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Arrested last night

CharleyCherokee

Regular Member
Joined
Mar 27, 2011
Messages
293
Location
WesternKy
Had court today on the motion to supress. Not much to report other than the judge and everyone needs another month to get everything together. After that they'll set a date a couple of weeks later to let me know if this thing is dismissed or not.
 

self preservation

Regular Member
Joined
Apr 8, 2012
Messages
1,036
Location
Owingsville,KY
Had court today on the motion to supress. Not much to report other than the judge and everyone needs another month to get everything together. After that they'll set a date a couple of weeks later to let me know if this thing is dismissed or not.

The wheels of "justice" turn ever so slow. I was really wishing to hear a dismissal today. Still wishing you the best.
 

snoop

New member
Joined
Dec 9, 2012
Messages
8
Location
ky
237.104 Ky Rights to acquire, carry, and use deadly weapons not to be impaired EVER

KRS 237.104

Rights to acquire, carry, and use deadly weapons not to be impaired during disaster or emergency -- Seizure of deadly weapons during disaster or emergency prohibited -- Application of section.

(1) No person, unit of government, or governmental organization shall, during a period of disaster or emergency as specified in KRS Chapter 39A or at any other time, have the right to revoke, suspend, limit the use of, or otherwise impair the validity of the right of any person to purchase, transfer, loan, own, possess, carry, or use a firearm, firearm part, ammunition, ammunition component, or any deadly weapon or dangerous instrument.

(2) No person, unit of government, or governmental organization shall, during a period of disaster or emergency as specified in KRS Chapter 39A or at any other time, take, seize, confiscate, or impound a firearm, firearm part, ammunition, ammunition component, or any deadly weapon or dangerous instrument from any person.

(3) The provisions of this section shall not apply to the taking of an item specified in subsection (1) or (2) of this section from a person who is:

(a) Forbidden to possess a firearm pursuant to KRS 527.040;
(b) Forbidden to possess a firearm pursuant to federal law;
(c) Violating KRS 527.020;
(d) In possession of a stolen firearm;
(e) Using a firearm in the commission of a separate criminal offense; or
(f) Using a firearm or other weapon in the commission of an offense under KRS Chapter 150.
Effective: July 12, 2006
History: Created 2006 Ky. Acts ch. 240, sec. 7, effective July 12, 2006


Seems to me some cops throw this LAW out the window on any stop, last time I was stopped (suspicious for riding a bike in a "high drug area" which is the whole city of louisville )

I always refuse consent, and cops promptly unarmed me of a Legal flashlight, legal pocketknife, legal pepper spray and a legal ink pen out of my pockets and held me for an hour, called the dog ect...clearly a violation of my fed and state rights as far as I'm concerned.

What good is the above law if officials ignore it, and disarm on contact for their safety ?
 
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self preservation

Regular Member
Joined
Apr 8, 2012
Messages
1,036
Location
Owingsville,KY
KRS 237.104

Rights to acquire, carry, and use deadly weapons not to be impaired during disaster or emergency -- Seizure of deadly weapons during disaster or emergency prohibited -- Application of section.

(1) No person, unit of government, or governmental organization shall, during a period of disaster or emergency as specified in KRS Chapter 39A or at any other time, have the right to revoke, suspend, limit the use of, or otherwise impair the validity of the right of any person to purchase, transfer, loan, own, possess, carry, or use a firearm, firearm part, ammunition, ammunition component, or any deadly weapon or dangerous instrument.

(2) No person, unit of government, or governmental organization shall, during a period of disaster or emergency as specified in KRS Chapter 39A or at any other time, take, seize, confiscate, or impound a firearm, firearm part, ammunition, ammunition component, or any deadly weapon or dangerous instrument from any person.

(3) The provisions of this section shall not apply to the taking of an item specified in subsection (1) or (2) of this section from a person who is:

(a) Forbidden to possess a firearm pursuant to KRS 527.040;
(b) Forbidden to possess a firearm pursuant to federal law;
(c) Violating KRS 527.020;
(d) In possession of a stolen firearm;
(e) Using a firearm in the commission of a separate criminal offense; or
(f) Using a firearm or other weapon in the commission of an offense under KRS Chapter 150.
Effective: July 12, 2006
History: Created 2006 Ky. Acts ch. 240, sec. 7, effective July 12, 2006


Seems to me some cops throw this LAW out the window on any stop, last time I was stopped (suspicious for riding a bike in a "high drug area" which is the whole city of louisville )

I always refuse consent, and cops promptly unarmed me of a Legal flashlight, legal pocketknife, legal pepper spray and a legal ink pen out of my pockets and held me for an hour, called the dog ect...clearly a violation of my fed and state rights as far as I'm concerned.

What good is the above law if officials ignore it, and disarm on contact for their safety ?
Not sure if your quoted KRS would apply to this case. The above KRS was born after Katrina. Did they violate his rights? Sure! Did they violate them under 237.104? IMHO I don't think so.
 

09jisaac

Regular Member
Joined
Apr 13, 2011
Messages
1,692
Location
Louisa, Kentucky
Not sure if your quoted KRS would apply to this case. The above KRS was born after Katrina. Did they violate his rights? Sure! Did they violate them under 237.104? IMHO I don't think so.

I wonder how many times he is going to quote this exact same statute in its interity before he leaves us.
 

KYGlockster

Activist Member
Joined
Dec 9, 2010
Messages
1,842
Location
Ashland, KY
Not sure if your quoted KRS would apply to this case. The above KRS was born after Katrina. Did they violate his rights? Sure! Did they violate them under 237.104? IMHO I don't think so.

