Georgia CommonsHB 121: Second Amendment Preservation Act; enact
Introduced version, the latest LegiScan holds · Last action January 29, 2025 · Introduced
The text as LegiScan holds it, read from the PDF the legislature publishes with its margin line numbers, running heads, and page footers removed. Line breaks are joined into paragraphs here; no word is changed.
Underlined words are what the bill adds to current law and struck-through words are what it removes, as the printed bill shows them.
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 Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to provide for protections against the infringements on the right to keep and bear arms; to provide for a short title; to provide for legislative findings and intent; to provide for definitions; to prohibit public officers or employees from enforcing or providing assistance for the enforcement of federal laws or actions relative to firearms, firearm accessories, and ammunition; to provide for causes of action; to provide for hearings; to provide for civil penalties; to provide for attorney's fees and costs; to waive sovereign immunity; to provide for applicability; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, is amended by adding a new part to read as follows:
"Part 6
16-11-180.
This part shall be known and may be cited as the 'Second Amendment Preservation Act.'
16-11-181.
The General Assembly finds and declares that:
(1) The General Assembly is firmly resolved to support and defend the Constitution of the United States against every aggression, whether foreign or domestic, and is duty bound to oppose every infraction of those foundational principles that constitute the basis of the union of the states because only a faithful observance of those principles can secure the union's existence and public happiness;
(2) Acting through the Constitution of the United States, the people of the several states created the federal government to be their agent in the exercise of a few defined powers, while reserving for the state governments the power to legislate on matters concerning the lives, liberties, and properties of citizens in the ordinary course of affairs;
(3) The limitation of the federal government's power is affirmed under the Tenth Amendment to the Constitution of the United States, which defines the total scope of federal power as being that which has been delegated by the people of the several states to the federal government, and all power not delegated to the federal government in the Constitution of the United States is reserved to the states respectively or to the people themselves;
(4) If the federal government assumes powers that the people did not grant it in the Constitution of the United States, its acts are authoritative and of no force;
(5) The several states of the United States respect the proper role of the federal government but reject the proposition that such respect requires unlimited submission. If the government, created by a compact among the states, was the exclusive or final judge of the extent of the powers granted to it by the states through the Constitution of the United States, the federal government's discretion, and not the Constitution of the United States, would necessarily become the measure of those powers. To the contrary, as in all other cases of compacts among powers having no common judge, each party has an equal right to judge for itself as to whether infractions of the compact have occurred, as well as to determine the mode and measure of redress. Although the several states have granted supremacy to laws and treaties made under the powers granted in the Constitution of the United States, such supremacy does not extend to various federal statutes, executive orders, administrative orders, court orders, rules, regulations, or other actions which collect data or restrict or prohibit the manufacture, ownership, and use of firearms, firearm accessories, or ammunition exclusively within the borders of this state; such statutes, executive orders, administrative orders, court orders, rules, regulations, and other actions exceed the powers granted to the federal government, except to the extent that they are necessary and proper for governing and regulating the United States armed forces or for organizing, arming, and disciplining militia forces actively employed in the service of the United States armed forces;
(6) The people of the several states have given Congress the power 'to regulate commerce with foreign nations, and among the several states,' but 'regulating commerce' does not include the power to limit citizens' right to keep and bear arms in defense of their families, neighbors, persons, or property, or to dictate what sort of arms and accessories law-abiding citizens may buy, sell, exchange, or otherwise possess within the borders of this state;
(7) The people of the several states have also granted Congress the power 'to lay and collect taxes, duties, imports, and excises, to pay the debts, and provide for the common defense and general welfare of the United States' and 'to make all laws which shall be necessary and proper for carrying into execution the powers vested by the Constitution of the United States in the government of the United States, or in any department or office thereof.' These constitutional provisions merely identify the means by which the federal government may execute its limited powers and shall not be construed to grant unlimited power, because to do so would be to destroy the carefully constructed equilibrium between the federal and state governments. Consequently, the General Assembly rejects any claim that the taxing and spending powers of Congress may be used to diminish in any way the right of the people to keep and bear arms;
(8) The General Assembly finds that the federal excise tax rate on arms and ammunition in effect prior to January 1, 2025, which funds programs under the federal Wildlife Restoration Act, does not have a chilling effect on the purchase or ownership of such arms and ammunition;
(9) The people of this state have vested the General Assembly with the authority to regulate the manufacture, possession, exchange, and use of firearms within the borders of this state, subject only to the limits imposed by the Second Amendment to the Constitution of the United States and Article I, Section I, Paragraph 8 of the Constitution of Georgia; and
(10) The General Assembly strongly promotes responsible gun ownership, including parental supervision of minors in the proper use, storage, and ownership of all firearms; the prompt reporting of stolen firearms; and the proper enforcement of all state gun laws. The General Assembly hereby condemns any unlawful transfer of firearms and the use of any firearm in any criminal or unlawful activity.
