AN ACT relating to the regulation of firearms, firearms parts and accessories, ammunition, and ammunition components.
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
Section 1. KRS 65.870 is amended to read as follows:
(1) (a) Except as expressly provided by the Constitution of Kentucky or a specific statute, the General Assembly hereby declares that it is occupying the whole field of regulation of firearms, firearms parts and accessories, ammunition and ammunition components, including but not limited to the purchase, sale, transfer, taxation, manufacture, ownership, possession, carrying, storage, and transportation thereof, to the exclusion of all existing and future county, urban-county, charter county, consolidated local government, city, special district, local or regional public or quasi public agency, board, commission, department, public corporation, or any person acting under the authority of any of these organizations from enacting, creating, or enforcing any ordinance, administrative regulation, executive order, policy, procedure, rule, or any other form of executive or legislative action or the spirit thereof adopted by a person or organization specified in this subsection relating thereto.
(b) An existing ordinance, executive order, administrative regulation, policy, procedure, rule, or any other form of executive or legislative action in violation of this section or the spirit thereof is hereby declared null, void, and unenforceable.
(c) Any person or organization specified in paragraph (a) of this subsection shall repeal, rescind, or amend to conform, any ordinance, administrative regulation, executive order, policy, procedure, rule, or other form of executive or legislative action in violation of this section or the spirit thereof within six (6) months of the effective date of this Act.
(2) (a) It is the intent of this section to:
1. Provide uniform firearms laws and firearms related laws in the state;
2. Declare any ordinance, administrative regulation, executive order, policy, procedure, rule, other form of executive or legislative action specified in subsection (1) of this section or the spirit thereof null, void, and unenforceable which have been enacted by any jurisdictions other than state and federal, which regulate firearms, firearms parts and accessories, ammunition, or ammunition components;
3. Prohibit the enactment of any future ordinance, administrative regulation, executive order, policy, procedure, rule, or any other form of executive or legislative action specified in subsection (1) of this section or the spirit thereof relating to firearms, firearms parts and accessories, ammunition, or ammunition components unless specifically authorized by this section or another specific statute; and
4. Require local jurisdictions to enforce state firearms laws.
(b) It is further the intent of this section to deter and prevent the violation of this section or the spirit thereof and the violation of rights protected under the Constitution and laws of this Commonwealth related to firearms, firearms parts and accessories, and ammunition components from the abuse of official authority that occurs when enactments are passed in violation of state law or under color of local or state authority.
(3) (a) Any person or organization specified in subsection (1) of this section, that violates the General Assembly's occupation of the whole field of regulation of firearms, firearms parts and accessories, ammunition, and ammunition components as declared in subsection (1) of this section or the spirit thereof, by enacting or causing to be enforced any ordinance, administrative regulation, executive order, policy, procedure, rule or any other form of executive or legislative action impinging upon such exclusive occupation of the whole field shall be liable as set forth in this section.
(b) If any person or organization specified in subsection (1) of this section violates this section or the spirit thereof, the court shall declare the improper ordinance, administrative regulation, executive order, policy, procedure, rule, or other form of executive or legislative action specified in subsection (1) of this section invalid and issue a permanent injunction against the person or organization specified in subsection (1) of this section prohibiting the enforcement of such ordinance, administrative regulation, executive order, policy, procedure, rule. or any other form of executive or legislative action specified in subsection (1) of this section. It is no defense that in enacting the ordinance, administrative regulation, executive order, policy, procedure, rule, or other form of executive or legislative action specified in subsection (1) of this section or the spirit thereof, the person or organization was acting in good faith or upon advice of counsel.
(c) If the court determines that a violation was knowing or intentional, the court shall assess a fine of up to five thousand dollars ($5,000) against the elected or appointed official or officials or administrative agency head under whose jurisdiction the violation occurred.
(d) Except as required by applicable law, public funds shall not be used to defend or reimburse the unlawful conduct of any person found to have knowingly and willfully violated this section.
(e) A knowing or intentional violation of any provision of this section or the spirit thereof by a person acting in an official capacity for any entity enacting or causing to be enforced an ordinance, administrative regulation, executive order, policy, procedure, rule or other form of executive or legislative action prohibited under subsection (1) of this section or otherwise under color of law shall, as a part of the penalty for violation, cause the termination of employment or contract or removal from office by the court.
(f) Pursuant to Section 231 of the Constitution of Kentucky insofar as any person or organization specified in subsection (1) of this section is considered an agent of the Commonwealth, it is the intention of the General Assembly to exempt them from any immunity provided in Section 231 of the Constitution of Kentucky to the extent provided in this section. A person or an organization whose membership is adversely affected by any ordinance, administrative regulation, executive order, policy, procedure, rule or any other form of executive or legislative action promulgated or caused to be enforced in violation of this section or the spirit thereof may file suit against any person or organization specified in subsection (1) of this section in any court of this state having jurisdiction over any defendant to the suit for declaratory and injunctive relief and for actual damages, caused by the violation. A court shall award the prevailing plaintiff in any such suit:
1. Reasonable attorney's fees and costs in accordance with the laws of this state, including a contingency fee multiplier, as authorized by law;
2. Expert witness fees and expenses; and
3. The actual damages incurred. Interest on the sums awarded pursuant to this subsection shall accrue at the legal rate from the date on which suit was filed.
(4) This section does not prohibit:
(a) A zoning ordinance which is in compliance with KRS 100.325.
(b) A duly organized law enforcement agency from enacting and enforcing regulations pertaining to firearms, ammunition, or firearm accessories issued to or used by peace officers in the course of their official duties;
(c) Except as provided in Kentucky law, any entity subject to the prohibitions of this section from regulating or prohibiting the carrying of firearms and ammunition by an employee of the entity during and in the course of the employee's official duties;
(d) A court or judge from hearing and resolving any case or controversy or issuing any opinion or order on a matter within the jurisdiction of that court or judge; or
(e) Subject to the provisions of KRS 150.172, the Kentucky Department of Fish and Wildlife Resources from regulating the use of firearms or ammunition as a method of taking wildlife and regulating the shooting ranges managed by the commission[No city, county or urban-county government may occupy any part of the field of regulation of the transfer, ownership, possession, carrying or transportation of firearms, ammunition, or components of firearms or combination thereof].
UNOFFICIAL COPY AS OF DATE \@ "MM/dd/yy" 01/19/12 12 REG. SESS. 12 RS BR 825
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BR082500.100 - 825 - 2311 Jacketed
