KY: Bill Protecting Second Amendment Becomes Law without Governor's Signature

Kentucky Capitol from wikipedia

Kentucky HB 153, the bill which prohibits state employees from cooperating with any federal infringements on Second Amendment rights passed after January 1, 2021, became law on March 28, 2023, without a signature from Governor (D) Andy Beshear.

The bill was passed on March 15, 2023. Governor Beshear had until March 27, 2023 to veto the bill or to sign it. Governor Beshear did neither and the bill became law on March 28.

The law has a similar effect to the Oklahoma Second Amendment Protection Act, without the verbiage about the federal government violating the Second Amendment.  The act specifically references the Supreme Court decisions affirming the federal government does not have the authority to commandeer local or state agents to enforce federal policy. From the statute:

Section 1. The General Assembly of the Commonwealth of Kentucky finds that:

(1) Section 1 of the Constitution of Kentucky provides, in part, that all men have an inalienable right to bear arms in defense of themselves and of the state;

(2) The Second Amendment to the Constitution of the United States guarantees the right of the people to keep and bear arms;

(3) The Tenth Amendment to the Constitution of the United States reserves to the states and people all powers not granted to the federal government; and

(4)The Supreme Court of the United States, in the case of Printz v. United States, 521 U.S. 898 (1997), affirmed that the federal government does not have the authority to commandeer local or state agents to enforce federal policy.

After several definitions of law enforcement, agents of the state, ammunition, firearms, and firearms accessories, the statute provides:

 A person commits an offense under this section when, while acting in his or her official capacity under color of law, he or she knowingly violates this section. An offense under this section is a Class B misdemeanor for the first offense and a Class A misdemeanor for each subsequent offense. 

 6) A person who
knowingly commits an offense under this section shall be subject to from employment to the extent allowable under state law.

(a) Law enforcement activity related to a federal ban on firearm, ammunition, or firearm accessories; or 

(b)The investigation of a violation of a federal ban on firearm, ammunition, or firearm accessories.

7)
Nothing in this section may be interpreted to prohibit or otherwise limit a law enforcement agency, law enforcement officer, employee of a law enforcement agency, public agency, public official, employee of a public agency, or employee of a local government from cooperating, communicating, or collaborating with a federal agency if the primary purpose is not:

(a) Law enforcement activity related to a federal ban on firearm, ammunition, or firearm accessories; or

(b) The investigation of a violation of a federal ban on firearm, ammunition, or firearm accessories.

        (8 )This section shall be retroactive to January 1, 2021.

The statute defines  a "Federal ban" widely to mean more restrictions passed after January 1, 2021:

b) "Federal ban" means a federal law, executive order, rule, or regulation that is enacted, adopted, or becomes effective on or after January 1, 2021, or a new and more restrictive interpretation of a law that existed on January 21, 2021, that infringes upon, calls into question, prohibits, restricts, or requires individual licensure for or registration of the purchase, ownership, possession, transfer, or use of any firearm, ammunition, or firearm accessory;

It is possible HB 153 will be challenged in the courts. The Constitutional basis for the state to enact such legislation appears clear.

 

 

©2022 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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