65.870 Local firearms control ordinances prohibited -- Exemption from immunity -
509 words·~2 min read·
/ky/65-870A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
- Declaratory and injunctive relief.
(1)No existing or future city, county, urban-county government, charter county,
consolidated local government, unified local government, 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
may occupy any part of the field of regulation of the manufacture, sale, purchase,
taxation, transfer, ownership, possession, carrying, storage, or transportation of
firearms, ammunition, components of firearms, components of ammunition,
firearms accessories, or combination thereof.
(2)Any existing or future 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.
(3)Any person or organization specified in subsection
(1)of this section 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 after July 12,
2012.
(4)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 intent 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. A court shall award the prevailing party in any
such suit:
(a)Reasonable attorney's fees and costs in accordance with the laws of this state;
and
(b)Expert witness fees and expenses.
(5)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 null, void,
and unenforceable, 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
of this section.
(6)A violation of this section by a public servant shall be a violation of either KRS
522.020 or 522.030, depending on the circumstances of the violation.
(7)The provisions of this section shall not apply where a statute specifically authorizes
or directs an agency or person specified in subsection
(1)of this section to regulate
a subject specified in subsection
(1)of this section.