Senate Bill 2788

AN ACT TO NULLIFY IN MISSISSIPPI ANY PRESIDENTIAL EXECUTIVE ORDER RESTRICTING, ABRIDGING, OR OTHERWISE INFRINGING UPON A CITIZEN'S SECOND AMENDMENT RIGHT TO KEEP AND BEAR ARMS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. The Legislature finds that the Second Amendment to the United States Constitution states that "the right of the people to keep and bear arms, shall not be infringed"; that in the landmark case of the District of Columbia v. Heller, the United States Supreme Court held that the Second Amendment protects the individual right of each citizen to keep and bear arms; that the President of the United States may issue executive orders to direct and manage the operation of the executive branch of the federal government; that executive orders issued by the President may not exceed his constitutional authority or stand in violation of any legislation passed by Congress, and Congress retains the power to overturn executive orders; that the President of the United States has threatened to issue an executive order related to the restriction of the free exercise of the Second Amendment by the citizens of the United States; and that, an executive order to restrict, abridge, or otherwise infringe upon the free exercise of the Second Amendment by the citizens of the United States exceeds the President's constitutional authority and is therefore void ab initio.

SECTION 2. Any federal executive order restricting, abridging, or otherwise infringing upon the free exercise of a citizen's second amendment right to keep and bear arms is unconstitutional and shall not be enforced by any federal, state, or local law enforcement agency within Mississippi.

SECTION 3. This act shall take effect and be in force from and after January 1, 2013.