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Hopkinsville Chief denied citizen to bear arms in police station

zlatkoskuljan

New member
Joined
Mar 2, 2013
Messages
8
Location
hopkinsville
not looking for fame

Yes, it absolutely would be, but it seems that the OP is more concerned about making his own 15 sec of fame on youtube and several of the other members of this board are determined to warn the Chief of that danger so that he can fix everything before any legal action can be taken. How can you sue to force changes that have already been made? How is gutshot supposed to have this guy arrested when gutshot has no idea who the OP is, and has nothing in writing about the incident and now the Chief knows not to do this kind of stuff. Fellows, the days of calling these people and begging them to change their behavior ended on Jan. 14. Now, the proper reaction to these kinds of behavior is:

1. Keep you mouth shut about it in public.
2. If a cop says he'll arrest you for something you know to be legal, make him do it, no, insist that he do it. (This OP could have been the new Rosa Parks)
2. Secure any evidence (video, audio recordings, witness statements) get photos of any signs, get copies of any local ordinances (before they can be taken down or changed) and get names, addresses, email addresses, phone numbers of those involved.
3. Retain a lawyer, who is familiar with these kinds of cases(there aren't many) and is willing to take one without any money up front(there are even fewer and now that it has been tainted, propably none). If you don't know of one or can't find one, get hold of someone (privately) who can help (NRA, GOA, KC3). Contact a lawyer and file suit or contact someone to do that for you.

This event is now, probably, unsalvageable. If it had been handled correctly, it might have been our first big case, where a judge could be convinced that criminal charges would apply. That won't be easy unless we have a really egregious violation, like this one. What a waste.

your claim that iam looking for fame is fasle, if not for posting the video on youtube this ball that is in motion now would not be rolling, iam thinking about pressing charges no matter what so pls support me, i know we have the same goal more freedom
freedom its whats for dinner
 

MAC702

Campaign Veteran
Joined
Jul 31, 2011
Messages
6,331
Location
Nevada
Well, if he actually gets to go inside and get an apology, that's one thing.

But maybe it'll happen all over again, egregiously and well-witnessed after known notification...
 

CharleyCherokee

Regular Member
Joined
Mar 27, 2011
Messages
293
Location
WesternKy
2. If a cop says he'll arrest you for something you know to be legal, make him do it, no, insist that he do it. (This OP could have been the new Rosa Parks)<- This is extremely bad advice in Ky. In fact, in Ky if you don't PROTEST an illegal arrest to the arresting officer you can't seek damages for unlawful arrest. The relevant case information is Nickell v. Commonwealth, Ky 285 S.W.2d 495, 496
 

CharleyCherokee

Regular Member
Joined
Mar 27, 2011
Messages
293
Location
WesternKy
Heh. And what a wonderful politician he'd make with a speech like that. Those politician guys are good at doing stuff like that. A sincere apology makes a wonderful settlement clause in a suite in my personal opinion. :D
 

zlatkoskuljan

New member
Joined
Mar 2, 2013
Messages
8
Location
hopkinsville
I am a little slow so, please explain how posting this on youtube has enhanced your legal position and how getting a public apology from the Chief is preferred over a permanent injunction issued by the Circuit Court, ordering the city to not violate KRS 65.870 in any fashion, ever again. One may be personally satisfying, but the other is "freedom" for everyone.[/QU
i think just pressing charges will be the right thing
 

self preservation

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

Maybe, I hope it goes well, but more likely it will become the Chief's show. He will be able to say and do what he wants to twist this to his advantage. I can hear it now, "My actions may have been somewhat inadvisable, but I want to assure everyone that my only concern was for the safety of my fellow citizens of Hopkinsville. That has always been the most important part of my job as your Chief of Police. If my actions have caused any hurt feeling to some supersensative people, like Mr. Skuljan, I apologize, but hurt feelings are a small issue compared to the personal safety of the community and the welfare of the city employees who were scared to death in that building and had begged me to save them, as I did. By the way, I'd like to announce that I intend to run for Mayor." Applause, applause. Cheering and balloon release. White doves fly to the heavens. All OC'er turn, look at one another and say, "What just happened?"

