Some Kentucky state representatives are working on adding Kentucky to the growing list of states that tell the ATFE and the feds to kiss off in 2010
Three Kentucky lawmakers have pre-filed legislation to be considered in the 2010 regular session that would strengthen the gun rights of Kentucky citizens.
Kentucky State Rep. Stan Lee (R-Lexington) pre-filed a bill in the House on Nov. 6 that would exempt firearms and ammunition made and used in Kentucky from federal law.
BR348, (HB87 when the session begins) named the Kentucky Firearms Freedom Act, would, “Create new sections of KRS Chapter 237, relating to firearms, firearm accessories and ammunition that are made in Kentucky, marked made in Kentucky, and used in Kentucky, to specify that these items are exempt from federal law; provide that the exemption does not include machine guns, silencers, exploding ammunition, or firearms with a bore over one and one-half inches.”
The bill builds upon the foundation of state’s rights under the Ninth and Tenth Amendments of the U.S. Constitution. The first section of BR348 opens:
The General Assembly declares that the authority for Sections 1 to 6 of this Act is the following:
(1) The tenth amendment to the Constitution of the United States guarantees to the states and their people all powers not granted to the federal government elsewhere in the constitution and reserves to the state and people of Kentucky certain powers as they were understood at the time that Kentucky was admitted to statehood on June 1, 1792. The guaranty of those powers is a matter of contract between the Commonwealth and people of Kentucky and the United States as of the time that the Kentucky was admitted as a state of the United States on June 1, 1792;
(2) The ninth amendment to the Constitution of the United States guarantees to the people rights not granted in the constitution and reserves to the people of Kentucky certain rights as they were understood at the time Kentucky was admitted as a state of the United States on June 1, 1792.
The legislation makes up part of a national movement known as the Firearms Freedom Act. Montana was the first state to propose this type of legislation, declaring that any firearms made and retained in-state are beyond the authority of Congress under its Constitutional power to regulate commerce among the states. The Montana legislature passed its bill Oct. 1, 2009.
The Tennessee legislature passed a similar bill in July of 2009. The Tennessee Senate passed the Tennessee Firearms Freedom Act by a 22-7 vote. The House approved the bill 87-1. The legislation became law without Gov. Phil Bredesen’s signature.
Lawmakers in Alaska, Texas, South Carolina, Minnesota and Florida have introduced similar legislation.
Two other Kentucky representatives have proposed a bill reaffirming gun rights.
Last August, Rep. Bill Farmer (R-Lexington) and Rep. David Floyd (R-Bardstown) pre-filed a Concurrent Resolution that affirms Kentucky citizens’ gun rights under the Second Amendment.
BR124 urges support for the Second Amendment of the United States Constitution and urges Congress not to enact any law that would infringe on the right to bear arms under the Constitution of Kentucky.