They seized his firearm without RAS. This statute states no "person" may do this without RAS that a crime is being committed. I believe they DID violate this statute.
 

self preservation

Regular Member
Joined
Apr 8, 2012
Messages
1,036
Location
Owingsville,KY
They seized his firearm without RAS. This statute states no "person" may do this without RAS that a crime is being committed. I believe they DID violate this statute.

They may have. I understood this KRS to be for during a disaster and not so much for normal everyday life.

1 and 2 in this KRS reads,
"No person, unit of government, or governmental organization shall, during a period of disaster or emergency"

But it also states in the same sentence, "or at any other time"

So who knows???
 
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KYGlockster

Activist Member
Joined
Dec 9, 2010
Messages
1,842
Location
Ashland, KY
They may have. I understood this KRS to be for during a disaster and not so much for normal everyday life.

1 and 2 in this KRS reads,
"No person, unit of government, or governmental organization shall, during a period of disaster or emergency"

But it also states in the same sentence, "or at any other time"

So who knows???

The "or at any other time" is the most important phrase in the entire statute. This means they cannot disarm at ANY TIME without RAS that the provisions of the statute are being violated or that another criminal offense may be afoot.
 

KYGlockster

Activist Member
Joined
Dec 9, 2010
Messages
1,842
Location
Ashland, KY
This is interesting. Has anyone ever heard of this case or the ruling from the US Supreme Court? This is unbelievable.

Arizona v. Johnson

http://www.oyeztoday.org/news/justices_take_arizona_pat_down_case_june_23_2008

http://www.oyez.org/cases/2000-2009/2008/2008_07_1122

Basically the court has said that a traffic stop is a temporary seizure of driver and occupants in a motor vehicle. They ruled that it was not a violation of the Fourth Amendment to search an occupant of the vehicle because the man being searched was wearing gang colors and appeared to be dangerous. They ruled the search constitutional even though there was NO RAS that a crime was afoot!
 
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snoop

New member
Joined
Dec 9, 2012
Messages
8
Location
ky
The "or at any other time" is the most important phrase in the entire statute. This means they cannot disarm at ANY TIME without RAS that the provisions of the statute are being violated or that another criminal offense may be afoot.

KYGlockster,

Thanks for noticing that, and I agree completely.
 

snoop

New member
Joined
Dec 9, 2012
Messages
8
Location
ky
They may have. I understood this KRS to be for during a disaster and not so much for normal everyday life.

1 and 2 in this KRS reads,
"No person, unit of government, or governmental organization shall, during a period of disaster or emergency"

But it also states in the same sentence, "or at any other time"

So who knows???

So who knows?

It's in black and white, and it's very clear to me.
 

self preservation

Regular Member
Joined
Apr 8, 2012
Messages
1,036
Location
Owingsville,KY
So who knows?

It's in black and white, and it's very clear to me.

Thank you "Mr. one week veteran", but what you will find is just because it is in black and white doesn't always mean that it always goes down that way. (Mitchell vs. UK, Fayette Co. court) And just because it is clear to you, me, your mom or your best friend really doesn't matter. It has to be clear to a judge and/or jury to really count. (Mitchell case, KY Supreme Courts "clearness" vs, "Judge" Goodwines "clearness".

I think that after Katrina the KY law makers wanted to protect KY citizens from the same treatment, so they enacted this law. It's almost as if they said "don't take people means of defense away during a disaster", but as they were writing it they also said "come to think of it, don't f**k with their guns at anytime, disaster or not" (which is pretty awesome:banana:)

I do agree that the less ambiguous a law is the better chance you have of beating a bad arrest. But I wonder if Charleys case has to go to trial if his attorney will use KRS 237.104? I hope it gets thrown out before it comes to that but if not, I guess we will see.
 
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CharleyCherokee

Regular Member
Joined
Mar 27, 2011
Messages
293
Location
WesternKy
Update

Judge denied the motion to supress. We will be going to trial March 7 at 1:00 P.M. I'm interested in his reasoning behind denying the motion, and I'll get that paper work later in the week. Very disappointed in the system today.
 

KYGlockster

Activist Member
Joined
Dec 9, 2010
Messages
1,842
Location
Ashland, KY
Judge denied the motion to supress. We will be going to trial March 7 at 1:00 P.M. I'm interested in his reasoning behind denying the motion, and I'll get that paper work later in the week. Very disappointed in the system today.

What a joke! Any judge with a room temperature I.Q. could easily look at the evidence and know immediately that you were deprived.

This judge is either ignorant or he is bias against firearms.
 

langzaiguy

Regular Member
Joined
Mar 15, 2009
Messages
916
Location
Central KY
The charges are for DO and menacing--nothing to do with firearms. I think this has everything to do with his reaction to the LEOs directives.
 

CharleyCherokee

Regular Member
Joined
Mar 27, 2011
Messages
293
Location
WesternKy
The motion to supress was an attempt to negate a trial. What was at issue was officer testimony. So it will be a trial on officer testimony of my reaction to their overstep of authority and the like. What I did was nowhere near illegal, but as some of you might know from personal experience that won't stop them from trying to prosecute me. I hope that the jury is able to derive fact from fiction more easily then these officers are able to fabricate their story. It never ceases to amaze me how the story progressively gets WORSE as it is fabricated by prosecution and these officers. Fortunately for me we have them on record with previous statements.
 
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