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Lawrence county at it again!

Lthrnck

Regular Member
Joined
Jan 24, 2007
Messages
656
Location
Englewood, Ohio, USA
So I can protect myself...

"I'm all for hunting rights and the right to own weapons," Magistrate Morris Howard said. "But I just can't see people carrying around guns in the courthouse, why would they want to do that?"

Tell Magistrate Morris Howard.... to protect myself from all those people who are upset on Monday... and bring a gun with total disregard to any signs... and start shooting innocent people.

I know they don't have a police officer at every door and even if they did it wouldn't necessarily work out for them.... Ask the people in Kirkwood Missouri how it worked for their city council.
 

09jisaac

Regular Member
Joined
Apr 13, 2011
Messages
1,692
Location
Louisa, Kentucky
Like I said, the ONLY time that I had a problem carrying a gun into the courthouse was the time I was ejecte from the fiscal court meeting and KYGlockster was there for the latter half of that.

Glockster is right, the courthouse is divided into two distict parts. They are set up in a "U" shape with ajoining halls.

I tried to get some more information today but apparently noone who knew anything was around. Sheriff Roberts had to go to Boyd county, Hogan was out the whole day, Judge Osborne took a long lunch, and I was told it was too early to even get a draft of what was said in the meeting. I was too busy to make a second trip to the courthouse.

The only information that I got was that Hogan is suing Kentucky in federal court and noone knows the basis of the suit (I don't even thing HE knows).

The suit itself bothers me less that the fact that these men are my elected officials and they are working on OUR tax dollars. I don't think Hogan has a snowball's chance to get anything done. But if Hogan wants to make a fool of himself, he shouldn't be getting OUR money to do it. I am going to protest this every chance I get.
 

09jisaac

Regular Member
Joined
Apr 13, 2011
Messages
1,692
Location
Louisa, Kentucky
From Big Sandy News Wednesday, OCT. 31, 2012:

Court members allso discussed amendments to the open carry deadly weapons ordinance. Osborne explained that he had been told that if the court doesn't have something in place by January, the county would face potential fines by the Department for Local Government. He asked Hogan whether he thought they should apeal it in circuit court or go ahead and make an amendment to the county's ordinance, which currently prevents open carry in the courthouse.

"It's up to you whether you want to fight it or not," Hogan said. "you were elected to represent the people, and I think you have a pretty good feel of what they want. If you think they want open carry and allow people in the courthouse with guns, then you can. Just don't acquiesce and say your hands are tied. It's certainly not me that sets policies."

"They said if we didn't have something by January that they'll fine us," Osborne said. "Are you saying they won't?"

"I'm not asking you to and not telling you to, but if you challenge it in court, they cannot fine you," Hogan said. "The fine would be suspended until the lawsuit is resolved."
Hogan pointed out that there are situations that could upset people to the point of violence, and identified one of the ways as taking people's children out of a home.

"We take people's children," Hogan said. "You know every Monday how many children are taken away? I'm sure you don't know what goes on in my office because you aren't thre, but it's a lot."

Magistrate Bill Lemaster made a motion to have Hogan challenge the open carry law, which was seconded by Magistrate Earl Boggs, with all in favor.

Hogan said he would get busy on it right away.
 

09jisaac

Regular Member
Joined
Apr 13, 2011
Messages
1,692
Location
Louisa, Kentucky
IANAL, but my understanding of federal court procedure is that in order to challenge a state law in federal court you must have exhausted all of your remedies in state court first. That could take years and $$$$$.

That would make sense.

I think Hogan would need to either prove damages or that the state overstepped their bounds. He cannot do either.

I thought it was a bit humorus how he seemed to try to distance himself from the issue during the meeting, as evident from the quotes provided. It seems that he only wants this to be his "baby" behind closed doors, not in the public view.

A politictian not wanting to follow laws should be political suicide, and I hope it is. I am going to do my best to see that my courthouse gets cleaned out.

This is an issue that I find dear, but they're ******* off more than just me. Apparently the last meeting was packed full, even thought it wasn't a regular meeting. I wish I could have went, but I don't think they would have brought this up again with me sitting there.

Do you think this unanimous vote would go a long ways in proving that the magistrates were knowingly breaking the law?
 

OC for ME

Regular Member
Joined
Jan 6, 2010
Messages
12,452
Location
White Oak Plantation
They certainly know that OC is legal and they have an ordinance that prohibits it. They have failed to "repeal or amend to comply" as required by KRS 65.870. That means "guilty".
C'mon man.....they made a "good faith" effort to not understand the law, and they made a "good faith" effort to obfuscate the issue so as to delay, reasonably of course, the rectification of their ill timed "good faith" effort to contravene state law. All in the name of good faith.

The bureaucracy moves at a glacial pace.
 

langzaiguy

Regular Member
Joined
Mar 15, 2009
Messages
916
Location
Central KY
Try can move at the pace that they wish, but in a couple months they may be fined for it.

Sent from my SCH-I510 using Tapatalk 2
 

KYGlockster

Activist Member
Joined
Dec 9, 2010
Messages
1,842
Location
Ashland, KY
From Big Sandy News Wednesday, OCT. 31, 2012:

HAHA. Are these people serious? Does Hogan honestly believe that he has a chance at anything? We can't sue him until the "lawsuit" is over? Ummmmm... OK! He is wrong! Come January when he is getting sued and slapped with criminal charges, and then loses his posistion, we will ask him why he couldn't just OBEY THE LAW! I want to attend the next meeting to set the record straight; apparently the court can't conduct their own research on this issue, and they are going to get themselves in trouble because of it.

