HB 121: Second Amendment Preservation Act; enact

HB121, called the Second Amendment Preservation Act, would add a new part to Georgia's criminal code declaring that many federal firearms laws, executive orders, and regulations exceed the federal government's constitutional powers when applied inside Georgia. It would forbid any Georgia public officer or employee, including local law enforcement, from enforcing or assisting in the enforcement of federal firearms, accessory, or ammunition rules, and from giving 'material aid' such as equipment, personnel, or facilities to federal efforts to do so. Any law enforcement agency whose officer knowingly breaks this rule would face a $50,000 civil penalty per occurrence, and individuals who assist could face the same penalty per employee. Injured people or residents could sue for damages or injunctions, get a hearing within 30 days, and collect attorney's fees if they win; the bill also waives sovereign immunity as a defense. Exceptions cover federal officials pursuing out-of-state suspects, aid already accepted by Georgia officials, and cases where gun charges are secondary to felony drug or other prosecutions. The law would take effect July 1, 2025.

• Creates a new part of Georgia law (O.C.G.A. Part 6 of Article 4, Chapter 11, Title 16) called the Second Amendment Preservation Act.
• Bars any Georgia public officer or employee, state or local, from enforcing or helping enforce federal firearms, accessory, or ammunition laws or regulations.
• Prohibits public offices from providing 'material aid' (equipment, facilities, personnel, transportation, etc.) to federal firearms enforcement efforts.
• Imposes a $50,000 civil penalty per occurrence on agencies whose officers knowingly violate the ban, and lets injured parties sue for damages or an injunction.
• Waives sovereign, official, and qualified immunity as defenses in these lawsuits and allows winning parties (other than the state) to recover attorney's fees.
• Exempts aid Georgia has already agreed to accept, pursuit of out-of-state fugitives, and gun charges that are secondary to certain felony drug prosecutions.

State and local law enforcement agencies and their officers, other public employees, county and city governments, gun owners and sellers in Georgia, and residents who could sue over violations. Federal agents and officials seeking Georgia cooperation on firearms enforcement would also be directly affected.

If enacted, Georgia police and other public employees could face lawsuits and $50,000 penalties for cooperating with federal firearms enforcement, which could complicate joint task forces and change how local agencies handle federal gun cases, while also opening a new path for residents to sue local governments.

• Section 1 adds Code Sections 16-11-180 through 16-11-186, creating the Second Amendment Preservation Act with findings on federal versus state power over firearms.
• 16-11-182 defines 'law-abiding citizen' and 'material aid,' the latter covering lodging, communications, weapons, personnel, and transportation but not medical aid.
• 16-11-183 bars public officers and employees from enforcing or aiding enforcement of federal firearms, accessory, or ammunition rules.
• 16-11-184 sets a $50,000 civil penalty per occurrence for agencies whose officers knowingly violate the ban, with a right to sue and a 30-day hearing requirement.
• 16-11-185 imposes a $50,000 per-employee penalty on agencies that knowingly hire individuals who enforce or aid enforcement of federal firearms rules on or after July 1, 2025.
• 16-11-186 creates exceptions for previously accepted federal aid, pursuit of out-of-state suspects, and ancillary weapons charges tied to certain felony drug prosecutions.
• 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 versus state law
• law enforcement policy
• Second Amendment
• civil lawsuits against government