It seems that Mr. Gutshot has played this game before. Because I am willing to bet the farm that he is dead on with this prediction.
 

langzaiguy

Regular Member
Joined
Mar 15, 2009
Messages
916
Location
Central KY
The goal here is to get him to cease and desist from what he is doing. I don't care what BS he spouts as long as he complies with the law. If he doesn't comply after letters, then I think a judge would award more damages if and when a suit is filed as their actions would be more brazen considering they had ample time, knowledge, and opportunity and yet still failed to act.
 

self preservation

Regular Member
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Apr 8, 2012
Messages
1,036
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Owingsville,KY
The goal here is to get him to cease and desist from what he is doing. I don't care what BS he spouts as long as he complies with the law. If he doesn't comply after letters, then I think a judge would award more damages if and when a suit is filed as their actions would be more brazen considering they had ample time, knowledge, and opportunity and yet still failed to act.

That has been the goal for a while now. Any letters, emails or meetings have obviously failed. This didn't sneak up on them. They have known for a while now that they need to comply, but yet they still refuse to. They don't understand a reasonable plea from folks like us. They do understand punishment. The time for pleading with our local governments to obey the law has passed. It's time for real action now.
 

09jisaac

Regular Member
Joined
Apr 13, 2011
Messages
1,692
Location
Louisa, Kentucky
Isaac, I've actually had success through my efforts in Scott Co. on having the sheriff remove his signs. I think letters outlining civil and criminal liability go somewhat far.

If they are ignorant of the law, usually a notification will work. When a man is standing face to face challenging a stance, a letter later probably would do little.

The Cop knew the law, knew he wasn't enforcing the law but stood firm. You letter does not scare him any less than the other man's firearm.
 

self preservation

Regular Member
Joined
Apr 8, 2012
Messages
1,036
Location
Owingsville,KY
If they are ignorant of the law, usually a notification will work. When a man is standing face to face challenging a stance, a letter later probably would do little.

The Cop knew the law, knew he wasn't enforcing the law but stood firm. You letter does not scare him any less than the other man's firearm.

I agree. Ignorance is curable. Stupidity is terminal. They know the law but hate to abide by it because they don't agree with it. They can stand firm all they want. So can we.
 

KYGlockster

Activist Member
Joined
Dec 9, 2010
Messages
1,842
Location
Ashland, KY
2. If a cop says he'll arrest you for something you know to be legal, make him do it, no, insist that he do it. (This OP could have been the new Rosa Parks)<- This is extremely bad advice in Ky. In fact, in Ky if you don't PROTEST an illegal arrest to the arresting officer you can't seek damages for unlawful arrest. The relevant case information is Nickell v. Commonwealth, Ky 285 S.W.2d 495, 496

This would be NULL and VOID do to SCOTUS precedent. Many people are arrested illegally without knowing at the time that the arrest is illegal and/or unconstitutional. Many people do not find out that their rights were violated until they have spoke with an attorney. Most people are completely ignorant of their rights, and simply being ignorant of your rights at the time of an arrest does not excuse an officer or whoever/whatever else would be held liable for their actions if those actions did violate the law or your rights.

I could hear it now: man who was illegally beaten and arrested by police and suffered severe brain damage and paralysis cannot sue because he did not "protest" their actions when he was being unlawfully beaten and arrested. Do you think this would make any sense?
 

countryclubjoe

Regular Member
Joined
Mar 3, 2013
Messages
2,505
Location
nj
The OP would be wise to file a Federal Lawsuit against the idiot chief and the township.
For violations under U.S.C. 42 Section 1983.

Until these tyrants are bought to court they will continue to violate peoples rights.

A good read on the subject is Section 1983 Litigation by Michael G. Collins.

Fight on.

CCJ
 
Last edited:

langzaiguy

Regular Member
Joined
Mar 15, 2009
Messages
916
Location
Central KY
For what it's worthy

Hopkinsville's city attorney returned my email and reads as follows:

Langzaiguy,

This will acknowledge receipt of your recent email. While I cannot comment on the particular facts contained in your email, I will be glad to clarify the law regarding this matter.

