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Thread: Kentucky 2013 legislative session

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    Regular Member KYKevin's Avatar
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    Kentucky 2013 legislative session

    Are there any gun bills waiting in the wings or prefiled for 2013 that we should be watching? I was looking around and did not see anything.
    Kentucky Open Carry Group
    http://opencarry.niceboards.org/

    We all speak of liberty and freedom like we are the only ones that know the truth and the right path. But if we expect everyone to accept and follow our path and to accept our truth and want to force it upon them then that is no longer liberty or freedom. It is slavery. I believe in liberty for all. Regardless of their political views, religion, race, sex, etc.

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    Regular Member Comm's Avatar
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    Quote Originally Posted by KYKevin View Post
    Are there any gun bills waiting in the wings or prefiled for 2013 that we should be watching? I was looking around and did not see anything.
    I would love to see a Bill that CCW can carry on University campus. I know that is FAR from being passed, but Mr. Damron tried to get it run through last year, but was D.O.D.

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    Quote Originally Posted by Comm View Post
    I would love to see a Bill that CCW can carry on University campus. I know that is FAR from being passed, but Mr. Damron tried to get it run through last year, but was D.O.D.
    I agree with this, and would love to see it although I agree that the likelyhood of it being passed is low.

    I can guarantee you that James "the school is broke but we have $400,000 to build a new entrance to campus" Ramsey would fight it tooth-and-nail. Incidentally, U of L still has not amended their weapons policy to comply with Mitchell V. UK.

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    Regular Member neuroblades's Avatar
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    I think that everyone's overlooking possibly the MOST IMPORTANT BILL that we, as Kentuckian's, need now more than ever! The Kentucky State Sovereignty Act! If this is not re-introduced then all other bills will all be for naught from here on out! Without our sovereignty from the federal government now, more than ever, you have nothing!
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    Regular Member KYKevin's Avatar
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    Quote Originally Posted by neuroblades View Post
    I think that everyone's overlooking possibly the MOST IMPORTANT BILL that we, as Kentuckian's, need now more than ever! The Kentucky State Sovereignty Act! If this is not re-introduced then all other bills will all be for naught from here on out! Without our sovereignty from the federal government now, more than ever, you have nothing!
    +1 would love to see this and then constitutional concealed carry next for this great state.
    Kentucky Open Carry Group
    http://opencarry.niceboards.org/

    We all speak of liberty and freedom like we are the only ones that know the truth and the right path. But if we expect everyone to accept and follow our path and to accept our truth and want to force it upon them then that is no longer liberty or freedom. It is slavery. I believe in liberty for all. Regardless of their political views, religion, race, sex, etc.

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    Quote Originally Posted by neuroblades View Post
    I think that everyone's overlooking possibly the MOST IMPORTANT BILL that we, as Kentuckian's, need now more than ever! The Kentucky State Sovereignty Act! If this is not re-introduced then all other bills will all be for naught from here on out! Without our sovereignty from the federal government now, more than ever, you have nothing!
    Kentucky already has sovereignty, and it is called the Tenth Amendment. If the federal government tried to enforce some ridiculous legislation that violated KY law or the KY Constitution then a State law would not stop them from doing so. We need the federal government to go back where they should be, and leave the states alone. The states are the supreme authority anyways, and they always have been. Somehow along the way the federal government has forgot this.
    "I never in my life seen a Kentuckian without a gun..."-Andrew Jackson

    "Guard with jealous attention the public liberty. Suspect every one who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are ruined."-Patrick Henry; speaking of protecting the rights of an armed citizenry.

