Whereas the 2nd Amendment to the Constitution states that “the right of the people to keep and bear arms shall not be infringed”;
Whereas the 5th Amendment to the Constitution states that citizens shall not “be deprived of life, liberty, or property without due process of law”;
Whereas the Constitution is the supreme law of the land, thereby nullifying any legislation contrary to it;
Whereas legislators and law enforcement officials take an oath to uphold the Constitution;
Whereas proposed legislation H.R. 838—116th Congress: Threat Assessment, Prevention, and Safety Act of 2019, and all other similar state “Red Flag Law” legislation violate those Constitutional protections by restricting the right to bear arms without legal due process;
Resolved, that the Libertarian Party of Georgia:
- condemns any and all such “red flag law” legislation, and ask that any current efforts to enact such legislation be dissolved, and that any currently-enacted legislation be nullified; and
- demands accountability of law enforcement officials to honor their oath to uphold the Constitution by refusing to enforce such legislation; and
- asks that all sheriffs and other elected law enforcement officials publicly condemn this legislation and state their intentions in regards to the enforcement of it.
