Members of the Georgia General Assembly are seeking to pass what would be one of the strongest and most comprehensive bills to nullify federal gun control.
House Bill 1009 (HB 1009), House Bill 293 (HB 293), and Senate Bill 67 (SB 67) are all titled the “Second Amendment Preservation Act.” SB 67 is sponsored by Senator Colton Moore (R-Trenton) and seven other senators, while HB 293 and HB 1009 are both sponsored by Representative Charlice Byrd (R-Woodstock) and other representatives. On February 21, SB 67 was withdrawn from committee, thus preventing it from dying.
HB 1009, HB 293, and SB 67 make several declarations, including support for a limited federal government as stipulated in the 10th Amendment, the invalidity of federal powers not enumerated in the Constitution, and an elaboration of what policies the federal government and the Georgia state government can and cannot constitutionally enforce.
Next, the bill gives a list of policies, which might be contained in “federal acts, laws, executive orders, administrative orders, court orders, rules, and regulations,” that violate the U.S. Constitution’s Second Amendment and Article I, Section I, Paragraph 8 of the Constitution of Georgia. These include any tax that might discourage gun purchases or ownership; gun confiscation laws; laws that prohibit law-abiding individuals to own, use, or transfer guns; and laws mandating the tracking and registration of firearms, gun owners, gun accessories, or ammunition.
Importantly, HB 1009, HB 293, and SB 67 would nullify past, present, and future unconstitutional firearm restrictions. Additionally, while the bill does not name any specific federal laws, the 1934 National Firearms Act and the 1968 Gun Control Act would effectively be included among the laws nullified.
The rest of the bill primarily ensures that government officials at the state and local levels do not enforce the listed unconstitutional federal gun control policies and provides citizens with a means of redress if their self-defense rights are violated.
HB 1009, HB 293, and SB 67 are a good application of Article VI of the U.S. Constitution, which states “[t]his Constitution, and the Laws of the United States which shall be made in Pursuance thereof … shall be the supreme Law of the Land.”
Since the various forms of infringement outlined in HB 1009, HB 293, and SB 67 violate the Second Amendment and, by extension, the U.S. Constitution, they cannot be considered “made in Pursuance thereof” and, thus, are not “the supreme Law of the Land.” Unfortunately, in the last several decades, thousands of unconstitutional laws on the federal, state, and even local levels have been created and enforced.
Because of this, it is important that officials at all levels of government begin to push back against this lawless regime and robustly enforce the Constitution and only those laws “made in Pursuance thereof.” HB 1009, HB 293, and SB 67 are a strong start to this, and it is an excellent model for other states to follow.
Urge your state representative and senator to nullify federal gun control in Georgia with HB 1009, HB 293, and SB 67 and to push back against all other unconstitutional laws at every level of government.
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