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GA HB121

Second Amendment Preservation Act; enact


summary

Introduced
01/27/2025
In Committee
Crossed Over
Passed
Dead

Introduced Session

2025-2026 Regular Session

Bill Summary

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.

AI Summary

This bill, known as the Second Amendment Preservation Act, establishes a comprehensive legal framework that prohibits Georgia state and local government officials from enforcing or supporting federal firearms regulations they believe exceed constitutional authority. The bill includes detailed legislative findings asserting that the federal government's power to regulate firearms is limited, and that states have the right to resist federal actions that infringe on citizens' Second Amendment rights. Key provisions include: prohibiting public officers from enforcing federal firearms laws, defining "law-abiding citizens" and "material aid", establishing significant civil penalties ($50,000) for agencies that violate these restrictions, and creating legal mechanisms for citizens to sue agencies or individuals who assist in federal firearm regulation enforcement. The bill allows state officials to cooperate with federal authorities in specific circumstances, such as pursuing criminal suspects or prosecuting serious felony weapons violations, and includes exceptions for federal prosecutions involving controlled substance violations. Notably, the act will become effective on July 1, 2025, and applies only to offenses committed on or after that date, giving state and local agencies time to adjust their policies and practices to comply with the new law.

Committee Categories

Justice

Sponsors (3)

Last Action

House Second Readers (on 01/29/2025)

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