• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Gun Rights / Info Pamphlet

Statesman

Statesman

Regular Member
Joined
Jul 20, 2008
Messages
948
Location
Lexington, Kentucky, USA
imported post

N00blet45 wrote:
From my understanding of the law you won't face any legal action but you will be subject to administrative punishment from the college.

This is from KRS 237.115, it should answer your question.

(1) Except as provided in KRS 527.020, nothing contained in KRS 237.110 shall be construed to limit, restrict, or prohibit in any manner the right of a college, university, or any postsecondary education facility, including technical schools and community colleges, to control the possession of deadly weapons on any property owned or controlled by them or the right of a unit of state, city, county, urban-county, or charter county government to prohibit the carrying of concealed deadly weapons by licensees in that portion of a building actually owned, leased, or occupied by that unit of government.

(2) Except as provided in KRS 527.020, the legislative body of a state, city, county, or urban-county government may, by statute, administrative regulation, or ordinance, prohibit or limit the carrying of concealed deadly weapons by licensees in that portion of a building owned, leased, or controlled by that unit of government. That portion of a building in which the carrying of concealed deadly weapons is prohibited or limited shall be clearly identified by signs posted at the entrance to the restricted area. The statute or ordinance shall exempt any building used for public housing by private persons, highway rest areas, firing ranges, and private dwellings owned, leased, or controlled by that unit of government from any restriction on the carrying or possession of deadly weapons. The statute, administrative regulation, or ordinance shall not specify any criminal penalty for its violation but may specify that persons violating the statute or ordinance may be denied entrance to the building, ordered to leave the building, and if employees of the unit of government, be subject to employee disciplinary measures for violation of the provisions of the statute or ordinance. The provisions of this section shall not be deemed to be a violation of KRS 65.870 if the requirements of this section are followed. The provisions of this section shall not apply to any other unit of government.

(3) Unless otherwise specifically provided by the Kentucky Revised Statutes or applicable federal law, no criminal penalty shall attach to carrying a concealed firearm or other deadly weapon with a permit at any location at which an unconcealed firearm or other deadly weapon may be constitutionally carried.
Click to expand...
Click to expand...
So, is it "constitutional" to carry on campus?
 
J

jbradford1

Regular Member
Joined
Jul 12, 2008
Messages
81
Location
Silver Grove, Kentucky, USA
imported post

Statesman wrote:
jbradford1 wrote:
I have something for you.....http://www.lrc.state.ky.us/KRS/237-00/CHAPTER.HTM

Look at sect .104......

237.104 Rights to acquire, carry, and use deadly weapons not to be impaired during disaster or emergency -- Seizure of deadly weapons during disaster or emergency prohibited -- Application of section.
[font="Times New Roman,Times New Roman"]
(1) No person, unit of government, or governmental organization shall, during a period of disaster or emergency as specified in KRS Chapter 39A or at any other time, have the right to revoke, suspend, limit the use of, or otherwise impair the validity of the right of any person to purchase, transfer, loan, own, possess, carry, or use a firearm, firearm part, ammunition, ammunition component, or any deadly weapon or dangerous instrument.

(2) No person, unit of government, or governmental organization shall, during a period of disaster or emergency as specified in KRS Chapter 39A or at any other time, take, seize, confiscate, or impound a firearm, firearm part, ammunition, ammunition component, or any deadly weapon or dangerous instrument from any person.

(3) The provisions of this section shall not apply to the taking of an item specified in subsection (1) or (2) of this section from a person who is:

(a) Forbidden to possess a firearm pursuant to KRS 527.040;

(b) Forbidden to possess a firearm pursuant to federal law;

(c) Violating KRS 527.020;

(d) In possession of a stolen firearm;

(e) Using a firearm in the commission of a separate criminal offense; or

(f) Using a firearm or other weapon in the commission of an offense under KRS Chapter 150.
[/font]
Effective: [font="Times New Roman,Times New Roman"]July 12, 2006
[/font]
History: [font="Times New Roman,Times New Roman"]Created 2006 Ky. Acts ch. 240, sec. 7, effective July 12, 2006.
[/font]
Click to expand...
Does this section also apply to the Federal government?
Click to expand...

