Kentucky: House Introduces Constitutional/Permit less Carry Legislation

Tuesday, February 14, 2017

The Kentucky House of Representatives introduced their own constitutional/permit less carry bill. House Bill 316, sponsored by Representative C. Wesley Morgan (R-81), recognizes Kentuckians’ freedom to legally carry a concealed firearm without the burdensome requirement of acquiring a Kentucky concealed deadly weapons license. It is of the utmost importance that this bill be scheduled for a hearing as soon as possible.

Your NRA-ILA would like to thank Representative Morgan and the House Leadership for understanding the urgency of this important legislation. The 2017 legislative session is short, and constitutional/permit less carry legislation must progress fast through the legislative process to have a chance at being signed into law this year.

HB 316 would allow any law-abiding individual who can legally possess a firearm to carry a handgun for self-defense in Kentucky without having to obtain a permit to do so.  This bill recognizes a law-abiding adult’s unconditional Right to Keep and Bear Arms for self-defense in the manner he or she chooses.  Self-defense situations are difficult, if not impossible, to anticipate.  Accordingly, a law-abiding adult’s right to defend himself or herself in such situations should not be conditioned by government-mandated time delays and taxes.  Additionally, this constitutional/permit less carry legislation would keep the current permitting system in place so individuals who obtain a permit could still enjoy the reciprocity agreements that Kentucky has with other states.

Please contact your state Representative and state Senator in support of House Bill 316 and Senate Bill 7 by calling 1-800-372-7181.  Please continue to check www.NRAILA.org and your email inbox for alerts on the latest action items.

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Kentucky Bill Would Direct Legislature to Block Enforcement of Federal Gun Control

 

FRANKFORT, Ky. (Jan. 8, 2016) – A bill introduced in the Kentucky House would make it the express duty of the state legislature to prevent implementation of unconstitutional federal gun laws. Passage of the legislation would represent a small first step toward protecting the right to keep and bear arms in the Commonwealth.

A coalition of six Republican legislators filed House Bill 182 (HB182) on Jan. 6. The legislation declares that all federal acts, rules, regulations, laws and orders relating to firearms “that violate the Constitution of the United States and the Amendments thereto” are “invalid, null, void, not recognized, and of no effect” in Kentucky. The bill goes on to direct the state legislature to take all measure necessary to block enforcement of such laws.

“The General Assembly of the Commonwealth of Kentucky shall adopt and enact all measures necessary to prevent enforcement of any federal acts, laws, orders, rules, and regulations regarding firearms, past, present, or future, that violate the true meaning of the Constitution of the United States and the Amendments thereto as expressed by the founders of the United States and the ratifiers of the Constitution of the United States, specifically the Second Amendment to the Constitution of the United States.”

HB182 rests on sound constitutional principles, and a statutory requirement directing the state to take action against unconstitutional federal gun laws would set the stage toward interposing protecting the right to keep and bear arms in Kentucky.

But the language of HB182 is not a complete solution in one fell swoop, since it does not provide any mechanism to determine whether a given federal act violates the true meaning of the Constitution. Before the legislature could even take action on a specific federal act under HB182, it would have have to issue an opinion of constitutionality. This is something that would have to be revisited in future legislation should the bill pass.

Alternatively, the bill could be amended to direct the legislature to refuse state cooperation with, and prohibit the use of state assets and personnel in the enforcement of, any current and/or future federal actions relating to firearms. This approach removes the need for a determination of constitutionality and would have immediate effect on any new gun control coming from Washington D.C. This also sets the foundation to reject and nullify any current federal gun control too.

Legislation introduced in Virginia for 2016 takes this approach (get model legislation here). By immediately banning state cooperation, state can nullify future federal gun control in practice and effect. The federal government depends heavily on state assistance to enforce its laws.

The Second Amendment Preservation Act also cuts through the legal arguments. The Second Amendment Preservation Act rests on the well-established anti-commandeering doctrine. Simply put, the Supreme Court has consistently held that the federal government cannot force or compel states to provide assistance in the implementation or enforcement of federal acts or laws, whether constitutional or not. Taking an anti-commandeering approach removes the need for a determination of constitutionality.

NEXT STEPS

HB182 was referred to the House Judiciary committee where it will need to pass by a majority vote before moving on to the full House for further communication.

If you live in Kentucky: click HERE and follow the steps to help pass HB182

If you live in another state: click HERE and follow the steps to protect the right to keep and bear arms in your state.

