Letter: HB 500 targets cities – like Bardstown – that violate state gun laws

HB 500, a measure aimed at clarifying state gun control laws, passed the Kentucky Senate on Monday and is head to the Governor's desk.

To the Editor,

On Monday March 26, HB 500 passed the Ky. Senate with a vote of 34-2. HB 500 now goes to the Governor, with a veto proof vote margin in both chambers, for signing. I now feel safe in saying that HB 500 will soon be law in the Commonwealth of Ky.

HB 500 amends and clarifies KRS 65.870. Many new and inventive forms of local government exist now that did not exist in 1984 when it was originally passed. This amended version expands and clarifies what local government entities are covered by 65.870 (all of them). It expands and clarifies what actions are prohibited (anything, except the discharge of a weapon and those things explicitly allowed in statutes). It requires that local governments “repeal, rescind or amend to conform” any existing “ordinance, executive order, administrative regulation, policy, procedure, rule, or any other form of executive or legislative action” and declares such “null, void, and unenforceable”. Individuals and organizations that are adversely effected by a violation of KRS 65.870 will be allowed to sue the local government and the loser in such a lawsuit will bear the expense of the winner’s legal fees and expert witness fees.

HB 500 provides that local officials who violate the new, amended KRS 65.870 will be stripped of their qualified immunity for those violations and the new statute says that failure of local officials to comply “shall be a violation of either KRS 522.020 or 522.030 depending on the circumstances of the violation”. KRS 522.020 and 522.030 are the statutes describing “Official Misconduct” in the first and second degree. First degree violations would be a Class A misdemeanor (up to 12 months in jail and up to a $500 fine) and second degree violations would be a Class B misdemeanor (up to 90 days in jail and up to a $250 fine). These are not small penalties, I would not want either one of them placed against me.

This new amended state law is aimed directly at the city officials of Bardstown and cities like Bardstown that violate the right of its citizens and visitors to keep and bear arms for the “defense of themselves…”, as guaranteed by the Constitution of the Commonwealth of Ky. Most of this is not new. I pointed out to Mayor Sheckles and the Bardstown City Council that much of this was possible under the existing KRS 65.870. This new amendment just clarifies and states these things more specifically.

I’d really like to thank Mayor Sheckles. Had he not prohibited me from speaking to the city council, I might still be showing up for their meetings. Once it became clear that he and the city council, with the advice of the City Attorney, had no intention of complying with state law and then stopped me from speaking about this at council meetings I, and others, started speaking to state legislators.

These types of clear violations of Ky. law will not be tolerated by the citizens of Kentucky or their state representatives. You can be sure that we will be standing closely by and closely watching the compliance or non-compliance by the city government of Bardstown. I, and many like me, have no rights that we care to surrender to petty tyrants.

Stephen McBride
Waddy, Ky. 40076

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