of leadership, like Majority Whip Scalise, are provided a security detail. That means that he and other politicians are more vulnerable to angry constituents and other individuals.

The belief of Collins is that not being able to interact with other citizens in the normal manner would undercut their effectiveness. He cited his father’s training when it comes to being responsible when it comes to any firearms.A

Potentially Cloudy Future

One of the problems that Collins may face in moving the legislation forward is the backlog of issues that Congress still needs to handle. The multiple attempts at crafting a new health care plan, coupled with tax reform and other concerns gives the bill an uncertain future, at least when it comes to the months ahead.

Another issue stems from the political reality of having to get a 60-vote majority in the Senate, something that’s difficult because of the nearly even makeup of that political body.

About the Author: Sam Bocetta is a retired ballistics contractor who worked for over 30 years as a Naval engineer, specializing in sonar technology and SWCC support. Past projects include the development of EWTR systems, Antifragile EW project, and development of Chaff countermeasures. Will now teaches at Washtenaw Community College in Ann Arbor, Michigan as a part time engineering professor. You can find more of Will’s work here at


  1. Jorge on August 14, 2017 at 11:47 am

    This is really good news

    • emee on October 24, 2017 at 12:56 pm

      actually it is not … for who gave authority over the gun rights of law abiding american citizens to the federal government??? The responsibility for gun oversight is NOT one of the limited enumerated powers…so all Federal Gun laws are unlawful.

      The States are to submit to the US Constitution therefore they have no right to make their own.

      Here are 2 sites, one a very informative video:

      Publius Huldah Powerful Speech: All Federal Gun Control Is Unlawful …
      Video for hulda publius and the 2nd amendment▶ 25:00

      this 2nd site, is also very educational and detailed… with references vital to our rights …enjoy:

      From Duty to be Armed to Permission to Carry « Publius-Huldah’s Blog…/from-duty-to-be-armed-to-permission-to-carr…

  2. Jeff A Williams on August 26, 2017 at 4:06 pm

    I live in Jerry Brown’s people’s republic of California.. I strongly support any law that will end his quest to make us law abiding citizens into criminals. And to take our guns
    I will help in any way!!
    Jeff A Williams

  3. Dennis Ulick on September 26, 2017 at 9:21 am

    Great to hear someone in office (Fed) is doing more than flapping his lips regarding Pro 2A rights. Hopefully, this measure will gain traction and become law before California declares all gun ownership against the law.

  4. Jon Super on December 7, 2017 at 9:52 am

    I can only reiterate previous quotes:
    “I would rather have a fire extinguisher and not need it, than need it and not have it.
    Same applies for my pistol.”
    “When guns are outlawed, only outlaws will have guns”
    Criminal and ill doers do not abide by laws anyway.
    Having a CC permit in my home state and travelling extensively for work, I must constantly be aware of individual state laws. After serving in the military, I believed I was a citizen of the UNITED STATES.

    • Ronald Arnce on September 24, 2018 at 1:34 pm


    • Cammie E Davis on November 29, 2018 at 5:04 pm

      Well Said.
      Thank You for Your Service🇺🇸💯🇺🇸💯

  5. Brett on April 8, 2018 at 10:07 am

    California has once again over stepped its authority we need to stand for are right to own guns we are a part of r the United States and we have constitutional rights whether the Republic of Jerry Brown agrees or not we have a right to protect our families whether it be an assault rifle or a pistol we all need to stand up for our rights and God bless America

    • Carol Horacek on March 19, 2019 at 10:10 am

      These politicians need to go back to school and learn reading comprehension. How is it so hard to understand the phrase in the second amendment “SHALL NOT BE INFRINGED”? Seems the Founders did this so the people could keep their freedoms, the backbone of our country. Politicians that make and support laws that “infringe” on The People’s rights should be ousted from office and the laws abolished.

  6. William on June 16, 2018 at 10:56 pm

    Best wishes to Chris Collins. I hope you succeed in your endeavor to help limit the constant erosion of our constitution.

