Kentucky Statutes 237.105 – Prohibition of cooperation in enforcement of federal ban on firearms, ammunition, or accessories — Use of public funds and resources — Penalties — Interpretation
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(1) As used in this section:
(a) “Ammunition” has the same meaning as KRS § 237.060;
For details, see § 532.090
(b) “Federal ban” means a federal law, executive order, rule, or regulation that is enacted, adopted, or becomes effective on or after January 1, 2021, or a new and more restrictive interpretation of a law that existed on January 21, 2021, that infringes upon, calls into question, prohibits, restricts, or requires individual licensure for or registration of the purchase, ownership, possession, transfer, or use of any firearm, ammunition, or firearm accessory;
(c) “Firearm” has the same meaning as KRS § 237.060;
(d) “Firearm accessory” means an item that is used in conjunction with or mounted on a firearm but is not essential to the basic function of the firearm, including but not limited to a detachable magazine;
(e) “Law enforcement agency” means:
1. Any public agency that employs a law enforcement officer;
2. Any public agency that is composed of or employs other public peace officers; and
3. A campus security authority as defined in KRS § 164.948 of a public institution operating under KRS Chapter 164;
(f) “Law enforcement officer” means any “peace officer” as defined in KRS
446.010 and any “correctional officer” as defined in KRS § 441.045(15)(e);
(g) “Local government” means any city, county, charter county, urban-county, consolidated local, or unified local government; and
(h) “Public agency” has the same meaning as KRS § 61.870, including a policy- making board, or any officer, employee, or entity of a public institution operating under KRS Chapter 164.
(2) No law enforcement agency, law enforcement officer, employee of a law enforcement agency, public agency, public official, employee of a public agency, or employee of a local government shall enforce, assist in the enforcement of, or otherwise cooperate in the enforcement of a federal ban on firearms, ammunition, or firearm accessories, and shall not participate in any federal enforcement action implementing a federal ban on firearms, ammunition, or firearm accessories.
(3) No law enforcement agency, local government, or public agency shall adopt a rule, order, ordinance, or policy under which the entity enforces, assists in the enforcement of, or otherwise cooperates in a federal ban on firearms, ammunition, or firearm accessories.
(4) No local government, employee of a local government, public official, public agency, or employee of a public agency shall expend public funds or allocate resources for the enforcement of a federal ban on firearms, ammunition, or firearm accessories.
(5) A person commits an offense under this section when, while acting in his or her
official capacity under color of law, he or she knowingly violates this section. An offense under this section is a Class B misdemeanor for the first offense and a Class A misdemeanor for each subsequent offense.
(6) A person who knowingly commits an offense under this section shall be subject to termination from employment to the extent allowable under state law.
(7) Nothing in this section may be interpreted to prohibit or otherwise limit a law enforcement agency, law enforcement officer, employee of a law enforcement agency, public agency, public official, employee of a public agency, or employee of a local government from cooperating, communicating, or collaborating with a federal agency if the primary purpose is not:
(a) Law enforcement activity related to a federal ban on firearm, ammunition, or firearm accessories; or
(b) The investigation of a violation of a federal ban on firearm, ammunition, or firearm accessories.
(8) This section shall be retroactive to January 1, 2021.
Effective: March 28, 2023
History: Created 2023 Ky. Acts ch. 117, sec. 2, effective March 28, 2023.
(a) “Ammunition” has the same meaning as KRS § 237.060;
Attorney's Note
Under the Kentucky Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A misdemeanor | up to 12 months | up to $500 |
| Class B misdemeanor | up to 90 days | up to $250 |
Terms Used In Kentucky Statutes 237.105
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- City: includes town. See Kentucky Statutes 446.010
- Federal: refers to the United States. See Kentucky Statutes 446.010
- public funds: means sums actually received in cash or negotiable instruments from all sources unless otherwise described by any state agency, state- owned corporation, university, department, cabinet, fiduciary for the benefit of any form of state organization, authority, board, bureau, interstate compact, commission, committee, conference, council, office, or any other form of organization whether or not the money has ever been paid into the Treasury and whether or not the money is still in the Treasury if the money is controlled by any form of state organization, except for those funds the management of which is to be reported to the Legislative Research Commission pursuant to KRS §. See Kentucky Statutes 446.010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(b) “Federal ban” means a federal law, executive order, rule, or regulation that is enacted, adopted, or becomes effective on or after January 1, 2021, or a new and more restrictive interpretation of a law that existed on January 21, 2021, that infringes upon, calls into question, prohibits, restricts, or requires individual licensure for or registration of the purchase, ownership, possession, transfer, or use of any firearm, ammunition, or firearm accessory;
(c) “Firearm” has the same meaning as KRS § 237.060;
(d) “Firearm accessory” means an item that is used in conjunction with or mounted on a firearm but is not essential to the basic function of the firearm, including but not limited to a detachable magazine;
(e) “Law enforcement agency” means:
1. Any public agency that employs a law enforcement officer;
2. Any public agency that is composed of or employs other public peace officers; and
3. A campus security authority as defined in KRS § 164.948 of a public institution operating under KRS Chapter 164;
(f) “Law enforcement officer” means any “peace officer” as defined in KRS
446.010 and any “correctional officer” as defined in KRS § 441.045(15)(e);
(g) “Local government” means any city, county, charter county, urban-county, consolidated local, or unified local government; and
(h) “Public agency” has the same meaning as KRS § 61.870, including a policy- making board, or any officer, employee, or entity of a public institution operating under KRS Chapter 164.
(2) No law enforcement agency, law enforcement officer, employee of a law enforcement agency, public agency, public official, employee of a public agency, or employee of a local government shall enforce, assist in the enforcement of, or otherwise cooperate in the enforcement of a federal ban on firearms, ammunition, or firearm accessories, and shall not participate in any federal enforcement action implementing a federal ban on firearms, ammunition, or firearm accessories.
(3) No law enforcement agency, local government, or public agency shall adopt a rule, order, ordinance, or policy under which the entity enforces, assists in the enforcement of, or otherwise cooperates in a federal ban on firearms, ammunition, or firearm accessories.
(4) No local government, employee of a local government, public official, public agency, or employee of a public agency shall expend public funds or allocate resources for the enforcement of a federal ban on firearms, ammunition, or firearm accessories.
(5) A person commits an offense under this section when, while acting in his or her
official capacity under color of law, he or she knowingly violates this section. An offense under this section is a Class B misdemeanor for the first offense and a Class A misdemeanor for each subsequent offense.
(6) A person who knowingly commits an offense under this section shall be subject to termination from employment to the extent allowable under state law.
(7) Nothing in this section may be interpreted to prohibit or otherwise limit a law enforcement agency, law enforcement officer, employee of a law enforcement agency, public agency, public official, employee of a public agency, or employee of a local government from cooperating, communicating, or collaborating with a federal agency if the primary purpose is not:
(a) Law enforcement activity related to a federal ban on firearm, ammunition, or firearm accessories; or
(b) The investigation of a violation of a federal ban on firearm, ammunition, or firearm accessories.
(8) This section shall be retroactive to January 1, 2021.
Effective: March 28, 2023
History: Created 2023 Ky. Acts ch. 117, sec. 2, effective March 28, 2023.