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Thread: Ft. Thomas Councilman PROPOSES a 3 DAY WAITING PERIOD in KENTUCKY

  1. #1
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    Ft. Thomas Councilman PROPOSES a 3 DAY WAITING PERIOD in KENTUCKY

    Ft. Thomas Councilman proposes a 3 day waiting period in Kentucky


    I can't believe I saw this on Fox 19 out of Cincinnati this morning. A Ft. Thomas KY councilman is proposing a big change in Kentucky's gun laws. He is proposing a three day waiting period for gun purchases. This comes about because someone who killed a spouse was able to get a gun in 25 minutes, and he says a waiting period of 3 days would have prevented it according to him.

    http://www.fox19.com/story/23490181/...urchases-in-ky




    "In my mind, I've always been of the opinion that anybody that needs a gun should be able to wait three days. I don't think that is too much to ask and have a little cooling off period," said Bowman..."


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    I am not a lawyer, I study the history of gun control laws.

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    Regular Member 09jisaac's Avatar
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    I don't think that they can legally do this. Trying to persuade the State legislature to pass regulations is still "occupying any part of the field of regulation". I think as individuals they can, but as a council they can't.
    No man alive can beat me in a fair fight: It's not fair to chase a man down and beat him.

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    Regular Member KySIGGuy's Avatar
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    This should be interesting.

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    Many people who buy already have a gun ... + if not a gun, a knife is in the drawer.

    It was a day before per article ...

    Would do nothing ....

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    Listen to what he is saying......


    "It will be my hope that other cities see that we did it here, and they draft similar resolutions and it may have a snowball effect, and then we have the big voice in Frankfort," said Bowman.


    If anyone sees or hears anymore of these types of resolutions, proposals or ideas like this, PLEASE mention it, no matter how preposterous the proposal is. Lets try to stop these proposals from ever having that "snowball" effect down the line.

    -----------------------------------------------------------------------------------

    I saw what two politicians tried to do earlier in the year here in Kentucky...and it wasn't pretty. While it didn't pass, the thought of these things being proposed right here in Kentucky should keep everyone on their toes..........

    http://forum.opencarry.org/forums/sh...un-Legislation

    "Looks like KY being the land of the free is about to come to an end. "In addition to licensing and registration, the bill would allow local governments and Kentucky State Police to regulate firearms." So long 65.870. What's legal in this county may be a felony in the next.


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    I am not a lawyer, I study the history of gun control laws.

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    "Next up on Fox19 News: Mayor of Rabbit Hash declares war on Syria, orders President Obama to send troops."

    Both proposals will get about the same traction.
    Last edited by Brian D.; 09-21-2013 at 07:04 PM.

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    Quote Originally Posted by Brian D. View Post
    "Next up on Fox19 News: Mayor of Rabbit Hash declares war on Syria, orders President Obama to send troops."

    Both proposals will get about the same traction.

    Well at least someone declared war ...

    lol

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    Quote Originally Posted by Brian D. View Post
    "Next up on Fox19 News: Mayor of Rabbit Hash declares war on Syria, orders President Obama to send troops."

    Both proposals will get about the same traction.
    I wouldn't worry too much about any threats like this from the mayor of Rabbit Hash. I hear that her bark is worse than her bite.

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    I guess there is nothing to discuss


    Mods, please close the thread.
    I am not a lawyer, I study the history of gun control laws.

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    Quote Originally Posted by 09jisaac View Post
    I don't think that they can legally do this. Trying to persuade the State legislature to pass regulations is still "occupying any part of the field of regulation". I think as individuals they can, but as a council they can't.
    Regulation:
    1. the act or process of REGULATING
    2. a rule, principle, or condition that GOVERNS procedure or behavior
    3. a governmental or ministerial order having the FORCE of LAW
    (emphasis mine)

    Even if they are acting in their official capacity they can propose to the Legislature to pass a law and still be within the meaning and intent of KRS 65.870. This is nothing more than a proposal, and it does not REGULATE anything. They are just asking for the General Assembly to regulate our right.

    That said, this means NOTHING. The Kentucky General Assembly would NEVER support any type of legislation that would place such an infringement on our right to keep and bear arms. Sure, you have one or two that would support this nonsense, but the rest know where the people stand on such issues. As another member recently stated, "You don't mess with our guns in Kentucky." This doesn't mean we can get lax, but it does mean the GA would pay no mind to such issues as it currently stands.

    Something else to consider is councilmen only have authority when actually attending a council meeting. They have no authority at any other time. This is irrelevant to the story, but still something I feel is in need of mentioning. Also, while acting in their official capacity, they are still entitled to exercise their First Amendment rights. When we start infringing on people's First Amendment rights, regardless of their employ, then we are defeating the purpose of the First Amendment of the Bill of Rights.
    "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.

  11. #11
    Regular Member 09jisaac's Avatar
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    The statute does not just prohibit them from regulating firearms, it prohibits them from "occupying ANY PART of the field of regulation". Notice the difference between the two phrases.

    Lobbying is in the field.
    No man alive can beat me in a fair fight: It's not fair to chase a man down and beat him.

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    Quote Originally Posted by Brian D. View Post
    "Next up on Fox19 News: Mayor of Rabbit Hash declares war on Syria, orders President Obama to send troops."

    Both proposals will get about the same traction.