CONTINUE READING…

HB182 (BR1061) – A. Wuchner, M. Rader, T. Couch, K. King, S. Miles, R. Webber
     AN ACT relating to preserving the right of Kentuckians to own and use firearms and declaring an emergency.
     Create new sections of KRS Chapter 237 to require the General Assembly to enact laws to prevent the enforcement of federal acts that violate the Second Amendment to the United States Constitution; EMERGENCY.

     Jan 06, 2016 – introduced in House
     Jan 07, 2016 – to Judiciary (H)

I received this email from NationalGunRights.Org

Dear Sheree,
I’m more concerned than EVER before.
At their press conference this morning, the NRA refused to state their all-out opposition to Barack Obama’s gun ban. It’s true they correctly said that “the only thing that stops a bad guy with a gun is a good guy with a gun” — it’s something I’ve been saying for years.
But they hinted at the need for a massive “mental health” database — which would surely be used by gun grabbers to strip law-abiding Americans, including more veterans, of their gun rights.
And past experience shows a willingness to cut behind the scenes deals with anti-gunners, especially in the face of a full-throated media attack.
So with this as the starting point, I am afraid we are in for a very long, hard battle.
That’s why the National Association for Gun Rights is not backing down nor apologizing.
We didn’t delete our Facebook account or stop our email updates this past week like the NRA did.
And we didn’t go into turtle mode, something I witnessed the NRA do first hand after the Columbine tragedy. That kind of behavior implies that gun owners are guilty for the massacres of madmen.
Instead we mobilized millions of pro-gun Americans to turn up the heat on Congress to DEFEAT President Obama’s gun ban.
That’s how I think our gun rights are best protected.
So if you haven’t already done so, please sign our Second Amendment Protection Petition (see my email below from Tuesday) — and agree to make a generous contribution to help mobilize more pro-gun Americans to this fight.
And since this fight is so critical, please be sure and forward this email to everyone you know and ask them to help defend our right to keep and bear arms.
— Dudley Brown


From: Dudley Brown [dudley.brown@nationalgunrights.org]
To: Dudley [dudley.brown@nationalgunrights.org]
Sent: Tuesday, December 18th, 2012 5:43 PM
Subject: Obama says “Ban Guns”

Dear Dudley,
Our Second Amendment rights are hanging by a thread.
Anti-gun hysteria is reaching a fever pitch.
And President Obama just announced he’s on the warpath — and he’s not taking any prisoners.
Dudley, this is an all-out EMERGENCY.
And unless you act today, I’m afraid we’ll be staring at a gun control nightmare.
At a press conference immediately following the Connecticut shooting, President Obama made his intentions clear: He’s prepared to ram his anti-gun agenda down our throats.
And sadly, the national media is more than willing to help him get his wish . . .
MSNBC anchors are calling for outright gun “confiscation!”
Even prominent Republican backers like Fox News founder Rupert Murdoch is loudly calling for new gun control schemes, and Fox News commentator Bill Kristol is calling for “serious hearings.”
The establishment gun lobby is nowhere to be found, deleting their Facebook page in an effort to run and hide from the fight.
And all their phony “friendships” are finally being exposed for exactly what they are.
You see, Senate Majority Leader Harry Reid — who they handed nearly $5,000 to during his last reelection — just announced plans for Senate movement on gun control.
And another NRA “A-rated” Democrat, Joe Manchin of West Virginia, is joining others saying he’s changed his mind on gun control.
Even supposedly “pro-gun” Republicans, like Senator Chuck Grassley (IA), Lindsey Graham (SC) — even Marco Rubio (FL) — are happily playing into the gun-grabbers hands by calling for a total review of our gun laws!
If all this sounds like a recipe for disaster, it’s because it is . . .
Whenever a tragedy — a revolting grave crime — is committed, gun-grabbers ALWAYS rush to “cash in.”
Always.
With the national media as their accomplice, they drive up mass hysteria, fear and IGNORE basic facts that don’t fit their anti-gun agenda, like:

>>> “Gun Free Zone” signs do not protect anyone from violent madmen;
Like we saw in the Aurora movie theater and the Newtown, Connecticut Elementary School, all these signs do is guarantee killers never face anyone who can defend him or herself;

>>> Guns don’t commit crimes.  Criminals do;
In fact, guns are used 2.5 MILLION times every year to deter or stop crimes.  In fact, at the recent mall shooting in Portland, Oregon, the gunman took his own life after being confronted by a shopper carrying a concealed handgun.  And there are literally dozens of stories of shootings being stopped by legally-armed citizens over the past few decades;

>>> Gun Control DOES NOT WORK.  PERIOD.
Anti-gun utopia Mexico — whose anti-gun laws are so harsh it has only one gun shop in the whole country — is virtually owned by violent gangs who don’t beg “permission” from government officials before they get their hands on guns.

