In mid-March, the Georgia State House of Representatives passed a resolution expressing full support for the Constitution as it is written, specifically the 2nd Amendment.
HR1655 reads in part, “The Constitution clearly states that Congress has no authority to infringe on the people’s Second Amendment right to keep and bear arms, including any attempt to ban or restrict ownership of a firearm including but not limited to a semiautomatic firearm or any magazine of a firearm, or to require any firearm, magazine, or other firearm accessory to be registered in any manner.”
The resolution cites the 10th Amendment as its justification and declares that “no public servant in the State of Georgia has the authority to enforce or attempt to enforce any federal act, law, statute, rule, or regulation relating to a firearm, firearm accessory, or ammunition that is sold, owned, or manufactured commercially or privately in Georgia and that remains exclusively within the borders of this state.”
HR1655 was passed by a 110-53 margin on Mar. 18.
The resolution, while non-binding, can set the stage for the passage of more substantive legislation against federal gun control, such as the 2nd Amendment Preservation Act. A similar bill was introduced in the Peach State. HB732 would prohibit state cooperation with enforcement of federal gun laws. It failed to pass out of committee.
HB732 was based on the anti-commandeering doctrine which states that the feds do not have the authority to make the states act in any way, shape or form against their will. This has been upheld in four separate Supreme Court cases and is widely accepted as legally valid.
Since a vast majority of federal enforcement actions require the leadership, help and/or assistance of state or local governments, agents and resources – widespread refusal to enforce or participate in enforcement will severely cripple federal efforts. Judge Andrew Napolitano confirmed this by saying that such noncompliance over an entire state would make federal gun laws “nearly impossible to enforce.”
HR1655 is a first step in the right direction for Georgia gun owners, and could lead toward fully nullifying gun control in the state. The legislature must build on the sentiment expressed in the resolution and follow up by passing the 2nd Amendment Preservation Act next session.
If you live in Georgia: Take steps to protect gun rights HERE
Other States: Contact your state legislators today – urge them to introduce strong pro-gun legislation. Model bills and contact info HERE.
Latest posts by Shane Trejo (see all)
- California Assembly Passes Bill to Nullify in Practice Some FDA Restrictions on Terminal Patients - May 24, 2015
- Michigan House Passes Resolution Reaffirming State Sovereignty from Federal Overreach - May 24, 2015
- California Assembly Passes Bill Taking on Federal Militarization of Police - May 23, 2015