FRANKFORT— Kentucky law enforcement would not be allowed to enforce federal firearms bans under House Bill 153.
Bill sponsor Rep. Josh Bray, R-Mount Vernon, said the law is supported by the U.S. Constitution and would also prohibit enforcement of a firearm accessory or ammunition ban.
“(HB 153) says that the state of Kentucky will not use our tax dollars, our manpower, our resources, to enforce a federal firearms ban on ammunition, magazines, accessories or firearm types,” Bray said. “The 10th Amendment to the U.S. Constitution provides that the state cannot be commandeered to enforce federal law.”
This is not the first time the Kentucky General Assembly has considered this type of legislation, Bray said, adding that other states already have similar laws in place.
“Why this is so important? It ensures our fellow Kentuckians that the city police, the sheriffs or the state police aren’t going to roll up and enforce this unconstitutional (firearm) ban,” Bray said.
While debating the bill, House Minority Floor Leader Derrick Graham, D-Frankfort, said he believes HB 153 is unconstitutional.
“I’m coming on the (House) floor to say that we are not following the federal system of government if we tell people, and we let them think that, Kentucky law is supreme over federal law. That’s not true,” Graham said before citing Article 6, paragraph two of the U.S. Constitution.
Bray disagreed with Graham’s interpretation of the bill. He said the bill is supported by the U.S. Constitution and a U.S. Supreme Court ruling from 1997.
“Kentuckians should decide firearm policy through their elected representatives, not through some bureaucrat in Washington D.C. who is changing the interpretation of an existing federal guideline,” Bray said.
Rep. Lisa Willner, D-Louisville, also spoke against HB 153. She said her constituents worry about gun violence.
“The people in District 35 worry every day about too little law enforcement of already existing laws,” she said. “This law that would increase access to guns would reduce enforcement. It moves us exactly in the wrong direction on both counts.”
Rep. Bill Wesley, R-Ravenna, however, said his constituents support HB 153, and people hurt people, not guns.
“I speak on behalf of Eastern Kentucky. We’re not giving up any of our weapons,” Wesley said.
On the House floor, House Majority Whip Jason Nemes, R-Louisville, also spoke in favor of HB 153. He agrees with Bray that the legislation does not violate the U.S. Constitution.
“The United States Supreme Court said the federal government can have all the laws they want, but they have to enforce them,” Nemes said. “We can agree to help them enforce federal law, but we’re not required to.”
The House approved HB 153 with a 78-19 vote. It will now go before the Senate for consideration.