If All Goes as Planned, This State Will No Longer Enforce Federal Gun Laws

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KYlegAll over the country, Conservatives are reacting to the aggressive efforts of anti-gun proponents to pass federal legislation that conflicts with the Second Amendment rights of American citizens. In Kentucky, one politician is listening to her constituents and offering a solution. She has authored a bill that would nullify federal gun control laws for Kentuckians.

Kentucky State Representatives Diane St. Onge has filed House Bill 13 (HB13). Its language instructs the Kentucky House “to take all appropriate action to safeguard Kentuckian’s rights to possess firearms in accordance with the Second Amendment to the Constitution of the United States and Section 1 of the Constitution of Kentucky.”

Representative St. Onge’s bill is constructed on the anti-commandeering doctrine, a legal rationale underlying several Supreme Court cases to refuse assistance to the federal government in enforcement of federal laws deemed to be unconstitutional. This type of legislation claims the right of Americans to keep and bear arms, and the right of states to make law for their own citizens, without federal intrusion.

Texas will soon be considering similar legislation.

Here is the text of the Kentucky Bill:

The General Assembly of the Commonwealth of Kentucky finds and declares that all federal acts, laws, orders, rules and regulations regarding firearms, present or future, are a violation of the sections and amendments to the Constitution of the United States specified in Section 1 of this Act and are:

(a) Invalid in this Commonwealth;

(b) Not recognized by the Commonwealth;

(c) Considered null and void by the Commonwealth; and

(d) Of no effect in this Commonwealth

In other words, Representative St. Onge’s proposed legislation would force the state of Kentucky to take any action necessary to stop federal gun control laws intended to apply in the states. The bill will be introduced in the January session. If it is successful, the next step will be the filing of a Second Amendment Preservation Act.

The proposed Second Amendment Preservation Act would terminate cooperation by any Kentucky state agencies in enforcement of federal gun laws. Such action would certainly cripple attempts by the federal government to enforce its will in this matter on Kentuckians.

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