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force to evacuate

ps1mhd

Regular Member
Joined
Apr 8, 2012
Messages
261
Location
sparta ky
Not gun related but didn't know where else to ask.
In Ky when can LEO force you to evacuate your home?
IE. disaster, damage to home, hazmat, law enforcement activity, ect.
What KRS(s) would it fall under.


Mike
 

DrakeZ07

Regular Member
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Mar 26, 2011
Messages
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Location
Lexington, Ky
Not without a warrant, and I am not sure on the statute's number, but we do have KRS that protects our rights during a state of emergency. Of course if you have a HAZMAT spill or leak or situation near your home, I seriously doubt you'll want to stick around long enough to see if they'll drag you out of your own home. But then again, You are free to stay and tell us how long it takes for your skin to melt, I'll wait eagerly,
 

KYGlockster

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Dec 9, 2010
Messages
1,842
Location
Ashland, KY
If anyone ever tries to remove me from my home I would use lethal force. KRS Chapter 503 is very clear when it states that anyone trying to physically remove us from OUR residence is doing so with ill-intent.

(1) A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if:
(a) The person against whom the defensive force was used was in the process of unlawfully and forcibly entering or had unlawfully and forcibly entered a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person's will from the dwelling, residence, or occupied vehicle; and
(b) The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.

Any peace officer that is attempting to remove me from my home without a proper warrant is doing so unlawfully and I will respond accordingly.

(d) The person against whom the defensive force is used is a peace officer, as defined in KRS 446.010, who enters or attempts to enter a dwelling, residence, or vehicle in the performance of his or her official duties, and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person entering or attempting to enter was a peace officer.

Entering is one thing; unlawfully attempting to remove me from MY residence is a different story.
 

Mantioch

Regular Member
Joined
Apr 10, 2013
Messages
68
Location
Louisville KY
Not without a warrant, and I am not sure on the statute's number, but we do have KRS that protects our rights during a state of emergency. Of course if you have a HAZMAT spill or leak or situation near your home, I seriously doubt you'll want to stick around long enough to see if they'll drag you out of your own home. But then again, You are free to stay and tell us how long it takes for your skin to melt, I'll wait eagerly,

I agree. Here's the only thing I could find that was relevant. I don't think anyone can physically force you to leave but under most conditions, I'm not sure you would want to stay. And in most cases you would likely forfeit any attempt to rescue you after the zombies are in your neighborhood.

http://kyem.ky.gov/Evacuation/Pages/default.aspx
 

Midwest

Regular Member
Joined
Aug 21, 2011
Messages
305
Location
Boone County, KY
What about those Level 3 snow emergencies where they tell you can't travel unless it is an emergency? Is that really legal?
 

DrakeZ07

Regular Member
Joined
Mar 26, 2011
Messages
1,080
Location
Lexington, Ky
What about those Level 3 snow emergencies where they tell you can't travel unless it is an emergency? Is that really legal?

Ya know, that's a good question. I never listened, when I heard those types of warnings wherever I lived or was at when it happened, I guess it has to do with my right to travel unimpaired.
 

skidmark

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Jan 15, 2007
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Location
Valhalla
http://www.lrc.ky.gov/krs/039a00/100.pdf

Read 39A.100, sections 1(f) and 2(b) very carefully. You can be declared such a person and, as the statute says, forcibly removed to a place of safety.

The nice part is that they cannot take your guns and ammo. BUT - I'll bet the shelters have "no firearms" policies. They will if operated by the Red Cross. For quite some time now the Salvation Army has been cut out of the sheltering business due to a federal "agreement" with ARC. The one SA homeless shelter where I did volunteer work had no problems with me OCing while there.

stay safe.
 

DrakeZ07

Regular Member
Joined
Mar 26, 2011
Messages
1,080
Location
Lexington, Ky
http://www.lrc.ky.gov/krs/039a00/100.pdf

Read 39A.100, sections 1(f) and 2(b) very carefully. You can be declared such a person and, as the statute says, forcibly removed to a place of safety.