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    Regular Member KYKevin's Avatar
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    Quote Originally Posted by KYGlockster View Post
    Kentucky already has sovereignty, and it is called the Tenth Amendment. If the federal government tried to enforce some ridiculous legislation that violated KY law or the KY Constitution then a State law would not stop them from doing so. We need the federal government to go back where they should be, and leave the states alone. The states are the supreme authority anyways, and they always have been. Somehow along the way the federal government has forgot this.
    I do not believe they have forgotten it. They have just become too dependent on all the federal money and fear it getting cut off. So they let the feds rule.
    Kentucky Open Carry Group
    http://opencarry.niceboards.org/

    We all speak of liberty and freedom like we are the only ones that know the truth and the right path. But if we expect everyone to accept and follow our path and to accept our truth and want to force it upon them then that is no longer liberty or freedom. It is slavery. I believe in liberty for all. Regardless of their political views, religion, race, sex, etc.

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    Regular Member neuroblades's Avatar
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    Quote Originally Posted by KYGlockster View Post
    Kentucky already has sovereignty, and it is called the Tenth Amendment. If the federal government tried to enforce some ridiculous legislation that violated KY law or the KY Constitution then a State law would not stop them from doing so. We need the federal government to go back where they should be, and leave the states alone. The states are the supreme authority anyways, and they always have been. Somehow along the way the federal government has forgot this.
    I saw this come across my FaceVook page earlier today and my heart leapt with joy at the possibility!
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    Regular Member KYKevin's Avatar
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    Quote Originally Posted by neuroblades View Post
    I saw this come across my FaceVook page earlier today and my heart leapt with joy at the possibility!
    LOL yeah we been having a nice discussion on it up in the general discussion section.
    Last edited by KYKevin; 11-13-2012 at 12:10 AM.
    Kentucky Open Carry Group
    http://opencarry.niceboards.org/

    We all speak of liberty and freedom like we are the only ones that know the truth and the right path. But if we expect everyone to accept and follow our path and to accept our truth and want to force it upon them then that is no longer liberty or freedom. It is slavery. I believe in liberty for all. Regardless of their political views, religion, race, sex, etc.

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    Regular Member neuroblades's Avatar
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    Quote Originally Posted by KYGlockster View Post
    Kentucky already has sovereignty, and it is called the Tenth Amendment. If the federal government tried to enforce some ridiculous legislation that violated KY law or the KY Constitution then a State law would not stop them from doing so. We need the federal government to go back where they should be, and leave the states alone. The states are the supreme authority anyways, and they always have been. Somehow along the way the federal government has forgot this.
    If Kentucky has "sovereignty" then why is it that we're all freaking out and some of us are already getting punished, by way of losing hours, due to ObamaCare? If we have TRUE SOVEREIGNTY then all Kentucky has to do is inform the federal government, "We WILL NOT be taking part in our exercise of fiscal ruin and socialist decay! We WILL NOT take part in ObamaCare! END OF LINE"! I would nearly bet you if Kentucky notified the federal government of this, they'd be rolling of us!

    All of the States need to TAKE BACK their powers that some have granted to the government and keep them with the States themselves!

    The only thing that I find within the KRS that comforts me in these potentially troublesome times is KRS 237.104:


    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

    This seems to have been created and added into KRS after the Hurricane Katrina massacre's in New Orleans when LEO and possibly NG or Mili stripped to citizen's of their weapons. Thank God that Kentucky saw this and moved quickly on it! And this law may very well be the one that serves all of us the most, if something were to happen.
    History: Created 2006 Ky. Acts ch. 240, sec. 7, effective July 12, 2006.

    https://petitions.whitehouse.gov/pet...nment/RskKYzB6
    Last edited by neuroblades; 11-13-2012 at 11:26 AM. Reason: Site added.
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    Quote Originally Posted by neuroblades View Post
    If Kentucky has "sovereignty" then why is it that we're all freaking out and some of us are already getting punished, by way of losing hours, due to ObamaCare? If we have TRUE SOVEREIGNTY then all Kentucky has to do is inform the federal government, "We WILL NOT be taking part in our exercise of fiscal ruin and socialist decay! We WILL NOT take part in ObamaCare! END OF LINE"! I would nearly bet you if Kentucky notified the federal government of this, they'd be rolling of us!

