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AN ACT relating to prohibiting the enforcement of a federal ban or regulation of 1
firearms and declaring an emergency. 2
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 3
Section 1. The General Assembly of the Commonwealth of Kentucky finds 4
that: 5
(1) Section 1 of the Constitution of Kentucky provides, in part, that all men have 6
an inalienable right to bear arms in defense of themselves and of the state; 7
(2) The Second Amendment to the Constitution of the United States guarantees 8
the right of the people to keep and bear arms; 9
(3) The Tenth Amendment to the Constitution of the United States reserves to the 10
states and people all powers not granted to the federal government; and 11
(4) The Supreme Court of the United States, in the case of Printz v. United States, 12
521 U.S. 898 (1997), affirmed that the federal government does not have the authority to 13
commandeer local or state agents to enforce federal policy; 14
(5) The General Assembly of the Commonwealth of Kentucky is firmly resolved 15
to support and defend the Constitution of the United States against every aggression, 16
whether foreign or domestic, and is dutybound to oppose every infraction of those 17
principles that constitute the basis of the union of the states because only a faithful 18
observance of those principles can secure the union's existence and the public happiness; 19
(6) Acting through the Constitution of the United States, the people of the several 20
states created the federal government to be their agent in the exercise of a few defined 21
powers, while reserving for the state governments the power to legislate on matters 22
concerning the lives, liberties, and properties of citizens in the ordinary course of affairs; 23
(7) The limitation of the federal government's power is affirmed under the Tenth 24
Amendment to the Constitution of the United States, which defines the total scope of 25
federal powers as being those that have been delegated by the people of the several states 26
to the federal government, and all powers not delegated to the federal government in the 27 UNOFFICIAL COPY 23 RS BR 1161
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Constitution of the United States are reserved to the states respectively or the people 1
themselves; 2
(8) If the federal government assumes powers that the people did not grant it in 3
the Constitution of the United States, its acts are unauthoritative, void, and of no force; 4
(9) The several states of the United States respect the proper role of the federal 5
government but reject the proposition that such respect requires unlimited submission. If 6
the federal government, created by a compact among the states, were the exclusive or 7
final judge of the extent of the powers granted to it by the states through the Constitution 8
of the United States, the federal government's discretion, and not the Constitution of the 9
United States, would necessarily become the measure of those powers. To the contrary, 10
as in all other cases of compacts among powers having no common judge, each party has 11
an equal right to judge for itself as to whether infractions of the compact have occurred, 12
as well as to determine the mode and measure of redress. Although the several states have 13
granted supremacy to laws and treaties made under the powers granted in the 14
Constitution of the United States, such supremacy does not extend to various federal 15
statutes, executive orders, administrative orders, court orders, rules, regulations, or other 16
actions that collect data or restrict or prohibit the manufacture, ownership, or use of 17
firearms, firearm accessories, or ammunition exclusively within the borders of Kentucky; 18
such statutes, executive orders, administrative orders, court orders, rules, regulations, and 19
other actions exceed the powers granted to the federal government except to the extent 20
they are necessary and proper for governing and regulating the United States Armed 21
Forces or for organizing, arming, and disciplining militia forces actively employed in the 22
service of the United States Armed Forces; 23
(10) The people of the several states have given Congress the power "to regulate 24
commerce with foreign nations, and among the several states," but "regulating 25
commerce" does not include the power to limit citizens' right to keep and bear arms in 26
defense of their families, neighbors, persons, or property nor to dictate what sorts of arms 27 UNOFFICIAL COPY 23 RS BR 1161
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and accessories law-abiding Kentuckians may buy, sell, exchange, or otherwise possess 1
within the borders of this State; 2
(11) The people of the several states have also granted Congress the powers "To 3
lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts, and provide for the 4
common Defence and general Welfare of the United States" and "To make all Laws 5
which shall be necessary and proper for carrying into Execution the ... powers vested by 6
this Constitution in the Government of the United States, or in any Department or Officer 7
thereof." These Constitutional provisions merely identify the means by which the federal 8
government may execute its limited powers and shall not be construed to grant unlimited 9
power because to do so would be to destroy the carefully constructed equilibrium 10
between the federal and state governments. Consequently, the General Assembly rejects 11
any claim that the taxing and spending powers of Congress may be used to diminish in 12
