Kentucky Senate Overwhelming Passes Bill Prohibiting Federal Gun Laws

 

The Kentucky Senate has overwhelmingly passed a bill that would prohibit Kentucky from enforcing any federal gun control laws if they're enacted. (Photo by Mark Wilson/Getty Images)

The Kentucky Senate has overwhelmingly passed a bill that would prohibit Kentucky from enforcing any federal gun control laws if they’re enacted. (Photo by Mark Wilson/Getty Images)

FRANKFORT, Ky. (AP) — The state Senate on Monday overwhelmingly passed a nullification bill that would prohibit Kentucky from enforcing new federal gun control laws if they’re enacted, despite concerns about the bill’s constitutionality.

The vote was 34-3. Three of the Senate’s 14 Democrats voted no, stating that the measure would be trumped by the U.S. Constitution’s Supremacy Clause.

Sen. Jared Carpenter, a Berea Republican, sponsored the bill. He said the Supremacy Clause applies only if Congress is acting in pursuit of its constitutionally authorized powers, which he said wouldn’t apply to stricter gun measures.

“If I thought the bill would be symbolic, I would’ve written a resolution,” Carpenter told the Associated Press. “I thought it needed more than that.”

The one-page bill deems unenforceable federal bans on gun ownership and registration. It specifically mentions semiautomatic firearms and their magazines.

The bill applies to federal laws as well as federal rules, regulations and orders.

“A friend of mine said to me, ‘Would you be willing to give up a little bit to be safer?’” said Sen. Ray S. Jones II, D-Pikeville, before he voted yes on the bill. “My answer to that is very simple. No I will not.”

“I should not have to give up a single constitutional right that I have to be safer,” he continued. “Because criminals choose to commit crimes. None of us in this room should have (their Second Amendment rights limited) because criminals commit crimes.”

The idea behind Kentucky’s bill isn’t new. In 2009, Montana and Tennessee enacted legislation that said guns sold within state borders are not subject to federal regulations or taxes, according to the National Conference of State Legislatures.

Bills in other statehouses this year would go much further. The Salt Lake Tribune reported this month that more than 20 states are trying to pass bills similar to one in Utah that would give local police the authority to arrest federal agents who try to take local residents’ guns.

The newspaper quoted the NCSL as saying that these types of nullification laws fail to hold up in the courts.

“This piece of legislation is meaningless,” Sen. Kathy Stein, D-Lexington, said before her no vote. “Can we please rise above the temptation to pander to those who believe that something is happening in this nation that is not happening. No one is coming to get your guns in this state.”

(© Copyright 2013 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.)

Kentucky Senate Overwhelming Passes Bill Prohibiting Federal Gun Laws

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11 thoughts on “Kentucky Senate Overwhelming Passes Bill Prohibiting Federal Gun Laws

  1. How can they do this? Federal law should always trump state laws, right? Isn’t that how our Constitution is designed? Who doesn’t want a safer state?

    1. Since Federal Law overrules State Law, they want to pass a law that will be taken to the US Supreme Court for being Unconstitutional (because it contradicts Federal Law) and to use that as a platform about the perceived abuses of the Federal government in allowing “any” type of gun control legislation or restriction. The NRA, Gun Owners of America(Larry Pratt’s Organization), Gun Manufacturers and all the politicians in their pocket want to keep the money rolling in by having a completely unregulated gun market in the USA.
      In 2010, there were 31,672 gun deaths in the USA. https://guncontrolnowusa.wordpress.com/2013/05/01/the-science-of-guns-31672-people-killed-in-2010/
      How many cemeteries are needed to bury 31,672 persons killed in the USA? Countries with much larger populations than the USA have much lower rates of Gun Death because there is a comprehensive Gun Control Plan in place. Imagine than in Iraq or Afghanistan, on any given day, in countries that are involved in civil wars there are less gun deaths than in the USA, which is not (apparently) involved in a Civil War. I have the same question as you do: Who doesn’t want a safer state? I want to find those people, name them and ask for answers.

  2. How can the state of Kentucky do this ??? … When congress is still trying to work together on Universal Background Checks … The federal law should Supercede Crazy State “partisan politics” … This law should be eradicated under the jurisdiction of the Federal Government … *We cannot afford to have 50 different state law on Gun Control* … This should be crystal clear to every State and Local Government … The law of the land on Guns … Should be the Federal Law … And President Barack Obama …Has the Ultimate power to use his “Presidential Executive Power” … Plain and simple …

    1. Since Federal Law overrules State Law, they want to pass a law that will be taken to the US Supreme Court for being Unconstitutional (because it contradicts Federal Law) and to use that as a platform about the perceived abuses of the Federal government in allowing “any” type of gun control legislation or restriction. The NRA, Gun Owners of America(Larry Pratt’s Organization), Gun Manufacturers and all the politicians in their pocket want to keep the money rolling in by having a completely unregulated gun market in the USA.
      In 2010, there were 31,672 gun deaths in the USA. https://guncontrolnowusa.wordpress.com/2013/05/01/the-science-of-guns-31672-people-killed-in-2010/
      How many cemeteries are needed to bury 31,672 persons killed in the USA? Countries with much larger populations than the USA have much lower rates of Gun Death because there is a comprehensive Gun Control Plan in place. Imagine than in Iraq or Afghanistan, on any given day, in countries that are involved in civil wars there are less gun deaths than in the USA, which is not (apparently) involved in a Civil War. I have the same question as you do: Who doesn’t want a safer state? I want to find those people, name them and ask for answers.

      1. I am truly sorry for all of these … this nonchalant and disrespectful attitude probably has everything to do with the hatred of President Barack Obama as well … Since … majority of the congressional Republican party are refusing to support the President’s Agenda … I can only pray that he gets to appoint another supreme court justice very soon … and … that will make a big difference … We simply need to win the house back too in 2014 … I will continue to do everything that i can … to support the democrats and President Obama …

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