DHS Says It Will 'Not Abide' by California's Ban on Electric-Shock Gloves, Citing the Supremacy Clause

The California Legislature passed a bill on Aug. 31 barring law enforcement from using electric-shock gloves through 2030, weeks after reporting that Immigration and Customs Enforcement planned to spend up to $20 million on them. The Department of Homeland Security said the same day that it would not comply: "To be crystal clear: we will not abide by unconstitutional bans. The Supremacy Clause makes it clear that California's sanctuary politicians do not control federal law enforcement." The department also called the measure a deliberate attempt to endanger its officers. The bill's author, Assemblymember LaShae Sharp-Collins, argued that such technology must be proven safe before deployment.

The exchange is a direct declaration by a federal department that it will disregard a state law regulating conduct inside that state, in advance of any court ruling on which government's position is correct.

Gov. Gavin Newsom has until Sept. 30 to sign or veto the bill and has not said what he will do. Several California police agencies have already bought or are testing the gloves. No court has ruled on the preemption question DHS raises.