Proposed Georgia Bill Would Limit Enforcement of Federal Gun Control Measures

Proposed Georgia legislation aims to protect Georgia citizens from possible federal gun control overreach. As reported, “On January 23, 2024, State Representative Charlice Byrd introduced a bill — House Bill 1009 (HB1009), titled the Second Amendment Preservation Act. The bill would ban the use of state personnel or resources for the enforcement of any gun control coming from the federal level.”

Much has been written analyzing the possible threats from the federal government on what is generically referred to as “gun control” and much has been written on what, if anything, states can do to protect its citizens from federal gun control legislation that a state deems to be unconstitutional.

As an example of one analysis, “According to the Tenth Amendment Center, HB1009 would ban public officers and employees of the state and its political subdivisions from enforcing or participating in any way in the enforcement of any federal acts, executive orders, administrative orders, rules, regulations, laws, or ordinances dealing with firearms, firearm accessories, or ammunition.”

Tenth Amendment Center also interprets HB1009 preventing “public offices and state employees from providing “material support” for enforcement of the same gun control measures.” Material support is defined as “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.”

A vital component of HB1009 is implementing its provisions “would not require a prior determination of the constitutionality of this measure.” Mike Maharrey of The Tenth Amendment Center elaborated: “provisions of the National Firearms Act of 1934, the Gun Control Act of 1968, President Trump’s bump-stock bantwo ATF regulations from executive orders issued by Joe Biden, proposed federal “red-flag laws,” and any future gun control schemes implemented by the federal government” would be subject to the prohibition.” As interpreted, “Georgia would only actively enforce Georgia laws with respect to guns.”

Byrd’s proposed legislation contains powerful enforcement mechanisms. Those knowing breaking the law would 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 per occurrence.”

Additionally, the bill would “impose the same civil penalty on any political subdivision or law enforcement body that knowingly employs a local, state, or federal agent who broke the law.”

D & B Staff

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