A bill intended to “invalidate and nullify all federal laws and regulations restricting ownership or possession of firearms” has been pre-filed in the Bluegrass State.Kentucky State Representative Diane St. Onge has filed House Bill 35 (HB35), which directs the Kentucky General Assembly “to take all appropriate action to safeguard Kentuckians’ rights to possess firearms in accordance with the 2nd Amendment to the Constitution of the United States and Section 1 of the Constitution of Kentucky.”
It reads, in part:
Current and proposed executive actions by the President of the United States relating to the acquisition, possession, and use of firearms and accessories violate the President’s powers under the Constitution of the United States and the rights of the citizens under the Constitution of the United States and amendments thereto.
It also cites a Congressional proposal to attack the 2nd Amendment:
Federal legislation proposed in the 114th Congress, including Senate Bill 407, threatens the rights of Kentuckians to keep and bear arms as guaranteed by the Constitution of the United States and amendments thereto.
The bill seeks to nullify all federal gun control measures on the books: past, present and future. It reads, in part:
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
The bill creates a requirement for the state to take additional action to stop enforcement of federal gun laws, rules, executive orders, and regulations. It reads:
It shall be the duty of the Kentucky General Assembly to adopt and enact any and all measures as may be necessary to prevent the enforcement of any federal act, law, order, rule, or regulation in violation of the sections of and amendments to the Constitution of the United States specified in Section 1 of this Act.
The next step would be to pass a 2nd Amendment Preservation Act barring state cooperation with enforcement of any federal firearms laws. Since a vast majority of federal enforcement actions require the leadership, help and/or assistance of state or local governments, agents and resources – widespread refusal to enforce or participate in enforcement will severely cripple federal efforts.
Judge Andrew Napolitano confirmed this by saying that such noncompliance over an entire state would make federal gun laws “nearly impossible to enforce.”
HB35 has not yet been assigned to a committee, but inside sources suggest that it will be sent to the Judiciary Committee when the legislature reconvenes in 2016. It will first need to pass out of committee before the full House can consider it.
Additional reporting by TJ Martinell