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Thread: Muhlenberg KY Schools breaking state gun laws -- interesting find...

  1. #1
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    Exclamation Muhlenberg KY Schools breaking state gun laws -- interesting find...

    http://kyprogress.blogspot.com/2013/...ing-state.html

    Rural KY county school system seems to have illegal policy regarding firearms on grounds (in POV's).

    What say the OC?

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    Yes... I guess I am somewhat surprised at the lack of response also. Perhaps nothing can/will be done or discussed until a teacher or employee is violated.

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    Regular Member self preservation's Avatar
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    This was discussed once before without much interest.

    http://forum.opencarry.org/forums/sh...ghlight=school
    “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)
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    1. Protection of oneself from harm or destruction.
    2. The instinct for individual preservation; the innate desire to stay alive.

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    I believe this is a complete violation of State law. They have NO authority to prohibit ANYONE from keeping a firearm in their vehicle as long as it is kept in their vehicle in accordance with the provisions in KRS 527.070.

    I believe this is a violation of Kentucky preemption, and should be dealt with the same way we would deal with any other violations. The law is very clear, and if they want to violate it then they can be made to obey the law by a judge.
    "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 KYGlockster View Post

    I believe this is a violation of Kentucky preemption, and should be dealt with the same way we would deal with any other violations. The law is very clear, and if they want to violate it then they can be made to obey the law by a judge.
    Like all the idiots .. stop & frisk, security letters, etc ... they'll do anything because there is no personal liability to them ... even if they lose a civil case the gov't pays ....

    And to change the law? I don't see that happening ....

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by gutshot View Post
    --snipped--
    There is personal liability for such violations. They can be found guilty of Official Misconduct. Official Misconduct in the first degree is a Class A misdemeanor and carries a penalty of up to 1 year in jail and a $500 fine.
    Preemption law with teeth! Love it. Hopefully attorney fees can also be recovered.

    Florida has a $5,000. fine. Virginia has no prescribed penalty - we need to catch up.
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    Any updates of what was discussed here?

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    Quote Originally Posted by gutshot View Post
    They can be found guilty of Official Misconduct. Official Misconduct in the first degree is a Class A misdemeanor and carries a penalty of up to 1 year in jail and a $500 fine. If you look a little deeper in the Ky. forum you might also see that several lawsuits are currently underway.

    Lawsuits are not "official misconduct" cases, right? Show me 1 "official misconduct" case....I doubt you'll find one.

    Why not go to the school and when they violate the law then you arrest them or file a criminal complaint. Let me know how that works out for you.

    In reality, r-e-a-l-i-t-y, there is no personal liability. Just keeping it real.

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    Re: Muhlenberg KY Schools breaking state gun laws -- interesting find...

    A public official who knowingly breaks the law can be charged and found guilty of the criminal charge of "official misconduct". Additionally, civil penalties may apply.

    Sent from my SCH-I510 using Tapatalk 2

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    Regular Member self preservation's Avatar
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    Quote Originally Posted by gutshot View Post
    No, there is not even one. Once again, I suggest you read the statute before posting on it. Civil and criminal cases have only been possible since Jan 14, 2013. None have been able to get through the courts yet. When you post things like this, it makes you sound to be less than the opinion I have formed from some of your other posts.
    I am curious. 65.870(6) says "A violation of this section by a public servant shall be a violation of either KRS 522.020 or 522.030, depending on the circumstances of the violation."

    Shall...not should or could be. So how do we get them charged with violating 522.020 or 522.030?

    And what circumstances do you believe they are referring to, or is it to early without enough "test cases" to tell yet?
    “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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