Daily Independent (Ashland, KY)

Local News

February 25, 2013

Bill to nullify any federal law on gun control passes Senate easily

FRANKFORT — Those who love American history and the history of the U.S. Constitution may have enjoyed Monday’s debate in the Kentucky Senate.

Or maybe they would’ve been frustrated – depending on their point of view.

The Senate passed a bill sponsored by Sen. Jared Carpenter, R-Berea, “to prohibit the enforceability of any new federal law, rule, regulation, or order relating to the ownership or registration of certain firearms, magazines, or other firearms accessories.”

Carpenter said the bill was in response to the administration of President Barack Obama, which he said is “openly attacking our Second Amendment rights” in the wake of the mass killing of school children in Sandy Hook, Conn.

It wasn’t much of a contest. The bill passed 34-3 with only three Democrats opposing the bill: Kathy Stein of Lexington, Gerald Neal and Morgan McGarvey, both of Louisville. All three spoke against the bill and said it is clearly unconstitutional.

Even some who voted for the bill conceded the bill contradicts Article VI of the U.S. Constitution, the so-called “primacy clause.”

Sen. Ray Jones, D-Pikeville, a co-sponsor, made a lengthy floor speech in support of the bill, saying gun ownership “is a way of life in Kentucky and a way of life in rural America.”

But Jones also said: “We are all aware of supremacy (clause in the U.S. Constitution) and we all respect the Constitution.”

The second paragraph of Article VI of the U.S. Constitution reads:

“This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”

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