HB310 Alabama 2022 Session

Summary

Primary Sponsor

David Standridge Representative

Republican

Session

Regular Session 2022

Title

Firearms, Alabama Second Amendment Preservation Act, restrictions on enforcement of executive orders, provided

Description

The Second Amendment to the United States Constitution provides that "the right of the people to keep and bear Arms, shall not be infringed." Also under the United States Constitution, all federal legislative power is vested in Congress, and before a bill may become a law, the bill must have been passed by the House of Representatives and the Senate and then presented to the President of the United States for his or her signature. The President of the United Sates, by executive order, may issue a directive with the force of law. The executive order is not subject to congressional approval.

This bill would create the Alabama Second Amendment Protection Act to provide that when the President of the United States issues an executive order which limits or restricts the ownership, use, or possession of firearms, firearm accessories, or ammunition by law-abiding residents of the state, or otherwise attempts to limit the Second Amendment rights of the residents of this state in an unlawful manner, the executive order shall be deemed unenforceable by law enforcement officers of this state, and would specify that no law enforcement officer may be ordered, directed, or compelled to execute or administer the executive order.

This bill would also prohibit the expenditure of state or local public funds for the enforcement of any such executive order.

This bill would authorize the Attorney General to issue guidance to state and local officials to ensure uniform compliance with the act.

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Subjects

Firearms