Gun rights advocate asks for action on four ordinances that violate state law

By JIM BROOKS
Nelson County Gazette

Tuesday, Nov. 22, 2011, 11 p.m. — Shelbyville resident Stephen McBride returned to the Bardstown City Council meeting Tuesday night to ask if there was action taken regarding the city ordinances in conflict with state law regarding gun possession on property owned or leased by the city.

McBride had previously mentioned three city ordinances that were in conflict with state law, and Tuesday he said there was a fourth.

STEPHEN MCBRIDE

A 1937 ordinance, 130.02(B), prohibits the sale or transfer of a firearm to a minor or infant. The ordinance also prohibits the sale or transfer of a “slingshot or other instrument for the purpose of throwing stone, shot or other hurtful missles” or the sale or transfer of ammunition to a minor or infant.

“This ordinance attempts to regulate the transfer of a firearm, which is specifically prohibited by KRS 65.870,” McBride said. The ordinance has been in effect since 1937, “and every bit of that time it was unconstitutional” as well as in conflict with state statute.

“I just wondered why the city still does not comply with the statutes,” he said. “Do you intend to (comply with state law), and if so, when?”

McBride noted that ordinances could result in a lawsuit if the portions in conflict with state law were enforced. He noted that damages that might be awarded would be an unfair burden to taxpayers.

Bardstown resident Alan Brown Jr. told the council he wasn’t aware of the city’s ordinances being in conflict with state law until McBride brought it up.

“As a Bardstown resident I would also like to know when these illegal ordinances will be resolved,” he said.

In response to a question by Mayor Bill Sheckles, McBride said the city’s concealed weapons ban goes afoul of state law by attempted to regulate concealed weapons in open, outside areas owned or leased by the city.

State law only allows local governments to limit or prohibit concealed weapons in buildings owned or leased, McBride said. State law does not give governments that power in open areas, a statement McBride backed up with a 1996 ruling by the Kentucky Attorney General.

McBride noted that this issue had surfaced recently at a Kentucky League of Cities executive board meeting, and that he expects the city will receive some information on the issue from KLC.

“Duly noted,” Sheckles replied. “I’ll take all your recommendations under consideration and follow up with you.

The next regular council meeting is 7 p.m. Dec. 13. The council has a working session set for 5 p.m. Tuesday, Dec. 6.

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