Kentucky Legislature Passes Second Amendment Protection Act

AmmoLand ^ | March 24, 2023 | Dean Weingarten

[marktwain]

On March 15, 2023, House Bill 153 was sent to Democrat Kentucky Governor Beshear for his signature or veto. The Governor may ignore the bill as well. House Bill 153 orders state and Kentucky government employees not to cooperate with federal officers in the enforcement of federal firearms statutes, rules, or regulations passed after January 1, 2021.  Such rules are expected to include the new BATFE rules on pistol braces and the new rule on the definition of what is considered a firearm. The bill is only enforceable on Kentucky state employees. It also forbids the expenditure of public funds for the same purposes. From House Bill 153:

 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

[marktwain]

Another state asserting the non-commandeering doctrine.

[paulcissa]

It's a move in the right directions but "An offense under this section is a Class B misdemeanor for the first offense and a Class A misdemeanor for each subsequent offense."

IMHO, law enforcement agencies or persons intentionally depriving citizens of their constitutional rights under color of law should be nothing less than a felony. But that's just me.

[donozark]

Hope this holds but Fed Judge in Missouri ruled our Second Amendment Preservation Act unconstitutional 2 weeks ago...

[sergeantdave]

“Hope this holds but Fed Judge in Missouri ruled our Second Amendment Preservation Act unconstitutional 2 weeks ago...”

I know you won’t be surprised that this hack, leftist judge is defying a previous USSC ruling concerning state sovereignty. The state can legally ignore whatever the leftist judge said. Left-wing judges constantly defy USSC rulings they don’t like.