HB121: HB121 Second Amendment Preservation Act; enact

25 LC 39 4468 House Bill 121 By: Representatives Byrd of the 20th and Kahaian of the 81st A BILL TO BE ENTITLED AN ACT To amend Article 4 of Chapter 11 of Title 16 of the Official Co de of Georgia Annotated,1 relating to dangerous instrumentalities and practices, so as to provide for protections against2 the infringements on the right to keep and bear arms; to provide for a short title; to provide3 for legislative findings and intent; to provide for definitions ; to prohibit public officers or4 employees from enforcing or providing assistance for the enforc ement of federal laws or5 actions relative to firearms, firearm accessories, and ammuniti on; to provide for causes of6 action; to provide for hearings; to provide for civil penalties; to provide for attorney's fees7 and costs; to waive sovereign immunity; to provide for applicability; to provide for related8 matters; to provide for an effective date and applicability; to repeal conflicting laws; and for9 other purposes.10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11 SECTION 1.12 Article 4 of Chapter 11 of Title 16 of the Official Code of Geo rgia Annotated, relating to13 dangerous instrumentalities and practices, is amended by adding a n e w p a r t t o r e a d a s14 follows:15 H. B. 121 - 1 - 25 LC 39 4468 "Part 616 16-11-180.17 This part shall be known and may be cited as the 'Second Amendment Preservation Act.'18 16-11-181.19 The General Assembly finds and declares that:20 (1) The General Assembly is firmly resolved to support and defend the Constitution of21 the United States against every aggression, whether foreign or domestic, and is duty22 bound to oppose every infraction of those foundational principles that constitute the basis23 of the union of the states because only a faithful observance of those principles can secure24 the union's existence and public happiness;25 (2) Acting through the Constitution of the United States, the people of the several states26 created the federal government to be their agent in the exercise of a few defined powers,27 while reserving for the state governments the power to legislat e on matters concerning28 the lives, liberties, and properties of citizens in the ordinary course of affairs;29 (3) The limitation of the federal government's power is affirm ed under the30 Tenth Amendment to the Constitution of the United States, which defines the total scope31 of federal power as being that which has been delegated by the people of the several32 states to the federal government, and all power not delegated to the federal government33 in the Constitution of the United States is reserved to the sta tes respectively or to the34 people themselves;35 (4) If the federal government assumes powers that the people d id not grant it in the36 Constitution of the United States, its acts are authoritative and of no force;37 (5) The several states of the United States respect the proper role of the federal38 government but reject the proposition that such respect require s unlimited submission. 39 If the government, created by a compact among the states, was t he exclusive or final40 H. B. 121 - 2 - 25 LC 39 4468 judge of the extent of the powers granted to it by the states through the Constitution of41 the United States, the federal government's discretion, and not the Constitution of the42 United States, would necessarily become the measure of those powers. To the contrary,43 as in all other cases of compacts among powers having no common judge, each party has44 an equal right to judge for itself as to whether infractions of the compact have occurred,45 as well as to determine the mode and measure of redress. Altho ugh the several states46 have granted supremacy to laws and treaties made under the powe rs granted in the47 Constitution of the United States, such supremacy does not exte nd to various federal48 statutes, executive orders, administrative orders, court orders, rules, regulations, or other49 actions which collect data or restrict or prohibit the manufacture, ownership, and use of50 firearms, firearm accessories, or ammunition exclusively within the borders of this state;51 such statutes, executive orders, administrative orders, court orders, rules, regulations, and52 other actions exceed the powers granted to the federal government, except to the extent53 that they are necessary and proper for governing and regulating the United States armed54 forces or for organizing, arming, and disciplining militia forces actively employed in the55 service of the United States armed forces;56 (6) The people of the several states have given Congress the p ower 'to regulate57 commerce with foreign nations, and among the several states,' but 'regulating commerce'58 does not include the power to limit citizens' right to keep and bear arms in defense of59 their families, neighbors, persons, or property, or to dictate what sort of arms and60 accessories law-abiding citizens may buy, sell, exchange, or otherwise possess within the61 borders of this state;62 (7) The people of the several states have also granted Congres s the power 'to lay and63 collect taxes, duties, imports, and excises, to pay the debts, and provide for the common64 defense and general welfare of the United States' and 'to make all laws which shall be65 necessary and proper for carrying into execution the powers vested by the Constitution66 of the United States in the government of the United States, or in any department or67 H. B. 121 - 3 - 25 LC 39 4468 office thereof.' These constitutional provisions merely identify the means by which the68 federal government may execute its limited powers and shall not be construed to grant69 unlimited power, because to do so would be to destroy the caref ully constructed70 equilibrium between the federal and state governments. Consequ ently, the General71 Assembly rejects any claim that the taxing and spending powers of Congress may be used72 to diminish in any way the right of the people to keep and bear arms;73 (8) The General Assembly finds that the federal excise tax rate on arms and ammunition74 in effect prior to January 1, 2025, which funds programs under the federal Wildlife75 Restoration Act, does not have a chilling effect on the purchas e or ownership of such76 arms and ammunition;77 (9) The people of this state have vested the General Assembly with the authority to78 regulate the manufacture, possession, exchange, and use of firearms within the borders79 of this state, subject only to the limits imposed by the Second Amendment to