The nice part is that they cannot take your guns and ammo. BUT - I'll bet the shelters have "no firearms" policies. They will if operated by the Red Cross. For quite some time now the Salvation Army has been cut out of the sheltering business due to a federal "agreement" with ARC. The one SA homeless shelter where I did volunteer work had no problems with me OCing while there.

stay safe.

Meh, some shelters are set up in churches, and I don't get along with churches, plus the ones who get set up as shelters are anti-firearms.

I've OC'd into ARC blood bank/drive buildings and RV's with no problems. Just don't tell them that I lie on the form about not being gay.
 

EMNofSeattle

Regular Member
Joined
Aug 7, 2012
Messages
3,670
Location
S. Kitsap, Washington state
http://www.lrc.ky.gov/krs/039a00/100.pdf

Read 39A.100, sections 1(f) and 2(b) very carefully. You can be declared such a person and, as the statute says, forcibly removed to a place of safety.

The nice part is that they cannot take your guns and ammo. BUT - I'll bet the shelters have "no firearms" policies. They will if operated by the Red Cross. For quite some time now the Salvation Army has been cut out of the sheltering business due to a federal "agreement" with ARC. The one SA homeless shelter where I did volunteer work had no problems with me OCing while there.

stay safe.

lets face it though..... if they have to arrest you to remove you, that means they're using manpower, fuel, vehicles etc to facilitate the "evacuation" of one person, while there's likely a panicked evacuation of thousands neaby that needs as much manpower as can be spared. I'd chalk that up as very unlikely you will be removed, as far as your food stores, that's why you shouldn't appear on doomsday preppers or the internet talking about your food, I'd also reccommend dumping your clothes and jewelry boxes on the front lawn and breaking a window or two to make it look like your residence has already been looted, making it less likely any looters, be they government or "private sector" will want to spend the time to look through....
 

Mantioch

Regular Member
Joined
Apr 10, 2013
Messages
68
Location
Louisville KY
Really? Going to shoot at people in a bona fide emergency that are trying to do their jobs and get people to safety? If its a made up emergency, I get it. Otherwise, I think that's a pretty hardline stance.

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DrakeZ07

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Mar 26, 2011
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Lexington, Ky
Really? Going to shoot at people in a bona fide emergency that are trying to do their jobs and get people to safety? If its a made up emergency, I get it. Otherwise, I think that's a pretty hardline stance.

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Some of us don't take kindly to the thought or action of a thug in uniform forcefully removing us from our homes, it must be a Eastern KY thing, unless L-Ville suddenly has a backbone.
 

Mantioch

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Apr 10, 2013
Messages
68
Location
Louisville KY
Don't lecture me about backbone, son. And I'm not from Louisville. Posting about slaughtering first responders trying to help people doesn't advance our cause and is immature spouting off. **** ** **** **** *** ***. No one cares.

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skidmark

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Messages
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Valhalla
Don't lecture me about backbone, son. And I'm not from Louisville. Posting about slaughtering first responders trying to help people doesn't advance our cause and is immature spouting off. Stay in your home and die. No one cares.

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Then why this:

Regular Member
Mantioch's Avatar
Join Date:Apr 2013
[B]Location:Louisville KY[/B]
Posts:55

It's probably just me, but trash-talking back to someone trash-talking never got things very far. Back in my youth (shortly after the molten mass cooled) we called that "wolfing" or "doing the dozens". It needed to be done with style and panache or you came off looking/sounding lame.

In case you never heard it called that, check here http://en.wikipedia.org/wiki/The_Dozens and here http://www.randomhouse.com/wotd/index.pperl?date=19960903 and here http://www.princeton.edu/~achaney/tmve/wiki100k/docs/The_dozens.html and here http://www.elijahwald.com/dozens.html . (The problem is that all those fine folks seem to want to believe the activity was confined to the African-American culture. I'm so white people stand by me to read the newspaper at night, and I first learned the game and its techniques in Eastern Europe.)

stay safe.
 