any way the right of the people to keep and bear arms; and 13
(12) The people of Kentucky have vested the General Assembly with the authority 14
to regulate the manufacture, possession, exchange, and use of firearms within the borders 15
of this state, subject only to the limits imposed by the Second Amendment to the 16
Constitution of the United States and the Constitution of Kentucky. 17
SECTION 2. A NEW SECTION OF KRS CHAPTER 237 IS CREATED TO 18
READ AS FOLLOWS: 19
(1) As used in this section and Section 3 of this Act: 20
(a) "Ammunition" has the same meaning as in KRS 237.060; 21
(b) "Federal ban" means a federal law, executive order, rule, or regulation that 22
is adopted, enacted, or becomes effective after the effective date of this Act, 23
or a new and more restrictive interpretation of the law that existed prior to 24
the effective date of this Act, that infringes upon, calls into question, 25
prohibits, restricts, or requires individual licensure for or registration of the 26
purchase, ownership, possession, transfer, or use of any firearm, 27 UNOFFICIAL COPY 23 RS BR 1161
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ammunition, or firearm accessory; 1
(c) "Financial institution" means any person doing business under the laws of 2
any state or commonwealth or the United States relating to banks, bank 3
holding companies, savings banks, payment processors, savings and loan 4
associations, trust companies, or credit unions; 5
(d) "Firearm" has the same meaning as KRS 237.060; 6
(e) "Firearm accessory" means an item that is used in conjunction with or 7
mounted on a firearm but is not essential to the basic function of the 8
firearm, including but not limited to a detachable magazine; 9
(f) "Law-abiding citizen" means a person who is not otherwise precluded 10
under state or federal law from possessing a firearm and shall not be 11
construed to include anyone who is not legally present in the United States 12
or in the state of Kentucky; 13
(g) "Law enforcement agency" means: 14
1. Any public agency that employs a law enforcement officer; 15
2. Any public agency that is composed of or employs other public peace 16
officers; or 17
3. A campus security authority as defined in KRS 164.948 of a public 18
institution operating under KRS Chapter 164; 19
(h) "Law enforcement officer" means any "peace officer" as defined in KRS 20
446.010 and any "correctional officer" as defined in 441.045(15)(e); 21
(i) "Local government" means any city, county, charter county, urban-county, 22
consolidated local, or unified local government; 23
(j) 1. "Material aid and support" shall include: 24
a. Voluntarily giving or allowing others to make use of lodging; 25
b. Communications equipment or services, including social media; 26
c. Accounts; 27 UNOFFICIAL COPY 23 RS BR 1161
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d. Facilities; 1
e. Weapons; 2
f. Personnel; 3
g. Transportation; 4
h. Clothing; or 5
i. Other physical assets. 6
2. "Material aid and support" shall not include: 7
a. Giving or allowing the use of medicine or other materials 8
necessary to treat physical injuries; or 9
b. Any assistance provided to help persons escape a serious, present 10
risk of life-threatening injury; and 11
(j) "Public agency" has the same meaning as KRS 61.870, including a policy-12
making board, or any officer, employee, or entity of a public institution 13
operating under KRS Chapter 164. 14
(2) A law enforcement agency, law enforcement officer, employee of a law 15
enforcement agency, public agency, public official, employee of a public agency, 16
or employee of a local government shall not enforce, assist in the enforcement of, 17
or otherwise cooperate in the enforcement of a federal ban on firearms, 18
ammunition, or firearm accessories, and shall not participate in any federal 19
enforcement action implementing a federal ban on firearms, ammunition, or 20
firearm accessories. 21
(3) A law enforcement agency, local government, or public agency shall not adopt a 22
rule, order, ordinance, or policy under which the entity enforces, assists in the 23
enforcement of, or otherwise cooperates in a federal ban on firearms, 24
ammunition, or firearm accessories. 25
(4) A local government, employee of a local government, public official, public 26
agency, or employee of a public agency shall not expend public funds or allocate 27 UNOFFICIAL COPY 23 RS BR 1161
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resources for the enforcement of a federal ban on firearms, ammunition, or 1
firearm accessories. 2
(5) An entity or person, including any public officer or employee of this state or any 3
political subdivision of this state, shall not have the authority to enforce or 4
attempt to enforce any federal acts, laws, executive orders, administrative orders, 5
rules, regulations, statutes, or ordinances infringing on the right to keep and bear 6
arms as described under Section 3 of this Act. Nothing in this section and Section 7
3 of this Act shall be construed to prohibit officials in the Commonwealth of 8
Kentucky from accepting aid from federal officials in an effort to enforce 9
Kentucky law. 10
SECTION 3. A NEW SECTION OF KRS CHAPTER 237 IS CREATED TO 11
READ AS FOLLOWS: 12
(1) (a) The following federal acts, laws, executive orders, administrative orders, 13
rules, and regulations shall be considered infringements on the people's 14
right to keep and bear arms, as guaranteed by the Second Amendment to 15
the Constitution of the United States and Section 1 of the Constitution of 16
Kentucky, within the borders of this state, including but not limited to any: 17
