Alabama Pro-Gun Bills for 2022

Members of the Alabama Legislature are seeking to pass what would be the strongest and most comprehensive nullification of unconstitutional federal gun control in the country.

House Bill 7 (HB 7) and Senate Bill 2 (SB 2) were introduced for the 2022 session. They are both titled the Second Amendment Preservation Act, with the House bill being sponsored by Representatives Tommy Hanes (R-Bryant) and Arnold Mooney (R-Birmingham), and the Senate bill by Senator Gerald Allen (R-Tuscaloosa).

The bill makes several declarations, including support for a limited federal government as stipulated in the Tenth Amendment, the invalidity of federal powers not enumerated in the Constitution, and an elaboration of what policies the federal government and the Alabama 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” – past, present, and future – that violate the U.S. Constitution’s Second Amendment and the 1901 Alabama Constitution.

Among the list of such unconstitutional federal gun control rules, HB 7 and SB 2 explicitly names the 1934 National Firearms Act and the 1968 Gun Control Act.

Additionally, the bill would nullify any tax that might discourage firearm purchases or ownership; gun confiscation laws; laws that prohibit law-abiding individuals to own, use, or transfer firearms; and laws mandating the tracking and registration of firearms, gun owners, firearm accessories, or ammunition. The rest of HB 7 and SB 2 primarily ensure 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.

Although HB 7 and SB 2 does not mention it by name, it is an excellent application of Article VI of the U.S. Constitution. It states that “[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 7 and SB 2 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 7 and SB 2 is a strong start to this and is an excellent model for other states to follow.

Urge your state representative and senator to support HB 7 and SB 2 and to push back against all unconstitutional laws at every level of government.

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