HB159 would allow a police officer to arrest a person without a warrant if the police officer has probable cause to believe that the person is a knowing participant in a "straw purchase" of a "regulated firearm."
The House passed HB159 on February 28, 2023, by a vote of 115 to 19. We have assigned pluses to the nays because this bill attempts to force universal background checks for firearms purchases under the threat of warrantless arrest. However, neither the bill's classification of "regulated firearms" (e.g., handguns or semi-automatic rifles) nor its provisions related to the circumstances in which a person is "prohibited by law" from possessing them (e.g., under 21 years of age) is constitutional. The Second Amendment guarantees that "the right of the people to keep and bear Arms, shall not be infringed," without exception to a type of firearm or on account of age. In addition, the Bill of Rights and the 14th Amendment, in conjunction with the 26th Amendment, prevent "any State" from depriving or denying "any person," such as "citizens of the United States, who are eighteen years of age or older," of their "life, liberty, or property, without due process of law."
United States Constitution
Second Amendment
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
United States Constitution
Fifth Amendment
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
United States Constitution
14th Amendment Section 1
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
