Bills filed to prevent enforcement of federal gun laws in Georgia
State Sen. Colton Moore, R-trenton, and state Rep. Charlice Byrd, R-woodstock, have introduced legislation aimed at stopping Georgia law enforcement from enforcing federal gun regulations.
Byrd is the chief sponsor of House Bill 293, also known as the “Second Amendment Preservation Act.” HB 293, along with its state Senate companion SB 67, which is sponsored by Moore, have yet to come to a vote.
House cosponsors include Rep. Mitchell Scoggins, whose district includes portions of northwest Cherokee County and parts of Bartow County.
The bill would prohibit Georgia state or local law enforcement officers from enforcing certain federal gun laws and gun control measures passed by Congress or by presidential executive order.
Georgia law enforcement would be limited to enforcing state laws when it comes to firearms, ammunition and accessories, Byrd said in an email.
“I filed SAPA and believe it is critically important because our right to keep and bear arms is under attack from Joe Biden and the radical left,” Byrd said.
The “Second Amendment Preservation Act” is modeled after a bill with the same name in Missouri that was signed into law there in 2021.
“It is quickly making its way through ‘Red America’ in states like Iowa, Ohio, and Kentucky,” Byrd said. “States have always had the right to not enforce federal law under the ‘anti-commandeering’ doctrine. There’s excellent Supreme Court precedent dating all the way back to before the Civil War when the Federal Government tried to force the state of Pennsylvania to round up runaway slaves and return them. Pennsylvania refused, and the Supreme Court confirmed it was their right to do so.”
Byrd called HB 293 a “pro-law enforcement bill.”
“SAPA protects law enforcement officers from being forced to work for Joe Biden,” she said. “It provides protection for departments and individual officers from their superiors who would try to force them to help Joe Biden with his attack on our Second Amendment.”
If signed into law, policing agencies or other government entities that attempt to enforce federal rules and regulations in violation of the ban would face a $50,000 fine. It also gives standing to residents who believe their rights have been denied by an agency in violation of the code to bring action for civil damages.
“We hope it will happen shortly,” she said. “Between the two bills, we have dozens of co-sponsors and overwhelming support across the entire state.”
Georgia Senate District 53 Colton Moore represents Georgia Senate District 53, which includes all of Catoosa, Walker, Chattooga and Dade counties, and a portion of Floyd County.
Georgia Senate District 53 Colton Moore represents Georgia Senate District 53, which includes all of Catoosa, Walker, Chattooga and Dade counties, and a portion of Floyd County.