This could be a huge win for supporters of the 2nd Amendment.
Kentucky State Rep. Diane St. Onge recently filed House Bill 13 (HB13) with language that 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.” (H/T ShallNot)
A bill of this magnitude that utilizes the anti-commandeering doctrine, which can be described as a legal doctrine formulated under several Supreme Court cases to refuse to help the feds enforce federal law, could be the much needed spark that starts the fire needed for more state houses to file and introduce similar legislation to protect American’s right to bear arms, and to allow states to make the rules without federal intervention.
St. Onge’s bill will nullify federal gun laws on the books for the state of Kentucky, which is shown in the bill language below:
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
Michael Boldin, executive director for the Tenth Amendment Center stated that the Second Amendment is in danger, and added, “In 1798, Thomas Jefferson authored a resolution for Kentucky calling on states to stop federal overreach, and it’s pretty hard to argue that the guy who wrote the Declaration of Independence was wrong about how to stop federal power.”
Conservatives around the country couldn’t agree more, Mr. Boldin.
In layman terms, the bill forces the state of Kentucky to take all measures to put an end to the myriad of federal gun laws that affect the state.
After January when the bill is introduced to the House and hopefully passed, the next step would be filing of a Second Amendment Preservation Act.
This type of act would end state cooperation with federal enforcement of any gun laws – to say the least it would cripple any federal attempts to enforce gun laws in the state since they depend almost completely on state agency cooperation to enforce federal laws.