2013 Kentucky Revised Statutes CHAPTER 65 - GENERAL PROVISIONS APPLICABLE TO COUNTIES, CITIES, AND OTHER LOCAL UNITS 65.870 Local firearms control ordinances prohibited -- Exemption from immunity -- Declaratory and injunctive relief.
Download as PDF
65.870 Local firearms control ordinances prohibited -- Exemption from
immunity -- Declaratory and injunctive relief.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
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.
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.
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.
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.
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 (1) of this section.
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.
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.
Effective:July 12, 2012
History: Amended 2012 Ky. Acts ch. 117, sec. 1, effective July 12, 2012. -Created 1984 Ky. Acts ch. 42, sec. 1, effective July 13, 1984.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.