This is exactly what’s happening right now.
So if you want to ensure your Second Amendment rights are protected into the future, I’m counting on you to act IMMEDIATELY.
Being involved in the fight has never been more important.
First, I need your signed Second Amendment Protection Petition to help drown out the anti-gun spin machine with today.
In the coming weeks I’ll flood Congress with tens of thousands of pro-gun petitions proving you and I are serious about protecting our rights and we’re not backing down!
Unfortunately, it gets worse.
After the results of the 2012 elections, the gun-grabbers were already demanding action from President Obama and his anti-gun Democrat allies.
Michael Bloomberg and Sarah Brady went to bat for President Obama in two straight elections, and they want something to show for their efforts.
Now, President Obama believes he’s been handed the perfect “excuse” to enact a laundry list of anti-gun schemes, including:

*** The UN “Small Arms Treaty.” This dangerous Hillary Clinton-backed Treaty is nothing more than a massive GLOBAL gun control scheme designed to register, ban and confiscate firearms from law-abiding citizens;

*** A new so-called “Assault Weapons” Ban.  President Obama loudly supported passage of a new ban during his reelection campaign, and Senator Diane Feinstein just announced she’ll be introducing a new bill in the new Congress;

*** Mandatory federal political “mental illness” screening to buy a firearm.  Should such a scheme pass, the federal government would be granted the new power to strip away the Second Amendment rights of any American at will — just because they don’t like your race, your religion or the political candidates you support;

*** Sweeping ammo bans or bans on magazines holding just a handful of rounds.  With any one of these schemes, Congress could effectively outlaw many commonly-owned rifles and handguns.

That’s why it’s so important you act IMMEDIATELY.
Without our action, the ONLY voices the politicians will be hearing will be that of the gun-grabbers and their pals in the media.
If that continues, you and I will lose and lose BIG.  Bank on it.
The good news is, you and I can fight back.
But we must mobilize quickly.
We must ensure every politician in Washington, D.C. understands America does not need new gun control laws . . .
It’s more freedom.
It’s more good guys armed with the power and the ability to stand up to deranged bloodthirsty loons and STOP them.
You know how we’ll make the politicians understand that?
By ensuring every single one of them knows they’ll pay the price with their political careers for voting for gun control schemes.
But to do that I’m going to have to mobilize Second Amendment supporters from all over the country.
I’ve already authorized my staff to begin broadcasting our message across the web on sites frequented by politically-active pro-gun voters.
And we’re expanding from there:
Mail, email, web videos, and even hard-hitting radio, newspaper and TV ads if I can raise the resources.
I want to mobilize up to 14 million Americans.
Not next month.  Not next week.  But NOW.
You see, there’s no time to waste.
Of course, such an ambitious program won’t be cheap.  But it’s our one shot at winning.
So please sign your Second Amendment Protection Petition TODAY.
But also, please chip in just $10, $20, or even $30.
Thanks in advance for answering the call in this tough time.
For Freedom,

Dudley Brown
    Executive Vice President

P.S. President Obama just announced he’s on the warpath — and he’s not taking any prisoners — this is an all-out EMERGENCY.
With politicians from both parties caving to the gun-grabbers, it’s never been more important to fight back.
I’ve already begun a campaign to mobilize up to 14 million pro-gun Americans to prove to the politicians we still stand for the Second Amendment and we’re not backing down!
But such an ambitious program isn’t cheap.
So after you sign your Second Amendment Protection Petition please chip in just $10, $20, or even $30.
Together you and I will weather this storm and continue to stand for freedom.

 


The National Association for Gun Rights is a nonprofit, nonpartisan, single-purpose citizens’ organization dedicated to preserving and protecting the Constitutionally protected right-to-keep-and-bear-arms through an aggressive program designed to mobilize public opposition to anti-gun legislation.  The National Association for Gun Rights’ mailing address is P.O. Box 7002, Fredericksburg, VA 22404.  They can be contacted toll-free at 1-877-405-4570. Its web address is www.NationalGunRights.org/
Not produced or e-mailed at taxpayer expense.


To help the National Association for Gun Rights grow, please forward this to a friend.
To view this email as a web page, please click this link: view online.
Help fight gun control.  Donate to the National Association for Gun Rights!

 

This message was intended for: shereekrider@hotmail.com