16-11-182.
As used in this part, the term:
(1) 'Law-abiding citizen' means an individual who is not otherwise precluded under state law from possessing a firearm and shall not be construed to include anyone who is not legally present in the United States or the State of Georgia.
(2) 'Material aid' means and includes voluntarily giving or allowing others to make use of lodging; communications equipment or services, including social media accounts; facilities; weapons; personnel; transportation; clothing; or other physical assets. Material aid shall not include giving or allowing the use of medicine or other materials necessary to treat physical injuries or assistance provided to help persons escape a serious, present risk of life-threatening injury.
16-11-183.
(a) No public officer or employee of this state or any political subdivision thereof shall have the authority to enforce, attempt to enforce, or participate in any way in the enforcement of any federal acts, executive orders, administrative orders, rules, regulations, statutes, or ordinances regarding firearms, firearm accessories, or ammunition.
(b) No public office, public officer, or employee of this state or any political subdivision thereof shall accede to a request to give material aid or support to the efforts of the other in the enforcement of or implementation of any federal acts, executive orders, administrative orders, rules, regulations, statutes, or ordinances regarding firearms, firearm accessories, or ammunition.
16-11-184.
(a) Any political subdivision or law enforcement agency that employs a law enforcement officer who knowingly violates Code Section 16-11-183 while acting under the color of any state or federal law, shall be liable to the injured party in an action at law, suit in equity, or other proper proceeding for redress and subject to a civil penalty of $50,000.00 per occurrence.
(b) Any person injured under this Code section shall have standing to bring an action for injunctive relief in the superior court of the county where the political subdivision or law enforcement agency is located. The superior court shall hold a hearing upon the motion for a temporary restraining order and preliminary injunction within 30 days of service of the petition.
(c) In any action brought pursuant to this Code section, the court may award the prevailing party, other than the State of Georgia or any political subdivision thereof, reasonable attorney's fees and costs.
(d) Sovereign, official, or qualified immunity shall not be an affirmative defense in any action brought pursuant to this Code section and is hereby waived.
16-11-185.
(a) Any political subdivision or law enforcement agency that knowingly employs an individual acting or who previously acted as an official, agent, employee, or deputy of the government of the United States, or otherwise acted under the color of federal law within this state, who knowingly commits any of the following acts on or after July 1, 2025, shall be subject to a civil penalty of $50,000.00 per employee hired by the political subdivision or law enforcement agency:
(1) Enforces, attempts to enforce, or participates in any manner in the enforcement or implementation of any federal acts, executive orders, administrative orders, rules, regulations, statutes, or ordinances regarding firearms, firearm accessories, or ammunition; or
(2) Gives material aid or support to the efforts of another in the enforcement or implementation of any federal acts, executive orders, administrative orders, rules, regulations, statutes, or ordinances regarding firearms, firearm accessories, or ammunition.
(b) Any person residing in a political subdivision of this state who believes that an individual has taken action that would violate the provisions of this Code section shall have standing to bring an action for such civil damages.
(c) Any person residing or conducting business in a jurisdiction in this state who believes that an individual has taken action that would violate the provisions of this Code section shall have standing to bring an action for injunctive relief in the superior court of the county where the political subdivision or law enforcement agency is located.
(d) The court shall hold a hearing upon the motion for a temporary restraining order and preliminary injunction within 30 days of service of the petition.
(e) In any action brought pursuant to this Code section, the court may award the prevailing party, other than the State of Georgia or any political subdivision thereof, reasonable attorney's fees and costs.
(f) Sovereign, official, or qualified immunity shall not be an affirmative defense in such actions and is hereby waived.
16-11-186.
(a) Nothing in this part shall prohibit officials of this state from accepting aid from federal officials for the enforcement of the laws of this state.
(b) Nothing in this part shall prohibit the aid to federal officials who are in pursuit of a suspect when there is a demonstrable criminal nexus with another state or country and such suspect is neither a citizen of this state nor is present in this state.
(c) Nothing in this part shall apply to the provision of material aid for a federal prosecution for any violations comparable to felony violations of Chapter 5 of this title or felony violations of Chapter 13 of this title relating to Schedule I and Schedule II controlled substances, so long as such weapons violations are ancillary to such prosecution."
SECTION 2.
This Act shall become effective on July 1, 2025, and shall be applicable to offenses committed on and after such date.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.