A resolution was passed by Fiscal Court on Thursday declaring Daviess County a Second Amendment “safe harbor.” The resolution in essence is a statement supporting gun rights as already provided by the U.S. and Kentucky constitutions; it is not an ordinance or law.
The resolution passed unanimously without comment from any Fiscal Court members. The resolution’s passage is the result of advocacy efforts by the Daviess County chapter of Kentucky United. The statewide group formed in 2020 in response to proposed gun control bills. County chapters began forming in hopes of getting similar resolutions passed.
According to Jason Potts, spokesperson for the local Kentucky United chapter, Daviess County is the 115th of the state’s 120 counties to pass a resolution. He said the only counties that have not passed a resolution are Ballard, Fayette, Fulton, Hardin, and Jefferson.
Current County Attorney John Burlew clarified earlier this week that a resolution won’t have any legal effect on how police enforce any laws, and is instead essentially a voice of support.
“A resolution is a less formal mechanism used by government bodies to express its opinion, will, or policy on a matter that is before it,” he said. “That could be an opinion on a statute, or person, or thing, or to honor a group or an individual, among other things.”
Potts said it’s still a meaningful step in representing the voice of the people.
“The intention is for it to send a really clear message to existing legislators in Washington, D.C. and Frankfort that Daviess County, along with these other 114 counties, does not tolerate unconstitutional infringements on constitutional rights in general and Second Amendment rights in particular,” Potts said earlier this week. “It’s a preventive measure. You look at our legislators that are in Frankfort right now. They’re a very pro-freedom, pro-constitution majority, and thank goodness that’s the case. But you’re always one or two elections away from completely changing the makeup of your elected bodies. So this is putting in place an intent to tell not just current legislators but future ones that we do not approve of that here.”
The local Kentucky United chapter first tried to get a resolution passed in 2020. That Fiscal Court decided not to vote on the resolution, in part citing a concern about whether it would have violated a Kentucky statute. However, a short time later, Kentucky Attorney General Daniel Cameron’s office issued an opinion that similar resolutions did not violate state law.
Burlew also said that he sees no issue with the resolution.
“I think it is legal, and in fact the current Kentucky Attorney General Daniel Cameron has rendered an opinion that it’s legal,” he said. “I think the spirit of (the Kentucky statute pertaining to firearms) was written to prevent local governments from passing local laws that would restrict Second Amendment issues, rather than from passing resolutions that support (gun rights issues).”
While the enforcement of laws is not affected in any way, current Sheriff Brad Youngman along with former sheriffs Barry Smith and Keith Cain have all publicly supported passing the resolution.
“I am a proud Second Amendment supporter and I am glad to see Daviess County join the other 114 Kentucky counties in affirming our support for gun rights,” Youngman said. “Support for constitutional rights and the Second Amendment is strong in this area of the Commonwealth. I’m glad to see this get passed this time around.”