DrakeZ07

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Lexington, Ky
its not trash talking if its true :p

I kid, I kid, I have lots of love for my fellow Kentuckians, well, except for for one or two people on and off the forum. And my jab at Mantioch was supposed to be far more subtle than what my fingers typed out, one of those "my mind thought something, my fingers typed another" thing.

Also, I ain't no 'boy'; Just because I'm gay doesn't mean you can think that I'd lay down to your wording, I like to play rough too, and look good while doing it.
 
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Mantioch

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Apr 10, 2013
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Location
Louisville KY
I currently live in Louisville, I'm not from Louisville.

And I wasn't trash talking. Maybe I missed one of the primary reasons for this forum, but I thought it was to educate and bring firearms back into the norm in an anthropological way through our behavior with them. People come here to get information and learn about what open carry is all about. Reading this chain, they are going to think its a bunch of gun nut zealots that kill firemen and police officers trying to evacuate people from the homes in a crisis. Is that really the image we want to show people? Does that really advance our cause? If I'm mistaken, then rock on.

And the backbone comment wasn't necessary. I'm making a point and it isn't necessary to be personal just because you don't like it.

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DrakeZ07

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Mar 26, 2011
Messages
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Lexington, Ky
I currently live in Louisville, I'm not from Louisville.

And I wasn't trash talking. Maybe I missed one of the primary reasons for this forum, but I thought it was to educate and bring firearms back into the norm in an anthropological way through our behavior with them. People come here to get information and learn about what open carry is all about. Reading this chain, they are going to think its a bunch of gun nut zealots that kill firemen and police officers trying to evacuate people from the homes in a crisis. Is that really the image we want to show people? Does that really advance our cause? If I'm mistaken, then rock on.

And the backbone comment wasn't necessary. I'm making a point and it isn't necessary to be personal just because you don't like it.

Sent from my EVO using Tapatalk 2

People also come here to trade ideas, talk about things regarding OC and how our lives revolver around it, and to meet others involved int he community. People also come here and see that you don't have to be mister perfect to be an OC'er, that we all have different ideas, opinions, thoughts, actions, and attitudes. Just because I'm an OC'er, doesn't mean I have to think and talk perfectly and lovingly about our government, nation, and the people who enforce the laws.

And unless you want a really peeved gay dude on your hands, then I really would refrain from grouping Firefighters, EMTs, and FR's along with cops. I don't like that too well.
 
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Mantioch

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Louisville KY
I get that it is a forum for the exchange of ideas. I just don't think there's anything wrong with decorum. So, I guess that makes me Mr. Perfect OC'er, which I'm fine with.

And all those people work for the government. I get there are volunteers, but there are volunteer deputies as well. I have family that are first responders, EMTs, firefighters. I'm a trained first responder for my company. Not my primary job, I volunteer.

I guess what I don't get is the personal attacks that seem to be the norm in this forum when people share ideas. I've seen several people ran off since I've been here, which isn't very long.


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DrakeZ07

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Lexington, Ky
Its criticism, not personal attacks. And people who get "ran off" are the ones who cannot handle someone criticizing, correcting, or showing them their wrongs/stupidity... Or just realize that this isn't the place to pull latent anti-gun/LEO fishing/trolling behavior.

And I do apologize if you -think- that I am attacking you, I'm not, I just use heavy-handed criticism, and sarcasm.

A key thing to remember is, not to throw in unrelated groups/people into something that doesn't involve them, then call foul when someone stands up to it. When someone says there would be a bloodbath if they was unlawfully forced from their home, then its a statement of intent to defend their life, and liberty from unjust and illegal actions of law enforcement
 

09jisaac

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Joined
Apr 13, 2011
Messages
1,692
Location
Louisa, Kentucky
Really? Going to shoot at people in a bona fide emergency that are trying to do their jobs and get people to safety? If its a made up emergency, I get it. Otherwise, I think that's a pretty hardline stance.

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Neuroblades never once said he would or condoned shooting at first responders. He merely pointed out a very probably scenario.
 
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