AN ACT, which shall be known and may be cited as the “2nd Amendment Preservation Act.”
To prevent infringement on the right to keep and bear arms.
THE PEOPLE OF THE STATE OF NEBRASKA DO ENACT AS FOLLOWS:
SECTION 1. FINDINGS
The legislature of the State of Nebraska finds that:
A. The 2nd Amendment to the Constitution of the United States reads as follows, “A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.”
B. All federal acts, laws, orders, rules or regulations regarding firearms, firearms accessories, and ammunition are a violation of the 2nd Amendment
SECTION 2 PROHIBITION ON PARTICIPATION IN FEDERAL VIOLATIONS OF THE 2ND AMENDMENT
A. The Legislature of the State of Nebraska declares that all federal acts, laws, orders, rules, regulations – past, present or future – in violation of the 2nd Amendment to the Constitution of the United States are not authorized by the Constitution of the United States and violate its true meaning and intent as given by the Founders and Ratifiers, and are hereby declared to 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.
B. Notwithstanding any law, regulation, rule or order to the contrary, no agency of this state, political subdivision of this state, or employee of an agency or political subdivision acting in his or her official capacity, or corporation providing services on behalf of this state or a political subdivision of this state shall:
(1) Enforce any federal act, law, order, rule, or regulation of the federal government of the United States regarding a personal firearm, firearm accessory, or ammunition within the limits of this State.
(2) Provide material support, participation or assistance in any form, with any federal agency or employee engaged in the enforcement of any federal act, law, order, rule, or regulation of the federal government of the United States regarding a personal firearm, firearm accessory, or ammunition within the limits of this State, or any investigation pursuant to the enforcement of any federal act, law, order, rule, or regulation of the federal government of the United States regarding a personal firearm, firearm accessory, or ammunition within the limits of this State.
(3) Utilize any assets, state funds or funds allocated by the state to local entities on or after (DATE), in whole or in part, to engage in any activity that aids a federal agency, federal agent, or corporation providing services to the federal government in the enforcement of any federal act, law, order, rule, or regulation of the federal government of the United States regarding a personal firearm, firearm accessory, or ammunition within the limits of this State, or any investigation pursuant to the enforcement of any federal act, law, order, rule, or regulation of the federal government of the United States regarding a personal firearm, firearm accessory, or ammunition within the limits of this State.
SECTION 3. PENALTIES
A. A political subdivision of this state may not receive state grant funds if the political subdivision adopts a rule, order, ordinance, or policy under which the political subdivision violates Section 2 of this Act. State grant funds for the political subdivision shall be denied for the fiscal year following the year in which a final judicial determination in an action brought under this section is made that the political subdivision has intentionally required actions which violate the prohibitions in Section 2 of this Act.
B. Any agent or employee of this state, or of any political subdivision of this state who knowingly violates the prohibitions in Section 2 of this act shall be deemed to have resigned any commission from the State of Nebraska which he or she may possess, his or her office shall be deemed vacant, and he or she shall be forever thereafter ineligible to any office of trust, honor or emolument under the laws of this State.
C. Any corporation or person that provides services to or on behalf of this state and violates the prohibitions of Section 2 of this act shall be forever ineligible to act on behalf of, or provide services to, this state or any political subdivision of this state.
SECTION 4. SEVERABILITY
The provisions of this act are severable. If any part of this act is declared invalid or unconstitutional, that declaration shall not affect the part which remains.
SECTION 5. EFFECTIVE DATE
A. This act takes effect upon approval by the Governor.
