With the proposed red flag law being discussed in the Kentucky General Assembly, many counties have started considering potential Second Amendment sanctuary ordinances and resolutions, including McLean.
A red flag law would allow law enforcement or family members to petition the court to have a person's firearms temporarily removed if they are found to be a potential danger.
McLean County Judge-Executive Curtis Dame said the county is not within its legal rights to pass a Second Amendment sanctuary ordinance, which would directly go against any gun restrictions set by the state.
Dame said because of House Bill 500, which was passed by state legislatures in 2012, the county is unable to pass any ordinances regarding firearms. The law prevents counties from enacting any regulations on firearms, firearm parts and accessories, or ammunition.
"Counties don't have the jurisdiction to challenge state and federal law," he said. "If people have an issue, the correct way in the American government is to go through the court system and challenge it with a lawsuit."
Dame said the court would discuss the proposed red flag law in fiscal court, but said the county would likely pass a resolution, which would just formally express of the county's opinion on the matter. However, he said he does not believe state legislators will pass a red flag law.
McLean County Sheriff Ken Frizzell said the sheriff's office would not enforce any such executive orders relating to gun control should they be passed, as he considers them unconstitutional.
"The red flag law, as currently proposed, I believe is unconstitutional," he said. "We already have laws in place to handle the types of situations that the red flag law is supposed to handle."
Frizzell said the state's current gun laws are sufficient enough and any new legislation on gun restrictions would "only affect and hinder law-abiding citizens and not those that intend to commit crimes."
Dame said not enforcing potential state lagislation, should it be passed, could result in the state witholding county funding, but Frizzell said while that is possible, he does not believe the proposed red flag law will pass.
The Kentucky General Assembly will begin discussions on the proposed red flag law this month.