    All of the States need to TAKE BACK their powers that some have granted to the government and keep them with the States themselves!

    The only thing that I find within the KRS that comforts me in these potentially troublesome times is KRS 237.104:


    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

    This seems to have been created and added into KRS after the Hurricane Katrina massacre's in New Orleans when LEO and possibly NG or Mili stripped to citizen's of their weapons. Thank God that Kentucky saw this and moved quickly on it! And this law may very well be the one that serves all of us the most, if something were to happen.
    History: Created 2006 Ky. Acts ch. 240, sec. 7, effective July 12, 2006.

    https://petitions.whitehouse.gov/pet...nment/RskKYzB6
    Like I said, the federal government has exceeded its Constitutional restraints, and destroyed state sovereignty. The states created the federal government, not the other way around. The states need to stand up for their sovereignty granted to them and by them in the Bill of Rights and the US Constitution. Another law will not work. We already have the United States Constitution that says the states are the supreme authority, yet the federal government ignores that; what would a State law do?
    "I never in my life seen a Kentuckian without a gun..."-Andrew Jackson

    "Guard with jealous attention the public liberty. Suspect every one who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are ruined."-Patrick Henry; speaking of protecting the rights of an armed citizenry.

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    Regular Member neuroblades's Avatar
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    Quote Originally Posted by KYGlockster View Post
    Like I said, the federal government has exceeded its Constitutional restraints, and destroyed state sovereignty. The states created the federal government, not the other way around. The states need to stand up for their sovereignty granted to them and by them in the Bill of Rights and the US Constitution. Another law will not work. We already have the United States Constitution that says the states are the supreme authority, yet the federal government ignores that; what would a State law do?
    I agree but the feds aren't listening and just keep creating more and more paperwork and burying us all in it.

    Perhaps it's time for the Kentucky citizens to light the fight underneath our own State government and calling them to task for NOT standing up to the federal government all this time.
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    Quote Originally Posted by gutshot View Post
    I don't know of anything prefiled, but I have what I consider good information that Constitutional Carry and the Firearms Freedom Act will be back again this year. Maybe, we will have better luck with them this time around. It will be tough to get much done, because there will be only 60 days in this year's session. I have a surprise or two, but can't say anything about it until Jan. Sorry for the tease.
    Any idea how the Constitutinal carry would work? I assume that we would no longer be required to have a licence to CC, but what about traveling to other states that require a licence to even OC or the GFSZ? In KY we would be good (other than in a GFSZ) without a licence but what if we wanted to have a licence anyhow? Could we or would licences be done away with all together?
    “The only thing necessary for the triumph of evil is for good men to do nothing.” Edmund Burke

    self-pres·er·va·tion (slfprzr-vshn)
    n.
    1. Protection of oneself from harm or destruction.
    2. The instinct for individual preservation; the innate desire to stay alive.

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    Quote Originally Posted by self preservation View Post
    Any idea how the Constitutinal carry would work? I assume that we would no longer be required to have a licence to CC, but what about traveling to other states that require a licence to even OC or the GFSZ? In KY we would be good (other than in a GFSZ) without a licence but what if we wanted to have a licence anyhow? Could we or would licences be done away with all together?
    My understanding is that it is only good in this state. You still have to get a cc to go out of state and then things depend on the other states recip. laws..
    Kentucky Open Carry Group
    http://opencarry.niceboards.org/

    We all speak of liberty and freedom like we are the only ones that know the truth and the right path. But if we expect everyone to accept and follow our path and to accept our truth and want to force it upon them then that is no longer liberty or freedom. It is slavery. I believe in liberty for all. Regardless of their political views, religion, race, sex, etc.

