Kentucky state representative Kenny Imes (R-Murray) has introduced legislation that declares President Obama’s executive gun controls “null and void” within the state.
The legislation–House Bill 236–lists the constitutional limitations on the powers of Congress and the President, then highlights the constitutional protections on the power of the people.
According to HB 236:
Article I, Section 8 of the Constitution of the United States specifies the powers of the Congress of the United States. Those powers do not include impairing the Second Amendment to the Constitution of the United States or any other amendment to the Constitution of the United States that guarantees rights to the people or to a state;
Article II, Section 2 of the Constitution of the United States specifies the powers of the President of the United States. That section does not authorize the President of the United States to violate the Constitution of the United States or the amendments to the Constitution of the United States.
HB 236 then points to the 10th Amendment to show that all “the powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.”
Imes’ contention is that Obama is trying to exercise powers that do not belong to him. Therefore, his actions are “not recognized” by Kentucky and will not be enforceable in Kentucky:
Current and proposed executive actions by the President of the United States relating to the acquisition, possession, and use of firearms and accessories violate the President’s powers under the Constitution of the United States and the rights of the citizens under the Constitution of the United States and amendments thereto; and (d) It shall be the duty of the Kentucky General Assembly to adopt and enact any and all measures as may be necessary to prevent the enforcement of any federal act, law, order, rule, or regulation which attempts to commandeer local or state law enforcement officers to enforce federal restrictions on firearms in violation of the Constitution of the United States.
On January 26, Imes spoke to Breitbart News about HB 236, saying:
Obama’s executive actions obviously represent an overreach of the federal government–regarding our Second Amendment rights–and it’s just totally insane to even be pushing this. The Second Amendment is very plain. I think anyone can understand it.
Quit frankly, I look at HB 236 as a nullification piece. If nothing else, Kentucky can be sanctuary state for gun rights, where federal violations of the Second Amendment are simply not enforced.
I think it’s time that the citizens of the United States stand up and this is my part in Kentucky trying to stand for the rights of Kentuckians.