The Kentucky state House of Representatives is considering a bill that would nullify any federal attempt to take guns from citizens of the Bluegrass State.
By voting for this measure, Kentucky state legislators could stand up and perform their constitutional obligation to check federal usurpation.
The bill, introduced by State Representative Diane St. Onge (R), is a force rejection of recent federal regulations that disregard the Second Amendment’s protection of the right of the people to keep and bear arms.
HB 429 sets up the shield of state sovereignty and takes direct aim at the disarmament scheme. Among other provisions, the bill would:
invalidate and nullify all federal laws and regulations restricting ownership or possession of firearms; direct the General Assembly to take all appropriate action to safeguard Kentuckian's 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.
As of this writing, the measure enjoys the support of 13 co-sponsors.
Although certainly a praiseworthy attempt to shore up the right own weapons, a blog post published by the Tenth Amendment Center points out some of the proposal’s deficiencies:
The bill does not create any mechanism to stop enforcement of federal gun laws, but would set the stage for further action. The next step would be to pass a Second 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.
An effort consistent with this wise constitutional counsel would be in line with the tack recommended by James Madison in The Federalist, No. 45, where he encouraged state lawmakers, in order to prevent federal abridgment of fundamental liberties, to refuse “to co-operate with the officers of the Union.”
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