    It DID get traction and now it is heading to Frankfort. Perhaps we should be taking these things a bit more serious?


    http://www.fox19.com/story/23641987/...sed-in-council

    Ky. council passes resolution for 3 day waiting period for gun buyers


    FT. THOMAS, KY (FOX19) -

    Council members in Fort Thomas have passed a resolution that calls for a three-day waiting period for anyone buying a gun in Kentucky.

    Fort Thomas council member Ken Bowman proposed the resolution saying that three days would allow for a "cooling off period" to prevent violent shootings.

    On the other side of the issue, Council member Tom Lampe is opposed to the idea. Lampe suggest that a waiting period might have a negative effect for citizens who need a gun for personal protection.

    The resolution stems from an act of violence that rocked the Ft. Thomas community back in August, when DJ Mathis purchased a handgun just one day before he used it to shoot his estranged wife Alisha Waters. He then turned the gun on himself.

    Surveillance video from the gun store Triggers in Florence reveals it only took Mathis 25 minutes to get a gun following a background check.

    Council members say the resolution will go to Frankfort for consideration.
    Last edited by Midwest; 10-09-2013 at 04:52 AM.
    I am not a lawyer, I study the history of gun control laws.

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    Quote Originally Posted by Midwest View Post

    It DID get traction and now it is heading to Frankfort. Perhaps we should be taking these things a bit more serious?



    Council members say the resolution will go to Frankfort for consideration.
    Well sure it was sent along. By my reckoning "consideration" means little to nothing. Preemption doesn't outlaw idea-spitballing.

    But I'm not ready to call that "traction" just yet. Some urban area reps will nod their heads in agreement (as they always do with anti-gunrights notions) but they don't have enough votes to win the day at the statehouse.

    Never hurts to contact one's representatives, of course, to voice our feelings.

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    Here is a followup on the proposed 3 day waiting period. It was finally published on the Ft Thomas.org site today. These are legal proceedings are public information by a city government and should not be subject to copyright restrictions.

    While others have said that this will end up going nowhere, the point is ...that it was proposed, and that it even got this far and made into into a resolution should be a concern to all gun owners in Kentucky. We need to ask ourselves how many of these proposals and resolutions are happening in other parts Kentucky and no one is bringing it to light? This can't be the only one. To dismiss these types of proposals and resolutions and sweep it under the rug may not be the best approach.

    For those living in Ft Thomas, lets remember them when the elections come up and have them voted out of office next year. Lets not just concentrate on the pro-gun candidates but lets make sure to remember who the anti-gun candidates are and work toward having them voted out.


    http://www.ftthomas.org/Resolutions/...g%20period.htm



    RESOLUTION R-04-2013



    A RESOLUTION OF THE BOARD OF COUNCIL OF THE CITY OF FORT THOMAS, CAMPBELL COUNTY, KENTUCKY, SUPPORTING STATE LEGISLATION REQUIRING A THREE-DAY WAITING PERIOD FOR PURCHASE OF FIREARMS IN THE COMMONWEALTH OF KENTUCKY.



    WHEREAS, on August 6, 2013, a domestic dispute escalated into the

    attempted murder of Alisa Waters Mathis by her estranged husband, Dennis Mathis, who shot the 31-year-old woman in the building where her office was located on Grand Avenue in Fort Thomas before taking his own life with the same gun.



    WHEREAS, Mr. Mathis purchased the handgun used in the shooting less than one day before it occurred – purchasing the handgun in the afternoon August 5 and using it in the crime early the next morning.



    WHEREAS, the owner of the business where Ms. Mathis worked recently appeared before the Fort Thomas City Council to thank the City for the efforts of its law enforcement personnel on the day of the shooting and described the fear, anxiety, and apprehension that he and other employees of his business experienced in the aftermath of the shooting.



    WHEREAS, the states of California, Florida, Iowa, Hawaii, Illinois, Maryland, New Jersey, Minnesota, Rhode Island, Wisconsin and the District of Columbia all have imposed waiting period for the sale of some or all firearms.



    WHEREAS, a majority of the Fort Thomas City Council believes it is in the best interest of the residents of this city and of all citizens of the Commonwealth of Kentucky that the Kentucky General Assembly enact a law that requires a “cooling off” period after a person decides to purchase a firearm.



    WHEREAS, it is not unreasonable to require a three-day waiting period for any person wishing to purchase a firearm in the Commonwealth of Kentucky.



    WHEREAS, it is the position of a majority of the Fort Thomas City Council that Kentucky’s existing state statutes regarding the purchase of firearms within the state are inadequate to protect the residents of the City of Fort Thomas and the population of the state at large.



    NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Fort Thomas fully supports the filing and passage of legislation in the Kentucky General Assembly requiring a three-day waiting period for the purchase of any firearm purchased within the Commonwealth of Kentucky.



    BE IT FURTHER RESOLVED that the City of Fort Thomas strongly encourages the Kentucky General Assembly to enact this legislation during its upcoming 2014 Regular Session.



    Read, Passed and Adopted this 7th day of October, 2013.



    Members voting in favor: Jay Fossett, Ken Bowman, and Lisa Kelly.



    Members voting against: Eric Haas and Tom Lampe



    Members abstaining: Roger Peterman





    APPROVED:





    ________________________________

    ATTEST: Mary H. Brown, Mayor





    ______________________________

    Melissa K. Kelly, City Clerk
    Last edited by Midwest; 11-08-2013 at 08:28 PM.
    I am not a lawyer, I study the history of gun control laws.

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