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AN ACT relating to federal firearm restrictions. 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
(1) (a) The General Assembly hereby recognizes and reaffirms that the right to 5
keep and bear arms is a natural, God -given right that is recognized by the 6
Constitution of the United States and the Constitution of Kentucky. 7
(b) It is the intent of the General Assembly to stand as a bulwark against any 8
future federal or state infringement of the inherent and inalienable right to 9
keep and bear arms. 10
(2) As used in this section, "federal firearm restriction" means any provision of the: 11
(a) National Firearms Act, 26 U.S.C. sec. 5801 et seq., as amended; 12
(b) Gun Control Act, 18 U.S.C. sec. 921 et seq., as amended; or 13
(c) Firearms Owners' Protection Act, Pub. L. No. 99-308. 14
(3) This section shall become effective immediately upon, and to the extent permitted 15
by: 16
(a) The repeal by the United States Congress of; or 17
(b) Any decision of the Supreme Court of the United States, t he United States 18
Court of Appeals for the Sixth Circuit, or other federal court with the 19
authority to enforce an order against the Commonwealth which declares 20
unconstitutional; 21
a federal firearm restriction, and shall apply with respect to a federal firea rm 22
restriction that is no longer in effect. 23
(4) A federal firearm restriction that is repealed or declared unconstitutional shall 24
have no force or effect in the Commonwealth. The Commonwealth and its 25
departments, commissions, agencies, and political subdiv isions shall not enact or 26
enforce any law, rule, or regulation that mirrors, replaces, or imposes a 27
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restriction similar to that federal firearm restriction. 1
(5) (a) A person shall not be prosecuted, fined, or otherwise subject to other 2
penalties or enforce ment action for any activity that was regulated or 3
prohibited by a federal firearm restriction that is repealed or declared 4
unconstitutional. 5
(b) A law enforcement agency, law enforcement officer, employee of a law 6
enforcement agency, public agency, public official, employee of a public 7
agency, or employee of a local government shall not enforce, assist in the 8
enforcement of, or otherwise cooperate in the enforcement of a federal 9
firearm restriction that is repealed or declared unconstitutional. 10
(c) A person aggrieved by a violation of this subsection may file a civil action 11
against any person or organization responsible for the violation in a court 12
of competent jurisdiction for compensatory damages, punitive damages, 13
costs, and attorney's fees. 14
(d) Sovereign, governmental, and qualified immunity, including but not limited 15
to immunity under the Eleventh Amendment to the Constitution of the 16
United States, are waived to the extent of liability created under this 17
subsection. 18
(6) (a) A person commits an offense u nder subsection (5)(b) of this section when, 19
while acting in his or her official capacity under color of law, he or she 20
knowingly violates subsection (5)(b) of this section. 21
(b) A person who knowingly commits an offense under subsection (5)(b) of this 22
section shall be subject to a fine not to exceed two hundred fifty dollars 23
($250) and termination from employment to the extent allowable under state 24
law. 25
(7) A manufacturer of firearms or federally licensed firearms dealer has the right to 26
manufacture, sell, or possess firearms and accessories that are no longer 27
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restricted under federal law. 1