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    Quote Originally Posted by self preservation View Post
    Any idea how the Constitutinal carry would work? I assume that we would no longer be required to have a licence to CC, but what about traveling to other states that require a licence to even OC or the GFSZ? In KY we would be good (other than in a GFSZ) without a licence but what if we wanted to have a licence anyhow? Could we or would licences be done away with all together?
    If I'm not mistaken, Arizona still offers CCW licenses despite now having constitutional carry for reciprocity with other states. I would assume Kentucky would continue offering CCWs also for the same reason. If nothing else they're a good source of revenue

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    Quote Originally Posted by Comm View Post
    I would love to see a Bill that CCW can carry on University campus. I know that is FAR from being passed, but Mr. Damron tried to get it run through last year, but was D.O.D.
    I think carry in colleges is more likely to come from the courts than the legislature, of course it would be open carry not concealed carry.

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    Quote Originally Posted by garyh9900 View Post
    I think carry in colleges is more likely to come from the courts than the legislature, of course it would be open carry not concealed carry.
    Whether or not CC will ever be allowed (under law) on college campus is of course, yet to be seen. But I seriously doubt that IF it ever is, it will be OC! Yes, I know that OC is the primary form of legal carry in Kentucky but CC would of course be far less obvious and would therefore create far less of an issue, "Out of sight, out of mind" as the saying goes.

    Granted, for those that have cared to look at those signs of college campus, most of you know that they are either out there or they're quoting laws that are not even related to the nature of the signs. Therefore, there are some folks that are actively carrying on campus. I say, "Carry On"!
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    Quote Originally Posted by neuroblades View Post
    Whether or not CC will ever be allowed (under law) on college campus is of course, yet to be seen. But I seriously doubt that IF it ever is, it will be OC! Yes, I know that OC is the primary form of legal carry in Kentucky but CC would of course be far less obvious and would therefore create far less of an issue, "Out of sight, out of mind" as the saying goes.

    Granted, for those that have cared to look at those signs of college campus, most of you know that they are either out there or they're quoting laws that are not even related to the nature of the signs. Therefore, there are some folks that are actively carrying on campus. I say, "Carry On"!
    I think if we had individuals willing to be tests cases we could have open carry on campuses within a couple of years, whereas it can take anywhere from 3-months to 16 months to pass a law and have it in effect, assuming the law would pass. There is no law permitting college's to regulate the open carrying of weapons, so it would take some action in the courts, probably ultimately ending up with the Kentucky Supreme Court. The legislature granted them the specific authority to regulate concealed weapons on their premises. I believe the justices would rule in favor, albeit reluctantly, of a student openly carrying a firearm. I don't think the legislature will force concealed carry until other states have blazed that path.

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    Regular Member neuroblades's Avatar
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    Quote Originally Posted by garyh9900 View Post
    I think if we had individuals willing to be tests cases we could have open carry on campuses within a couple of years, whereas it can take anywhere from 3-months to 16 months to pass a law and have it in effect, assuming the law would pass. There is no law permitting college's to regulate the open carrying of weapons, so it would take some action in the courts, probably ultimately ending up with the Kentucky Supreme Court. The legislature granted them the specific authority to regulate concealed weapons on their premises. I believe the justices would rule in favor, albeit reluctantly, of a student openly carrying a firearm. I don't think the legislature will force concealed carry until other states have blazed that path.
    While I'm for carry on campus, no matter of the form or version, I just don't feel that the Kentucky Supreme Court is that forward thinking at this time on this issue. Though it would be great if they were!
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    Quote Originally Posted by neuroblades View Post
    Whether or not CC will ever be allowed (under law) on college campus is of course, yet to be seen. But I seriously doubt that IF it ever is, it will be OC! Yes, I know that OC is the primary form of legal carry in Kentucky but CC would of course be far less obvious and would therefore create far less of an issue, "Out of sight, out of mind" as the saying goes.

    Granted, for those that have cared to look at those signs of college campus, most of you know that they are either out there or they're quoting laws that are not even related to the nature of the signs. Therefore, there are some folks that are actively carrying on campus. I say, "Carry On"!
    Well, CC and OC are already "allowed" under law in Kentucky. There are no State statutes that PROHIBIT the carrying of firearms on a college campus; there is one Statute that gives post-secondary institutions the ability to "control" the possession of weapons on property they control.

