What's happening with gun legislation in Kentucky?

In past years, gun rights took center stage in the Kentucky legislature. But this year, the General Assembly has pushed other issues into the spotlight.

From changing state criminal law to targeting diversity, equity and inclusion initiatives at colleges and universities, bills dealing with gun control have barely been touched. Part of the reason is because some of these bills are proposed by Democrats in a Republican-dominated legislature. But even some Republican-sponsored bills have made little movement, signaling a change in priorities for the party.

So, what's causing the shift?

Stephen Voss, a political science professor at the University of Kentucky, said gun legislation has become a lower priority for the Republican party in general because of important Second Amendment victories at the national level.

Last year, a federal judge in California ruled that the state’s attempt to enforce an assault weapons ban was unconstitutional because it violated the constitutional right to bear arms.

The U.S. Supreme Court has also accepted multiple cases this term that involve gun rights, including one that will decide whether a federal law that bans people convicted of domestic violence from possessing firearms is unconstitutional.

In Kentucky, gun laws are already loose. The state allows open carry and concealed carry for firearms including handguns and rifles. There’s also no legal requirement for gun owners to register firearms or have a license for rifles and shotguns.

Last year, the legislature passed the “2nd amendment sanctuary bill” without Gov. Andy Beshear’s signature, which bans local law enforcement from enforcing federal firearm regulations.

Democrats, and some Republicans, were hoping this legislative session to pass bills dealing with gun safety and restrictions, but the clock is ticking for any of the bills to move before the session ends.

CARR gun bill

Republican Sen. Whitney Westerfield and Democrat Sen. David Yates introduced Senate Bill 13, which focuses on Crisis Aversion and Rights Retention, also known as CARR. The bill would allow temporary removal of firearms from people who are experiencing a mental health crisis.

Westerfield said he thinks the bill is dead, as there hasn't even been a full Republican caucus discussion on the piece of legislation. It took more than a month for SB 13 to get assigned to a committee, but Westerfield said he's still lobbying for a hearing, even if it's just for information.

It was an uphill battle for Westerfield to gain Republican support. Before the bill was even filed, critics brought up concerns that the legislation would infringe on Second Amendment rights.

Westerfield said he got a mixed bag of opinions when he talked with Republican colleagues: Some were willing to support it, some weren't ready to publicly support it, and others adamantly opposed. For those who opposed, Westerfield said that they have false beliefs on what the bill does and does not do.

"I believe that they haven't bothered to read the bill, or look at it in detail, or analyze how it is substantially illegally different and distinct from all the other states that have something like this," Westerfield said.

Background checks, assault rifle limitations and more

Despite the state's general pro-gun stance, Democrats are pushing for tougher gun control laws, including requiring background checks for the private sale of firearms and allowing local governments to regulate firearms. There’s little movement on these bills though, as any gun legislation with restrictions is a tough sell to GOP lawmakers.

Rep. Daniel Grossberg, D-Louisville, is the sponsor of two bills he said are a response to gun violence incidents in Louisville. The first one is House Bill 758, which bans the possession and transfer of assault weapons. Grossberg said this bill is supposed to address the Old National Bank shooting, the deadliest mass shooting in Louisville in more than 30 years that killed five people.

The shooter legally bought a Radical Firearms RF-15 and left notes detailing how easy it was for someone with a mental illness to acquire a firearm.

Grossberg said Republicans won’t touch this piece of legislation “with a 10-foot pole” and he has little hope for any future support on a bill like this unless something drastic happens.

“I would not wish that on any of my colleagues, but I think that's what it's going to take for them to do something, is that they're going to have to be personally impacted by mass casualty shooting," Grossberg said.

Another one of Grossberg’s bills, House Bill 696, would require a five-day waiting period between the sale and transfer of a firearm.

Quintez Brown, who had been diagnosed with major depressive disorder, was able to purchase and walk away with the gun that he used the morning of the attempted shooting of then-mayoral candidate Craig Greenberg.

Like HB 758, the bill failed to get a committee assignment.

Cathy Hobart, a volunteer with the Kentucky chapter of Moms Demand Action, said it's frustrating that legislation relating to gun control or restrictions hasn't been able to pass in the legislature.

"Our legislature just ignores the issue," Hobart said. "They act as if gun violence doesn't exist in the state of Kentucky, or that there's anything that we can really do about gun violence. "

Republican-sponsored bills

Some Republicans have also introduced legislation to loosen gun restrictions but haven't made significant movement in the session. For example, House Bill 259, which is sponsored by Rep. Savannah Maddox, R-Dry Ridge, lowers the age from 21 to 18 to possess and conceal carry a gun.

Senate Bill 20, which addresses youth gun violence, passed out of the House Judiciary Committee on Wednesday. It would allow juveniles accused of using a firearm while committing certain felonies to be tried as an adult.

Sen. Matthew Deneen, R-Elizabethtown, said the bill is supposed to address shootings involving teenagers.

The bill now heads to the full House floor.

This article originally appeared on Louisville Courier Journal: Kentucky gun legislation 2024