I am looking at section (b) and can assume as long as they (Feds) have a law or make one when they need it.(Katrina!..Duh! LOL!.)..they can try to do as they please. Knock knock..."Hi were from the Government and were here to help!...Can we have all of your firearms listed here?" "Oh! we tried to collect them from all of the criminals first but they wouldnt go along with us."

Keep in mind...the following was not the Feds...but it could look something like this-

Law-abiding citizens were subject to confiscation of their firearms during the Katrina catastrophe.
http://gunsandammomag.com/cs/Satellite/IMO_GA/Story_C/Hard+Times+In+The+Big+Easy
 
N

N00blet45

Regular Member
Joined
Aug 22, 2007
Messages
475
Location
Walton County, Georgia, ,
imported post

Statesman wrote:
N00blet45 wrote:
From my understanding of the law you won't face any legal action but you will be subject to administrative punishment from the college.

This is from KRS 237.115, it should answer your question.

(1) Except as provided in KRS 527.020, nothing contained in KRS 237.110 shall be construed to limit, restrict, or prohibit in any manner the right of a college, university, or any postsecondary education facility, including technical schools and community colleges, to control the possession of deadly weapons on any property owned or controlled by them or the right of a unit of state, city, county, urban-county, or charter county government to prohibit the carrying of concealed deadly weapons by licensees in that portion of a building actually owned, leased, or occupied by that unit of government.

(2) Except as provided in KRS 527.020, the legislative body of a state, city, county, or urban-county government may, by statute, administrative regulation, or ordinance, prohibit or limit the carrying of concealed deadly weapons by licensees in that portion of a building owned, leased, or controlled by that unit of government. That portion of a building in which the carrying of concealed deadly weapons is prohibited or limited shall be clearly identified by signs posted at the entrance to the restricted area. The statute or ordinance shall exempt any building used for public housing by private persons, highway rest areas, firing ranges, and private dwellings owned, leased, or controlled by that unit of government from any restriction on the carrying or possession of deadly weapons. The statute, administrative regulation, or ordinance shall not specify any criminal penalty for its violation but may specify that persons violating the statute or ordinance may be denied entrance to the building, ordered to leave the building, and if employees of the unit of government, be subject to employee disciplinary measures for violation of the provisions of the statute or ordinance. The provisions of this section shall not be deemed to be a violation of KRS 65.870 if the requirements of this section are followed. The provisions of this section shall not apply to any other unit of government.

(3) Unless otherwise specifically provided by the Kentucky Revised Statutes or applicable federal law, no criminal penalty shall attach to carrying a concealed firearm or other deadly weapon with a permit at any location at which an unconcealed firearm or other deadly weapon may be constitutionally carried.
Click to expand...
Click to expand...
So, is it "constitutional" to carry on campus?
Click to expand...
It is legal to do so. However the law makes it clear that the college administration can set their own rules in regards to firearms, most have a no firearms/weapons policy. The law also states that you cannot face criminal penalty for violating a college's no firearms policy.
 
N

N00blet45

Regular Member
Joined
Aug 22, 2007
Messages
475
Location
Walton County, Georgia, ,
imported post

jbradford1 wrote:
I am looking at section (b) and can assume as long as they (Feds) have a law or make one when they need it.(Katrina!..Duh! LOL!.)..they can try to do as they please. Knock knock..."Hi were from the Government and were here to help!...Can we have all of your firearms listed here?" "Oh! we tried to collect them from all of the criminals first but they wouldnt go along with us."