    So it is allowed according to the laws of the State (because there are no laws that make it illegal and therefore it is legal), however, if a post-secondary institution has a policy that prohibits the carrying or possession of weapons, then they can legally sanction you or terminate your status as a student with that institution if you are caught violating that policy under authority of KRS 237.115.

    So it IS legal, but it is not a statutorily "protected" activity to carry on campus, outside of your personal vehicle.
    "I never in my life seen a Kentuckian without a gun..."-Andrew Jackson

    "Guard with jealous attention the public liberty. Suspect every one who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are ruined."-Patrick Henry; speaking of protecting the rights of an armed citizenry.

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    Quote Originally Posted by neuroblades View Post
    Granted, for those that have cared to look at those signs of college campus, most of you know that they are either out there or they're quoting laws that are not even related to the nature of the signs. Therefore, there are some folks that are actively carrying on campus. I say, "Carry On"!
    Here's the exact text of the door stickers at U of L. These are, as best as I can tell, posted on every possible entrance to every building that is part of the University system. As you can see, the only law cited on their posted signs is the concealed carry law, and only to say that it does not apply.

    Click image for larger version. 

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    Quote Originally Posted by gutshot View Post
    Now, that is funny. KRS 237.115 doesn't mention licensing. Concealed carry licenses are authorized by KRS 237.110.
    It is amazing how some places attempt to mislead with their signs. Kings Daughter's Medical Center here in Ashland has signs posted all-around that state firearms are prohibited under authority of KRS Chapter 237. I suppose they are refering to 237.110, however it is this very same statute that plainly states carry in medical facilities is not a crime. It is also this referenced statute that mentions only concealed firearms, and not openly carried firearms. They attempt to frigthen the ignorant, and I would venture to guess it often works. It is rather sad that they would rather strip someone of their right to self-defense by placing misleading signage than just telling the truth.
    "I never in my life seen a Kentuckian without a gun..."-Andrew Jackson

    "Guard with jealous attention the public liberty. Suspect every one who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are ruined."-Patrick Henry; speaking of protecting the rights of an armed citizenry.

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    Regular Member self preservation's Avatar
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    Quote Originally Posted by KYGlockster View Post
    They attempt to frigthen the ignorant, and I would venture to guess it often works.
    I bet the ole scare tactics work 98% of the time. It's sad that people will believe without a doubt what these signs say rather than take the 3 minutes to research their accuracy.
    “The only thing necessary for the triumph of evil is for good men to do nothing.” Edmund Burke

    self-pres·er·va·tion (slfprzr-vshn)
    n.
    1. Protection of oneself from harm or destruction.
    2. The instinct for individual preservation; the innate desire to stay alive.

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    Quote Originally Posted by gutshot View Post
    I don't know of anything prefiled, but I have what I consider good information that Constitutional Carry and the Firearms Freedom Act will be back again this year. Maybe, we will have better luck with them this time around. It will be tough to get much done, because there will be only 60 days in this year's session. I have a surprise or two, but can't say anything about it until Jan. Sorry for the tease.
    Well it is Jan. Hit us with it!
    Kentucky Open Carry Group
    http://opencarry.niceboards.org/

    We all speak of liberty and freedom like we are the only ones that know the truth and the right path. But if we expect everyone to accept and follow our path and to accept our truth and want to force it upon them then that is no longer liberty or freedom. It is slavery. I believe in liberty for all. Regardless of their political views, religion, race, sex, etc.

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    Quote Originally Posted by gutshot View Post
    Well, it is Jan. and my vacation is over. However, I won't be able to reveal the surprise until a little later. ss.
    I hope your surprise is swift and pleasant. We can't handle much more at this point. We had a great session last year... let's hope it continues.

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