MrOverlay
Regular Member
Hey MrOverlay...haven't heard from you in a while. Best of luck to Charlie in Dec..
Been keeping a low profile
Hey MrOverlay...haven't heard from you in a while. Best of luck to Charlie in Dec..
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.
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.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.
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.
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.
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.
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.
I wonder how many times he is going to quote this exact same statute in its interity before he leaves us.