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

J

jaymack

Regular Member
Joined
Sep 2, 2012
Messages
25
Location
coalfields of W.KY
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.:cry:
 
K

KYGlockster

Activist Member
Joined
Dec 9, 2010
Messages
1,842
Location
Ashland, KY
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.
 
davidmcbeth

davidmcbeth

Banned
Joined
Jan 14, 2012
Messages
16,167
Location
earth's crust
KYGlockster said:
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.
Click to expand...

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 ....
 
Grapeshot

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
gutshot said:
--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.
Click to expand...

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.
 
davidmcbeth

davidmcbeth

Banned
Joined
Jan 14, 2012
Messages
16,167
Location
earth's crust
gutshot said:
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.
Click to expand...


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.
 
L

langzaiguy

Regular Member
Joined
Mar 15, 2009
Messages
916
Location
Central KY
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
 
self preservation

self preservation

Regular Member
Joined
Apr 8, 2012
Messages
1,036
Location
Owingsville,KY
gutshot said:
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.
Click to expand...

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?
 
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