SB2 Alabama 2022 Session

Under the anti-commandeering doctrine, the federal government has no authority to force a state or its officers to participate in implementing or enforcing its acts.

This bill would create the Alabama Second Amendment Preservation Act to prohibit the state and political subdivisions of the state, and their law enforcement officers, agents, and employees, from participating in the implementation or enforcement of any federal act, law, order, rule, or regulation relating to firearms, firearm accessories, or ammunition.

This bill would also provide criminal penalties for a violation.

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.

Relating to firearms; to create the Alabama Second Amendment Preservation Act; to provide prohibitions on the implementation and enforcement of federal laws relating to firearms and accessories and ammunition thereof; to provide criminal penalties for a violation; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.