KRS § 65.870 — KY Code / Title IX / Chapter 65 / Section 65.870
65.870 Local firearms control ordinances prohibited -- Exemption from immunity -- Declaratory and injunctive relief
Status: in_force

65.870 Local firearms control ordinances prohibited -- Exemption from immunity -

- 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 (1)

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.