What a Second Amendment Sanctuary Is
A Second Amendment sanctuary is a jurisdiction, state, county, or municipality, that has passed a resolution or ordinance declaring that its law enforcement agencies will not enforce firearms laws they consider to be unconstitutional violations of the Second Amendment. The resolutions vary in specificity: some are symbolic declarations, others include explicit non-enforcement directives to sheriffs and police departments.
As of 2026, over 1,400 U.S. counties and multiple states have passed some form of Second Amendment sanctuary resolution, making it one of the most widespread local government policy movements in modern American history.
The Constitutional Basis
Second Amendment sanctuary proponents draw on the anti-commandeering doctrine, a line of Supreme Court cases holding that the federal government cannot compel state or local officials to enforce federal law. The most relevant precedent is Printz v. United States (1997), in which the Supreme Court struck down a provision of the Brady Act that required local sheriffs to conduct background checks on gun purchasers.
The legal argument: if the federal government cannot force local officers to enforce federal gun laws, then local jurisdictions have the discretion to decline enforcement when they believe those laws exceed constitutional authority.
What It Means in Practice
In practice, Second Amendment sanctuary status means different things in different jurisdictions. In some counties, it is a symbolic resolution with no operational effect. In others, it means the sheriff has issued a formal policy of non-cooperation with state or federal agencies seeking to enforce specific firearms regulations.
From Sam Stone’s experience in county government in Maricopa County, symbolic resolutions and operational policies are very different things. A resolution that says a county will not enforce unconstitutional gun laws is not the same as a sheriff’s department that has specific written protocols distinguishing which enforcement requests it will and will not honor.
The Conservative Policy Argument
The conservative case for Second Amendment sanctuaries rests on three arguments: federalism (local governments have the right to decline enforcement of laws that exceed federal authority), individual rights protection (the Second Amendment is a constitutional right requiring active protection, not passive deference), and political accountability (elected sheriffs answer to their constituents, and those constituents have expressed clear preferences on gun rights through the sanctuary movement).
Frequently Asked Questions
What is a Second Amendment sanctuary?
A Second Amendment sanctuary is a jurisdiction that has declared it will not enforce firearms laws it considers unconstitutional violations of the Second Amendment. Over 1,400 U.S. counties have passed such resolutions.
Are Second Amendment sanctuaries legal?
The legal basis rests on the anti-commandeering doctrine established in Printz v. United States (1997), which prevents the federal government from compelling local officials to enforce federal law. The specific legality of any given sanctuary policy depends on the specific laws it declines to enforce.
Which states have Second Amendment sanctuary status?
States that have passed statewide Second Amendment sanctuary legislation or resolutions include Missouri, Montana, Wyoming, Idaho, West Virginia, and several others.
