237.105 Prohibition of cooperation in enforcement of federal ban on firearms,
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/ky/237-105A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
ammunition, or accessories -- Use of public funds and resources -- Penalties --
Interpretation.
(1)As used in this section:
(a)"Ammunition" has the same meaning as KRS 237.060;
(b)"Federal ban" means a federal law, executive order, rule, or regulation that is
enacted, adopted, or becomes effective on or after January 1, 2021, or a new
and more restrictive interpretation of a law that existed on January 21, 2021,
that infringes upon, calls into question, prohibits, restricts, or requires
individual licensure for or registration of the purchase, ownership, possession,
transfer, or use of any firearm, ammunition, or firearm accessory;
(c)"Firearm" has the same meaning as KRS 237.060;
(d)"Firearm accessory" means an item that is used in conjunction with or
mounted on a firearm but is not essential to the basic function of the firearm,
including but not limited to a detachable magazine;
(e)"Law enforcement agency" means:
1. Any public agency that employs a law enforcement officer;
2. Any public agency that is composed of or employs other public peace
officers; and
3. A campus security authority as defined in KRS 164.948 of a public
institution operating under KRS Chapter 164;
(f)"Law enforcement officer" means any "peace officer" as defined in KRS
446.010 and any "correctional officer" as defined in KRS 441.045(15)(e);
(g)"Local government" means any city, county, charter county, urban-county,
consolidated local, or unified local government; and
(h)"Public agency" has the same meaning as KRS 61.870, including a policy-
making board, or any officer, employee, or entity of a public institution
operating under KRS Chapter 164.
(2)No law enforcement agency, law enforcement officer, employee of a law
enforcement agency, public agency, public official, employee of a public agency, or
employee of a local government shall enforce, assist in the enforcement of, or
otherwise cooperate in the enforcement of a federal ban on firearms, ammunition,
or firearm accessories, and shall not participate in any federal enforcement action
implementing a federal ban on firearms, ammunition, or firearm accessories.
(3)No law enforcement agency, local government, or public agency shall adopt a rule,
order, ordinance, or policy under which the entity enforces, assists in the
enforcement of, or otherwise cooperates in a federal ban on firearms, ammunition,
or firearm accessories.
(4)No local government, employee of a local government, public official, public
agency, or employee of a public agency shall expend public funds or allocate
resources for the enforcement of a federal ban on firearms, ammunition, or firearm
accessories.
(5)A person commits an offense under this section when, while acting in his or her
official capacity under color of law, he or she knowingly violates this section. An
offense under this section is a Class B misdemeanor for the first offense and a Class
A misdemeanor for each subsequent offense.
(6)A person who knowingly commits an offense under this section shall be subject to
termination from employment to the extent allowable under state law.
(7)Nothing in this section may be interpreted to prohibit or otherwise limit a law
enforcement agency, law enforcement officer, employee of a law enforcement
agency, public agency, public official, employee of a public agency, or employee of
a local government from cooperating, communicating, or collaborating with a
federal agency if the primary purpose is not:
(a)Law enforcement activity related to a federal ban on firearm, ammunition, or
firearm accessories; or
(b)The investigation of a violation of a federal ban on firearm, ammunition, or
firearm accessories.
(8)This section shall be retroactive to January 1, 2021.