The open records case was connected to the Marshall County Second Amendment ordinance.
What is a Second Amendment sanctuary?
Second Amendment sanctuary refers to states, counties, or municipalities that have adopted laws or resolutions to prohibit or impede the enforcement of certain gun control measures perceived to violate of the Second Amendment. Perceived violations generally include any state, federal or local prohibition, regulation, and/or use restriction of firearms, firearm accessories, or ammunition. The term "sanctuary" is inspired by the immigration sanctuary cities movement of jurisdictions that have committed to not assist federal enforcement of immigration laws against undocumented immigrants.
Where did they originate?
Multiple news organizations credit the state of Illinois with starting the movement. In 2018, Democrats controlled both branches of the Illinois legislature. On April 16, 2018, the Effingham, Illinois, County Board explicitly used the term "sanctuary" in its resolution prohibiting county employees from enforcing certain state gun control laws. On May 8, 2018, David Campbell, vice chairman of the Effingham County Board, told CNN. "We want to make a statement. We don't want our Second Amendment rights to be stripped away from us," adding, "If we protect immigrants with sanctuary cities, why not use similar laws to protect our rights to own a gun?"
Conversations about gun control measures rose nationwide after multiple mass shootings throughout the United States. The Associated Press reports, gun control proposals in Virginia gained momentum after a shooter killed 12 people and injured four others at a Virginia Beach municipal building in May 2019. A special legislative session called by Democratic Gov. Ralph Northam after the mass shooting failed to produce any new gun control bills when Republicans shut it down after just 90 minutes.
Additionally, the AP reports the Second Amendment sanctuary movement began after Democrats promising new gun control laws took over both chambers of the Virginia state legislature in the November 2019 election. A 2019 bill sponsored by Sen. Dick Saslaw (D) alarmed some gun advocates. The December 2019 article says: “Incoming Senate Majority Leader Dick Saslaw enflamed gun rights advocates and helped fuel the Second Amendment sanctuary movement. The bill, as initially proposed, would make it a felony to sell, manufacture, purchase or possess assault weapons and certain magazines. Saslaw has since said that allowing current owners to keep their weapons 'makes sense,' and he expects to amend the bill.”
Gun advocates saw Saslaw’s bill as the first step down a slippery slope that would end with their guns being taken away.
Kentucky Revised Statute on legislative power of city and county governments
In 1980, Kentucky enacted KRS.82.082, a law regarding legislative powers of local government bodies.
Kentucky Revised Statute on local firearms control ordinances
In 1984, Kentucky enacted KRS.65.870, a law prohibiting local governments from passing ordinance on firearms control in the commonwealth. KRS.65.870 was amended in 2012.
Kentucky Revised Statute on gun rights
In 2006, Kentucky enacted KRS.237.104, a law regarding gun rights in the commonwealth.
What is the difference between a Second Amendment sanctuary ordinance versus a resolution?
A resolution is an expression of opinion or mind or policy concerning some particular item of business coming within the legislative body’s official cognizance.
An ordinance is a municipal legislative enactment. An ordinance passed in pursuance of express legislative authority is a law. An ordinance is equal to a municipal statute, and it governs matters not already covered by federal or state law.
A resolution deals with matters of a special or temporary character, and an ordinance prescribes some permanent rule of conduct or government to continue in force until the ordinance is repealed. An ordinance can be repealed only by another ordinance and not by resolution.
More information on Second Amendment Sanctuaries
The Marshall County School Board is responding to a proposed ordinance that would establish Marshall County as a Second Amendment sanctuary county.
We've asked all 12 west Kentucky county attorneys to provide a statement regarding their recommendations, as county attorneys, to their fiscal courts on the legality of passing Second Amendment sanctuary county ordinances or resolutions.
Counties across west Kentucky continue to discuss Second Amendment sanctuary resolutions. The movement is a push for local governments to declare themselves a sanctuary and protector of the right to bear arms. Some counties, and advocates, want to go beyond resolutions and pass ordinances, which have legal authority.
Text messages obtained by WPSD Local 6 show some commissioners were left in dark about the Second Amendment ordinance in Marshall County. You can look over those messages yourself by clicking "Read more."
We're learning more about the proposed Second Amendment sanctuary ordinance in Marshall County.
On Tuesday, the Marshall County Fiscal Court will hold its first meeting of the year. Not on the agenda — the Second Amendment sanctuary county ordinance that went through a first reading in December.
The Marshall County Fiscal Court will not vote on the second amendment ordinance on January 7th as originally planned.
Retired Kentucky Supreme Court Justice Bill Cunningham said the Marshall County Fiscal Court is outside its authority with the proposed ordinance as currently written.
Marshall County wants to become the first so-called Second Amendment sanctuary county in the state of Kentucky.