HB121: HB121 Second Amendment Preservation Act; enact

This bill, called the Second Amendment Preservation Act, would add a new part to Georgia's criminal code addressing firearms. It declares that certain federal statutes, executive orders, and regulations that restrict firearms, firearm accessories, or ammunition within Georgia exceed the federal government's constitutional powers, except for rules governing the U.S. armed forces or militia in federal service. The bill would prohibit any Georgia public officer or employee, including police, from enforcing federal firearms laws or giving material aid to federal efforts to enforce them. Political subdivisions or law enforcement agencies whose officers violate this face a $50,000 civil penalty per occurrence, and residents could sue for damages or an injunction, with sovereign immunity waived and attorney's fees available to prevailing parties. It carves out exceptions for accepting federal aid to enforce Georgia's own laws, for pursuing suspects with no Georgia ties, and for federal prosecutions tied to violent felonies or major drug trafficking. The law would take effect July 1, 2025.

• Bars any Georgia public officer or employee, including police, from enforcing or helping enforce federal laws, orders, rules, or regulations on firearms, accessories, or ammunition.
• Imposes a $50,000 civil penalty per occurrence on a political subdivision or law enforcement agency whose officer knowingly violates this ban while acting under state or federal authority.
• Sets a separate $50,000 penalty per hired employee for agencies that knowingly employ former federal officials who enforce or aid federal firearms enforcement after July 1, 2025.
• Lets injured people or residents sue in superior court for damages or injunctions, waives sovereign, official, and qualified immunity as a defense, and allows attorney's fees for prevailing parties other than the state.
• Exempts aid to federal officials enforcing Georgia's own laws, pursuing suspects with no Georgia connection, or prosecuting felony violence or major drug trafficking cases where a weapons charge is secondary.
• Declares state legislative findings asserting that many federal firearms restrictions exceed constitutional federal power over interstate commerce or taxing and spending.

State and local government employees and law enforcement officers in Georgia, political subdivisions and law enforcement agencies as employers, federal officials operating in Georgia, gun owners and sellers, and residents who could sue over violations of the new restrictions.

If enacted, Georgia police and other officials could face lawsuits and $50,000 penalties for assisting federal firearms enforcement, which could change how local agencies cooperate with federal authorities on gun cases and expose them to new legal and financial risk.

• Section 1 creates new Code Sections 16-11-180 through 16-11-186 under a new 'Second Amendment Preservation Act' part of Title 16.
• 16-11-181 lays out legislative findings arguing many federal firearms rules exceed constitutional authority, invoking the Tenth Amendment and Georgia's own constitution.
• 16-11-182 defines 'law-abiding citizen' and 'material aid,' the latter covering lodging, communications, weapons, personnel, transportation, and similar support.
• 16-11-183 bars public officers, employees, and offices from enforcing or aiding enforcement of federal firearms laws or providing material aid to such enforcement.
• 16-11-184 sets a $50,000 civil penalty per occurrence for agencies whose officers violate the ban, allows injunctive relief lawsuits with a 30 day hearing requirement, and waives sovereign immunity.
• 16-11-185 sets a separate $50,000 per-employee penalty for agencies knowingly employing former federal agents who enforce or aid enforcement of federal firearms rules after July 1, 2025.
• 16-11-186 exempts accepting federal aid for state law enforcement, pursuing suspects unconnected to Georgia, and federal prosecutions tied to violent felonies or major drug trafficking.
• Section 2 sets the effective date as July 1, 2025, applying to offenses committed on or after that date.

1. 2025-01-29House Second Readers (House)
2. 2025-01-28House First Readers (House)
3. 2025-01-27House Hopper (House)

• Charlice Byrd (R, HD-020)Primary sponsor
• Noelle Kahaian (R, HD-081)
• Reynaldo Martinez (R, HD-111)

• gun rights
• federal-state conflict
• law enforcement policy
• civil lawsuits
• Second Amendment