the80 Constitution of the United States and Article I, Section I, Paragraph 8 of the Constitution81 of Georgia; and82 (10) The General Assembly strongly promotes responsible gun ow nership, including83 parental supervision of minors in the proper use, storage, and ownership of all firearms;84 the prompt reporting of stolen firearms; and the proper enforcement of all state gun laws. 85 The General Assembly hereby condemns any unlawful transfer of firearms and the use86 of any firearm in any criminal or unlawful activity.87 16-11-182.88 As used in this part, the term:89 (1) 'Law-abiding citizen' means an individual who is not otherwise precluded under state90 law from possessing a firearm and shall not be construed to inc lude anyone who is not91 legally present in the United States or the State of Georgia.92 H. B. 121 - 4 - 25 LC 39 4468 (2) 'Material aid' means and includes voluntarily giving or allowing others to make use93 of lodging; communications equipment or services, including soc ial media accounts;94 facilities; weapons; personnel; transportation; clothing; or other physical assets. Material95 aid shall not include giving or allowing the use of medicine or other materials necessary96 to treat physical injuries or assistance provided to help persons escape a serious, present97 risk of life-threatening injury.98 16-11-183.99 (a) No public officer or employee of this state or any politic al subdivision thereof shall100 have the authority to enforce, attempt to enforce, or participa te in any way in the101 enforcement of any federal acts, executive orders, administrative orders, rules, regulations,102 statutes, or ordinances regarding firearms, firearm accessories, or ammunition.103 (b) No public office, public officer, or employee of this state or any political subdivision104 thereof shall accede to a request to give material aid or support to the efforts of the other105 in the enforcement of or implementation of any federal acts, ex ecutive orders,106 administrative orders, rules, regulations, statutes, or ordinances regarding firearms, firearm107 accessories, or ammunition.108 16-11-184.109 (a) Any political subdivision or law enforcement agency that employs a law enforcement110 officer who knowingly violates Code Section 16-11-183 while act ing under the color of111 any state or federal law, shall be liable to the injured party in an action at law, suit in112 equity, or other proper proceeding for redress and subject to a civil penalty of $50,000.00113 per occurrence.114 (b) Any person injured under this Code section shall have standing to bring an action for115 injunctive relief in the superior court of the county where the political subdivision or law116 enforcement agency is located. The superior court shall hold a hearing upon the motion117 H. B. 121 - 5 - 25 LC 39 4468 for a temporary restraining order and preliminary injunction within 30 days of service of118 the petition.119 (c) In any action brought pursuant to this Code section, the court may award the prevailing120 party, other than the State of Georgia or any political subdivi sion thereof, reasonable121 attorney's fees and costs.122 (d) Sovereign, official, or qualified immunity shall not be an affirmative defense in any123 action brought pursuant to this Code section and is hereby waived.124 16-11-185.125 (a) Any political subdivision or law enforcement agency that k nowingly employs an126 individual acting or who previously acted as an official, agent, employee, or deputy of the127 government of the United States, or otherwise acted under the color of federal law within128 this state, who knowingly commits any of the following acts on or after July 1, 2025, shall129 be subject to a civil penalty of $50,000.00 per employee hired by the political subdivision130 or law enforcement agency:131 (1) Enforces, attempts to enforce, or participates in any mann er in the enforcement or132 implementation of any federal acts, executive orders, administr ative orders, rules,133 regulations, statutes, or ordinances regarding firearms, firear m accessories, or134 ammunition; or135 (2) Gives material aid or support to the efforts of another in the enforcement or136 implementation of any federal acts, executive orders, administr ative orders, rules,137 regulations, statutes, or ordinances regarding firearms, firear m accessories, or138 ammunition.139 (b) Any person residing in a political subdivision of this sta te who believes that an140 individual has taken action that would violate the provisions of this Code section shall have141 standing to bring an action for such civil damages.142 H. B. 121 - 6 - 25 LC 39 4468 (c) Any person residing or conducting business in a jurisdiction in this state who believes143 that an individual has taken action that would violate the provisions of this Code section144 shall have standing to bring an action for injunctive relief in the superior court of the145 county where the political subdivision or law enforcement agency is located.146 (d) The court shall hold a hearing upon the motion for a temporary restraining order and147 preliminary injunction within 30 days of service of the petition.148 (e) In any action brought pursuant to this Code section, the court may award the prevailing149 party, other than the State of Georgia or any political subdivi sion thereof, reasonable150 attorney's fees and costs.151 (f) Sovereign, official, or qualified immunity shall not be an affirmative defense in such152 actions and is hereby waived.153 16-11-186.154 (a) Nothing in this part shall prohibit officials of this state from accepting aid from federal155 officials for the enforcement of the laws of this state.156 (b) Nothing in this part shall prohibit the aid to federal off icials who are in pursuit of a157 suspect when there is a demonstrable criminal nexus with another state or country and such158 suspect is neither a citizen of this state nor is present in this state.159 (c) Nothing in this part shall apply to the provision of material aid for a federal prosecution160 for any violations comparable to felony violations of Chapter 5 of this title or felony161 violations of Chapter 13 of this title relating to Schedule I a nd Schedule II controlled162 substances, so long as such weapons violations are ancillary to such prosecution."163 SECTION 2.164 This Act shall become effective on July 1, 2025, and shall be a pplicable to offenses165 committed on and after such date.166 H. B. 121 - 7 - 25 LC 39 4468 SECTION 3.167 All laws and parts of laws in conflict with this Act are repealed.168 H. B. 121 - 8 -