    • Ronald Arnce on September 24, 2018 at 1:36 pm

      I am afraid giving control to feds only will make it harder for us to exercise our rights witness the last 8 yrs

  7. Wes on June 17, 2018 at 6:57 pm

    I live on the California side of Reno. I can’t buy ammo in Nevada anymore or order it through the mail. I can’t get the revolver I want because it’s barrel is .75” longer that the gun Ruger sent to be tested by our state government my rights are being infringed! The SA is a fed issue and should be the same for all of us

  8. Wes on June 17, 2018 at 7:11 pm

    i can send an email to the nra but how else can I help to get this law passed?

    • L.A. Paredes on June 18, 2018 at 1:35 pm

      You can do as you indicated, and we would also recommend communicating with our partner organization in Virginia – Gun Owners of America. They are heavily involved in lobbying Congress.

  9. JOHN M PELUSO on June 26, 2018 at 4:30 am

    If the Constitution is the law of the land. Then why all this fighting over States making new gun law.
    It seems to me that everyone who is against gun think laws can end gun rights. Also why do we need permits. A back ground check should be enough,the same with the type of gun we own.

    Thank You

  10. Ted on August 3, 2018 at 9:58 am

    I always though the same way John but where do we start you need every body to join in. Calif . thinks they are above The law so we still have our guns in locked box . and if I get stopped I wouldn’t put it past.Them to come up with some phoney charge and still hall me in for nothing. I have a hard time trusting anyone in calif. When it comes to doing the right thing .

  11. Joe s. on August 11, 2018 at 10:55 pm

    The only right That’s null and void if you cross the wrong state line. Law abiding citizen on the Pa side of the bridge, Criminal felon on the NJ side. How, in the UNITED STATES OF AMERICA,!is this ok? ITS NOT!!!

  12. David on August 31, 2018 at 8:37 am

    I don’t see how these gun-control laws get passed in states like CA. Shouldn’t the citing of the 10th Amendment be the end of conversation?:
    “2nd Amendment says, ‘the rights of the people to keep AND BEAR arms shall not be INFRINGED.’ Definition of Bear is to carry/show; definition of Infringe is to limit, undermine, or encroach on. Coupling that with the 10th Amendment, you could logically say, ‘State-government is prohibited by the Constitution to LIMIT, UNDERMINE, OUR ENCROACH ON (Infringe) a US citizens right to CARRY/SHOW (Bear) arms”
    Shouldn’t that be the end of conversation in a court debating this subject..?

  13. Dennis on November 25, 2018 at 7:10 pm

    If the voters in Wash. & Calif. are able to change & infringe upon our second amendment (which it seems has happened) Then our constitution is null & void & not worth the paper It’s written on. Our for fathers wrote these guidelines for the U.S.of A. to follow from this day forward 1776 through the present and future. We live in the greatest nation in the world. Maybe some of these anti gun voters should think about where we would be today if we had given up our fire arms. Think about our young brave solders that have give up there life’s so the voters today can live in the freedom that we so much cherish. I am a Vietnam Vet, and proud to have served my country, this was a very un popular war, but I did my part. The men in my family have carried arms in the Civil war, North & South, WW1, WW2, Korea, & my self Viet Nam. Thank God that my son was not called to duty. He is now 34.I think my self & my family has done our part for the greater good of our country. We were and are all Hunting sportsmen after the wars. Guns are a way of life for us along with our fishing poles…………Dennis

  14. Ar Rolin on July 19, 2019 at 2:44 am

    A gun control law in US state being passed? Doesn’t look like it!

    • jn naim on August 3, 2019 at 6:56 am

      Yes passed

  15. larry k Brown on August 3, 2019 at 6:58 am

    it’s Really Good News
    Well Said L.A. PAREDES

  16. Sylar on February 20, 2020 at 11:55 pm

    Great to hear someone in office (Fed) is doing more than flapping his lips regarding Pro 2A rights.

  17. David Hamburg on November 20, 2020 at 11:14 pm

    It has allways confused me how so many people have trouble understanding the 2nd amendment. It’s not like its written down or anything .LOL