UNOFFICIAL COPY 25 RS BR 1584
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AN ACT relating to the restoration of Second Amendment rights. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 237 IS CREATED TO 3
READ AS FOLLOWS: 4
As used in Sections 1 to 6 of this Act: 5
(1) "Firearm" means a machine gun, short-barreled rifle, short-barreled shotgun, 6
firearm suppressor, or any other weapon as that term is defined in 26 U.S.C. sec. 7
5845; 8
(2) "Firearm suppressor" means any device designed, made, or adapted to muffle the 9
report of a firearm as that term is defined in KRS 237.060; 10
(3) "Generic and insignificant part" means an item that has manufacturing or 11
consumer product applications other than inclusion in a firearm, and includes a 12
spring, screw, nut, and pin; and 13
(4) "Manufacture" includes forging, casting, machining, or other process for 14
working a material. 15
SECTION 2. A NEW SECTION OF KRS CHAPTER 237 IS CREATED TO 16
READ AS FOLLOWS: 17
(1) For purposes of this section: 18
(a) A firearm shall be considered manufactured in this Commonwealth if it is 19
manufactured in this Commonwealth from basic materials and without the 20
inclusion of any part imported from another state, other than a generic and 21
insignificant part; and 22
(b) A firearm suppressor shall be considered manufactured in this 23
Commonwealth without regard to whether a firearm imported into this 24
Commonwealth from another state is attached to or used in conjunction 25
with the firearm suppressor. 26
(2) A firearm that is manufactured in this Commonwealth and remains in this 27 UNOFFICIAL COPY 25 RS BR 1584
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Commonwealth shall not be subject to federal law or federal regulation, 1
including registration, under the authority of the United States Congress to 2
regulate interstate commerce. 3
(3) A basic material from which a firearm is manufactured in this Commonwealth, 4
including unmachined steel, is not a firearm and shall not be subject to federal 5
regulation under the authority of the United States Congress to regulate interstate 6
commerce as if it actually were a firearm. 7
SECTION 3. A NEW SECTION OF KRS CHAPTER 237 IS CREATED TO 8
READ AS FOLLOWS: 9
A firearm manufactured and sold in this Commonwealth shall be clearly stamped with 10
the words "Made in Kentucky." 11
SECTION 4. A NEW SECTION OF KRS CHAPTER 237 IS CREATED TO 12
READ AS FOLLOWS: 13
(1) A United States citizen who resides in this Commonwealth and intends to 14
manufacture a firearm to which Section 2 of this Act applies may provide written 15
notification to the Office of the Attorney General of his or her intent to do so. 16
(2) The written notification under subsection (1) of this section shall set forth the 17
following: 18
(a) The person's intent to manufacture a firearm to which Section 2 of this Act 19
applies; 20
(b) A brief explanation of how and when the person will manufacture the 21
firearm; 22
(c) The person's intent to not follow the procedures and requirements under the 23
National Firearms Act, 26 U.S.C. sec. 5801 et seq.; and 24
(d) A declaration that but for the penalty provided in 26 U.S.C. sec. 5871, the 25
person would manufacture the firearm without following the procedures 26
and requirements under the National Firearms Act. 27 UNOFFICIAL COPY 25 RS BR 1584
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(3) Upon receipt of a written notification under this section, the Attorney General 1
shall seek a declaratory judgment from a United States District Court in this 2
Commonwealth that Section 2 of this Act is consistent with the United States 3
Constitution. 4
SECTION 5. A NEW SECTION OF KRS CHAPTER 237 IS CREATED TO 5
READ AS FOLLOWS: 6
(1) This section shall apply to: 7
(a) The Commonwealth and its political subdivisions, including a special 8
district, local or regional public or quasi-public agency, board, commission, 9
department, public corporation, and state institution of higher education; 10
(b) Any person acting under the authority of any of the entities in paragraph 11
(a) of this subsection; and 12
(c) Commonwealth's and county attorneys. 13
(2) An entity described in subsection (1) of this section shall not adopt a rule, order, 14
ordinance, administrative regulation, or policy under which the entity enforces, 15
or by consistent action allows the enforcement of, a federal statute, order, rule, or 16
regulation that purports to regulate a firearm if the statute, order, rule, or 17
regulation imposes a prohibition, restriction, or other regulation that does not 18
exist under the laws of this Commonwealth. 19
(3) An entity that violates this section shall not receive state grant funds. State grant 20
funds for the entity shall be denied for the fiscal year in which a final judicial 21
determination in an action brought under Section 6 of this Act is made that the 22
entity has violated this section. 23
SECTION 6. A NEW SECTION OF KRS CHAPTER 237 IS CREATED TO 24
READ AS FOLLOWS: 25
(1) If a citizen under the jurisdiction of an entity described in Section 5 of this Act 26
has reason to believe that a violation of Section 5 of this Act may have occurred, 27 UNOFFICIAL COPY 25 RS BR 1584
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he or she may refer evidence of noncompliance to the Office of the Attorney 1
General which shall investigate the evidence for violations of Section 5 of this 2
Act. 3
(2) The Office of the Attorney General may file a petition for a writ of mandamus or 4
apply for other appropriate equitable relief in the Circuit Court of the county in 5
which the principal office of the entity is located, or the Circuit Court of the 6
county in which the citizen resides, to compel the entity's compliance with Section 7
5 of this Act. 8
(3) The Attorney General may recover reasonable expenses incurred obtaining relief 9
under this section, including court costs, reasonable attorney's fees, investigative 10
costs, witness fees, and deposition costs. 11
(4) Any party to a suit brought under this section shall have the right of expedited 12
appeal to the Court of Appeals, and that court shall give precedence to the appeal 13
over other pending matters. 14
Section 7. This Act applies to firearms that are manufactured on or after the 15
effective date of this Act. 16
Section 8. This Act may be cited as the Second Amendment Restoration Act. 17