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State Rep. Hanes introduces ‘Second Amendment Preservation Act’ calling on Alabama to ignore federal gun control laws

MONTGOMERY — State Rep. Tommy Hanes (R-Bryant) has introduced a piece of legislation entitled the “Second Amendment Preservation Act” that he claims would make certain federal gun control laws “null and void” in Alabama.

HB 223 has seven cosponsors and has been referred to the House Public Safety and Homeland Security Committee.

In a statement regarding the bill, Hanes said, “It’s about standing up for the liberty of law-abiding citizens.”

“The Second Amendment is the thread that binds the Constitution. What this does is protect the people’s right to defend themselves, their family and their property. This country was founded by Patriots who recognized that an armed citizenry is the best defense against tyranny. We will fight to uphold this right in Alabama,” he continued.

HB 223 states, “All federal acts, laws, orders, rules, and regulations, whether past, present, or future, that infringe on the people’s right to keep and bear arms as guaranteed by the Second Amendment to the United States Constitution shall be invalid in this state, shall not be recognized by this state, are specifically rejected by this state, and shall be considered null and void and of no effect in this state.”

The legislation lists several examples of what would be “considered null and void.”

To be clear, the bill is expected to be seen as a clear violation of the U.S. Constitution’s Supremacy Clause, meaning HB 223 would be ruled unconstitutional if enacted into law.

“The Legislature is firmly resolved to support and defend the United States Constitution against every aggression, either foreign or domestic, and is duty-bound to watch over and oppose every infraction of those principles which constitute the basis of the Union of the States, because only a faithful observance of those principles can secure the nation’s existence and the public happiness,” HB 223 affirms.

The legislation would make it a Class A misdemeanor for federal agents, employees or officials to enforce federal gun control laws in the state contrary to HB 223. Additionally, the bill would codify a civil cause for action for any “Alabama citizen who has been subject to an effort to enforce any of the infringements on the right to keep and bear arms included in [HB 223].”

Political observers may remember Rep. Hanes as the state legislator who introduced a resolution at the Alabama Republican Party’s 2019 summer meeting that called for the state’s congressional delegation to oust Congresswoman Ilhan Omar (D-MN) from the U.S. House of Representatives.

A release from Hanes about HB 223 said he expects “fierce opposition” to the bill.

“The radical left will do everything they can to strip you of your liberty in their bid for absolute power. With the rise of radical Islam and the socialist’s open border agenda, now is the time more than ever to protect the Second Amendment,” Hanes stressed.

“Lord forbid we ever have a President [Bernie] Sanders or any other radical progressive in the White House. But if we do, they will not infringe upon Alabamian’s right to keep and bear arms,” he concluded.

Sean Ross is the editor of Yellowhammer News. You can follow him on Twitter @sean_yhn