What is he going to challenge preemption on? This has been challenged before in other states and fails. States rights! Home-rule is granted to cities, not counties.

Here is the constitutional provision for home-rule. This is not hard to understand.

Section 156b
--------------------------------------------------------------------------------

General Assembly authorized to permit municipal home rule for cities.

--------------------------------------------------------------------------------

The General Assembly may provide by general law that cities may exercise any power and perform any function within their boundaries that is in furtherance of a public purpose of a city and not in conflict with a constitutional provision or statute.

Text as Ratified on: November 8, 1994
History: Creation proposed by 1994 Ky. Acts ch. 168, sec. 1.

Well, you lose Hogan; you lose before you even begin!

YOU GOING TO HAVE THE FEDERAL GOVERNMENT AMEND OUR STATE CONSTITUTION? GOOD LUCK WITH THAT!
 
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KYGlockster

Activist Member
Joined
Dec 9, 2010
Messages
1,842
Location
Ashland, KY
HAHA. Are these people serious? Does Hogan honestly believe that he has a chance at anything? We can't sue him until the "lawsuit" is over? Ummmmm... OK! He is wrong! Come January when he is getting sued and slapped with criminal charges, and then loses his posistion, we will ask him why he couldn't just OBEY THE LAW! I want to attend the next meeting to set the record straight; apparently the court can't conduct their own research on this issue, and they are going to get theirselves in trouble because of it.

What is he going to challenge preemption on? This has been challenged before in other states and fails. States rights! Home-rule is granted to cities, not counties.

Here is the constitutional provision for home-rule. This is not hard to understand.

Section 156b
--------------------------------------------------------------------------------

General Assembly authorized to permit municipal home rule for cities.

--------------------------------------------------------------------------------

The General Assembly may provide by general law that cities may exercise any power and perform any function within their boundaries that is in furtherance of a public purpose of a city and not in conflict with a constitutional provision or statute.

Text as Ratified on: November 8, 1994
History: Creation proposed by 1994 Ky. Acts ch. 168, sec. 1.

Well, you lose Hogan; you lose before you even begin!

YOU GOING TO HAVE THE FEDERAL GOVERNMENT AMEND OUR STATE CONSTITUTION? GOOD LUCK WITH THAT!

I tried to post a comment on the Leviza that had this amendment in it, and they did not post it. They posted my other two comments, but not this one. I have posted it again, and I am awaiting its appearance on the site.
 

KYGlockster

Activist Member
Joined
Dec 9, 2010
Messages
1,842
Location
Ashland, KY
These stupid ass people are going to court to defeat 65.870......who will be there to defend it? Not sure how that works..:confused:

It will not get that far, but if it did then the legislature would have someone to defend it I would assume. Like I posted, this has been tried before, and they failed miserably.

He can't take anything to federal court, because he isn't challenging this with federal law or the United States constitution. This is a state issue, and will go nowhere.
 

Cottonbaler

Regular Member
Joined
Jun 3, 2009
Messages
46
Location
Louisville, Kentucky, USA
NRA-ILA just sent out an alert about this

Edited to correct link:

Kentucky: Lawrence County Officials Hope to Strip Your Right to Carry in the Courts

On Monday, October 26, Lawrence County officials voted 4-0 during a fiscal court hearing in favor of filing suit with the Commonwealth of Kentucky to remove the current right of Kentucky’s residents to lawfully open carry in courtrooms across the state.

Thanks to NRA members in the Bluegrass State, HB 500 which further strengthened Kentucky’s current firearms preemption statutes by more narrowly limiting the regulation of firearms at a local level, was enacted into law during the 2012 session.

With such strong pro-Second Amendment statutes on the books related to local gun control, Lawrence County officials have decided to backpedal on the progress we have already made. Kentucky’s already overly burdened court system would be further burdened with a lawsuit that will directly infringe upon your individual gun rights.

We urge you to call and/or e-mail these local officials TODAY and respectfully urge them NOT to file this unnecessary and misguided lawsuit that would directly infringe upon your lawful open carry rights. Their contact information can be found below.

John A. Osborne - County Judge Executive
606-638-4102
josborne@kycomonline.com

Mike Hogan – County Attorney
606-638-4050
mike@hdpfirm.com

Garrett Roberts – County Sheriff
606-638-4368
stg717@yahoo.com

Morris Howard – Magistrate District 1
606-652-4178

John J. LeMaster – Magistrate District 2
606-673-1310

Earl Boggs – Magistrate District 3
606-652-3588

Bill LeMaster – Magistrate District 4
606-638-4688
 
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09jisaac

Regular Member
Joined
Apr 13, 2011
Messages
1,692
Location
Louisa, Kentucky
So, you fellows ready to make some phone calls and send some emails??? We shouldn't sit back without saying a word. Let your thoughts be known.



emphasis placed on the quote below...

Call early, it would be hard to catch any of these guys during the day. Sheriff Roberts, Judge Osborne, and Attorney Hogan would probably have people to answer the phones, so you can probably leave a message. The magitrates' phone numbers might actually be their house numbers though, so you may can call them whenever you want.

They may want to hear about this.

Edit: See if this link works for Cottonbaler's post.
 
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KYGlockster

Activist Member
Joined
Dec 9, 2010
Messages
1,842
Location
Ashland, KY
At least the one to the Judge went through. But the bad thing is most of my email was directed to the CA and "Sheriff".

The Judge/Exec. and the CA are the most important, so atleast you got through to the Osbourne. The Sheriff really has nothing to do with this, other than he has bias opinions regarding this issue.
 
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