KRS 237.115 authorizes cities to prohibit or limit the carrying of concealed deadly weapons in buildings owned, leased or controlled by the city. The City of Hopkinsville passed an ordinance in 2007 prohibiting the carrying of concealed firearms or other deadly weapon in any building owned, leased or controlled by the city (HCO 130.12; Ordinance 35-2007). This ordinance only applies to concealed weapons. The city has complied, and will continue to comply, with Federal, State and local laws pertaining to firearms.

Thank you for your interest in this matter. Should you have any questions or wish to discuss, please don’t hesitate to give me a call.

Best regards,

Doug Willen
Hopkinsville City Attorney


Of course actions speak louder than words.
 

DamonK

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Joined
Mar 23, 2012
Messages
585
Location
Ft. Lewis, WA
Hopkinsville's city attorney returned my email and reads as follows:

Langzaiguy,

This will acknowledge receipt of your recent email. While I cannot comment on the particular facts contained in your email, I will be glad to clarify the law regarding this matter.

KRS 237.115 authorizes cities to prohibit or limit the carrying of concealed deadly weapons in buildings owned, leased or controlled by the city. The City of Hopkinsville passed an ordinance in 2007 prohibiting the carrying of concealed firearms or other deadly weapon in any building owned, leased or controlled by the city (HCO 130.12; Ordinance 35-2007). This ordinance only applies to concealed weapons. The city has complied, and will continue to comply, with Federal, State and local laws pertaining to firearms.

Thank you for your interest in this matter. Should you have any questions or wish to discuss, please don’t hesitate to give me a call.

Best regards,

Doug Willen
Hopkinsville City Attorney


Of course actions speak louder than words.

This is why I'm glad Washington state has preemption!

Sent from my DROID4 using Tapatalk 2
 

langzaiguy

Regular Member
Joined
Mar 15, 2009
Messages
916
Location
Central KY
So does KY. Hopkinsville's statutes are in-line with state law. Apparently, the behavior of the police chief, is not.
 

MrOverlay

Regular Member
Joined
Feb 19, 2009
Messages
186
Location
Olive Hill, Kentucky, USA
Hopkinsville's city attorney returned my email and reads as follows:

Langzaiguy,

This will acknowledge receipt of your recent email. While I cannot comment on the particular facts contained in your email, I will be glad to clarify the law regarding this matter.

KRS 237.115 authorizes cities to prohibit or limit the carrying of concealed deadly weapons in buildings owned, leased or controlled by the city. The City of Hopkinsville passed an ordinance in 2007 prohibiting the carrying of concealed firearms or other deadly weapon in any building owned, leased or controlled by the city (HCO 130.12; Ordinance 35-2007). This ordinance only applies to concealed weapons. The city has complied, and will continue to comply, with Federal, State and local laws pertaining to firearms.

Thank you for your interest in this matter. Should you have any questions or wish to discuss, please don’t hesitate to give me a call.

Best regards,

Doug Willen
Hopkinsville City Attorney


Of course actions speak louder than words.

Their ordinance says "concealed weapons or other deadly weapons". The City Attorney says this only applies to concealed weapons, but would he not then argue that an open carried firearm was an "other deadly weapon"?

Just a thought.
 

self preservation

Regular Member
Joined
Apr 8, 2012
Messages
1,036
Location
Owingsville,KY
Their ordinance says "concealed weapons or other deadly weapons". The City Attorney says this only applies to concealed weapons, but would he not then argue that an open carried firearm was an "other deadly weapon"?

Just a thought.

Plus, the Chief said the weapon was "concealed" because the Chief couldn't see it from his angle. What a load of BS. The OP may now have rectal cancer due to the massive amounts of smoke that the Chief was blowing up his azz.
 

self preservation

Regular Member
Joined
Apr 8, 2012
Messages
1,036
Location
Owingsville,KY
If that is true, how did the Chief know he was armed.

That would be my argument if I were the OP. I guess the Chief believes that humans are made of glass and therefor you should be able to see through them. Just your typical "I'm right because" argument of some jackass LEO. I remember a story from several years back. Prior to 1996 and KY CCDW laws. A KSP trooper was testifying in court against a man that he had arrested on a concealed weapons charge. The judge asked the Trooper how he knew the defendant had a gun? The Trooper responded, "because I could see it." The judge then replied "then the damn thing wasn't concealed", proceeded to slam his gavel and dismiss the case. :lol:
 
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