Kentucky Moves Forward With Nullification

Here’s the latest unconstitutional bill passed by self-described constitutional originalists who are only trying to protect the Constitution.

Any federal law, rule, regulation, or order created on or after January 1, 2013, including any amendment or other change made after January 1, 2013, to a preexisting federal law, rule, regulation, or order, shall be unenforceable within the borders of Kentucky if the law, rule, regulation, order, amendment, or other change attempts to:

(a) Ban or restrict ownership of a semi-automatic firearm, magazine, or other firearm accessory; or
(b) Require any firearm, magazine, or other firearm accessory to be registered in any manner.

The reason the state legislature of Kentucky, among others, can get away with passing bills like this now is because the language of the bill specifies explicitly that this would only apply to laws passed this year and, as you’re probably aware, the 113th congress has not passed a gun control bill.

If that language were not included in the bill, it would be a non-starter. And for the time being, this and other bills like it amount to symbolic gestures that will appeal to the local rubes but wouldn’t pass muster in a federal court.

If by some miracle Congress does pass a bill that includes restrictions on certain types of weapons or magazines, Attorneys General in Kentucky and other states would have to challenge the constitutionality of those restrictions in court. They can’t unilaterally nullify federal law.