1. Tax, levy, fee, or stamp imposed on firearms, firearm accessories, or 18
ammunition not common to all other goods and services and that 19
might reasonably be expected to create a chilling effect on the 20
purchase or ownership of those items by law-abiding citizens; 21
2. Registration or tracking of firearms, firearm accessories, or 22
ammunition of law-abiding citizens; 23
3. Registration or tracking of firearms, firearm accessories, or 24
ammunition purchases by any financial institution conducting 25
business in this Commonwealth; 26
4. Registration or tracking of the ownership of firearms, firearm 27 UNOFFICIAL COPY 23 RS BR 1161
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accessories, or ammunition of law-abiding citizens; 1
5. Act forbidding the possession, ownership, use, or transfer of a firearm, 2
firearm accessory, or ammunition by law-abiding citizens; and 3
6. Act ordering the confiscation of firearms, firearm accessories, or 4
ammunition from law-abiding citizens. 5
(b) The federal excise tax rate on arms and ammunition in effect as of the 6
effective date of this Act, which funds programs under the Federal Aid in 7
Wildlife Restoration Act, 16 U.S.C. sec. 669 et seq., does not have a chilling 8
effect on the purchase or ownership of such arms and ammunition. 9
(2) All federal acts, laws, executive orders, administrative orders, rules, and 10
regulations, regardless of whether they were enacted before or after the effective 11
date of this section and Section 2 of this Act, that infringe on the people's right to 12
keep and bear arms as guaranteed by the Second Amendment to the Constitution 13
of the United States and Section 1 of the Constitution of Kentucky shall be invalid 14
in the Commonwealth of Kentucky, shall not be recognized by the 15
Commonwealth of Kentucky, shall be specifically rejected by the Commonwealth 16
of Kentucky, and shall not be enforced by the Commonwealth of Kentucky or any 17
of its agencies or political subdivisions. 18
(3) It shall be the duty of the courts and law enforcement agencies of this 19
Commonwealth to protect the rights of law-abiding citizens to keep and bear arms 20
within the borders of this Commonwealth and to protect these rights from the 21
infringements defined under subsection (1) of this section. 22
(4) Any political subdivision or law enforcement agency that employs a law 23
enforcement officer who acts knowingly or otherwise knowingly deprives a law-24
abiding citizen of Kentucky of the rights or privileges ensured by the Second 25
Amendment to the Constitution of the United States or Section 1 of the 26
Constitution of Kentucky while acting under the color of any state or federal law 27 UNOFFICIAL COPY 23 RS BR 1161
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shall be: 1
(a) Liable to the injured party in an action at law, suit in equity, or other proper 2
proceeding for redress; and 3
(b) Subject to a civil penalty of fifty thousand dollars ($50,000) per occurrence. 4
(5) Any person injured under this section shall have standing to pursue an action for 5
injunctive relief in the Circuit Court of the county in which the action allegedly 6
occurred or in the Circuit Court of the county in which the injured person 7
resides. The court: 8
(a) Shall hold a hearing on the motion for temporary restraining order and 9
preliminary injunction within thirty (30) days of service of the petition; and 10
(b) May award a prevailing party, other than the state of Kentucky or any of its 11
political subdivisions, reasonable attorney's fees and costs. 12
(6) Sovereign, governmental, and qualified immunity are waived to the extent of 13
liability created under this section. 14
(7) It shall not be considered a violation of this section or Section 2 of this Act to 15
provide material aid to federal officials who are in pursuit of a suspect when 16
there is a demonstrable criminal nexus with another state or country and the 17
suspect is either not a citizen of this state or not present in this state. 18
(8) It shall not be considered a violation of this section or Section 2 of this Act to 19
provide material aid to federal prosecution for: 20
(a) Felonies against a person when such prosecution includes a weapons 21
violation substantially similar to those found under current Kentucky law so 22
long as the weapons violation is merely ancillary to the prosecution; or 23
(b) A Class A or Class B felony substantially similar to those found under 24
Kentucky law when the prosecution includes a weapons violation 25
substantially similar to those found under Kentucky law so long as the 26
weapons violation is merely ancillary to such prosecution. 27 UNOFFICIAL COPY 23 RS BR 1161
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Section 4. If any provision of Section 2 or 3 of this Act or the application 1
thereof to any person or circumstance is held invalid, the invalidity shall not affect other 2
provisions or applications of Section 2 or 3 of this Act that can be given effect without 3
the invalid provision or application, and to this end the provisions of Sections 2 and 3 of 4
this Act are severable. 5
Section 5. Whereas the federal government continues to commandeer state and 6
local law enforcement to aid in its infringement upon the right to bear arms and no just 7
cause exists for delay, an emergency is declared to exist, and this Act takes effect upon its 8
passage and approval by the Governor, or upon its otherwise becoming a law. 9
Section 6. This Act may be cited as the Kentucky Second Amendment 10
Preservation Act. 11