Keep in mind...the following was not the Feds...but it could look something like this-

Law-abiding citizens were subject to confiscation of their firearms during the Katrina catastrophe.
http://gunsandammomag.com/cs/Satellite/IMO_GA/Story_C/Hard+Times+In+The+Big+Easy
Click to expand...
Wouldn't that be a conflict of interests? How could a Kentucky State Trooper who is sworn to uphold Kentucky state law violate the law to enforce federal law?
 
J

jbradford1

Regular Member
Joined
Jul 12, 2008
Messages
81
Location
Silver Grove, Kentucky, USA
imported post

Yes it would be a conflict of interest. That wouldn't matter...never does..at the moment nobody knows who is in charge..or what Laws, Local, State, or Federal to follow. What matters is that YOU go through in your mind the "what if's" and figure out how you will comply. You will comply..the only difference is that now we have a model - "Martial Law after Katrina", that we can learn from. Learn well!
 
N

N00blet45

Regular Member
Joined
Aug 22, 2007
Messages
475
Location
Walton County, Georgia, ,
imported post

I doubt a hurricane will hit Kentucky but a major flood or series of tornadoes could bring similar destruction. I don't believe that the Kentucky state government would send law enforcement to confiscate firearms. If they did though I would consider it an illegal action under the US constitution, the state constitution, and state law and therefore consider their authority voided.
 
Statesman

Statesman

Regular Member
Joined
Jul 20, 2008
Messages
948
Location
Lexington, Kentucky, USA
imported post

jbradford1 wrote:
Check out the video...Kartina confiscation...

http://www.youtube.com/watch?v=-taU9d26wT4
Click to expand...
Yeah, I'm aware of that confiscation, and I've seen that video. This is tyranny, folks.

What I want to know is why New Orleans Police Superintendent P. Edwin Compass III, and the LEOs that violated the Constitution and the rights of the people, have not been fired, and are not in jail. This injustice infuriates me.

If there is no threat of fine or punishment, criminals will commit crimes. This is why our U.S. Congress currently violates the U.S. Constitution on a daily basis. This afterthought of, "Oh, you violated the Constitution, and citizens rights and safety. Don't do that any more. Here is your restraining order." garbage response from the courts is insufficient.
 
Statesman

Statesman

Regular Member
Joined
Jul 20, 2008
Messages
948
Location
Lexington, Kentucky, USA
imported post

N00blet45 wrote:
I doubt a hurricane will hit Kentucky but a major flood or series of tornadoes could bring similar destruction. I don't believe that the Kentucky state government would send law enforcement to confiscate firearms. If they did though I would consider it an illegal action under the US constitution, the state constitution, and state law and therefore consider their authority voided.
Click to expand...
Indeed it would be, just as those officers during Katrina followed the orders of the Police Superintendent. They had a duty to uphold the law, not follow the orders of someone abusing their authority.
 
N

N00blet45

Regular Member
Joined
Aug 22, 2007
Messages
475
Location
Walton County, Georgia, ,
imported post

Yes and the citizens should have resisted with force if necessary. I wouldn't hesitate to send a thief to his maker should he threaten me, why should it be any different for someone with a badge operating outside of his/her authority?
 
Statesman

Statesman

Regular Member
Joined
Jul 20, 2008
Messages
948
Location
Lexington, Kentucky, USA
imported post

N00blet45 wrote:
why should it be any different for someone with a badge operating outside of his/her authority?
Click to expand...
Because, allegedly, in a civilized society we are supposed to have a system to deal with someone operating outside the bounds of their authority. That should always be our first option, as noone wants to take life.

If Hitler's Gestapo came to seize me, and take me away to the concentration camps, you bet I'd defend myself.
 
N

N00blet45

Regular Member
Joined
Aug 22, 2007
Messages
475
Location
Walton County, Georgia, ,
imported post

It is true that civil redress through petition with the authorities is the appropriate action but only when the country is run by the rule of law. When the government doesn't obey its own laws how can it expect the citizens to do the same though? When dealing with a rogue cop petition and protest usually works but with a rogue government you're wasting your time protesting.
 
Statesman

Statesman

Regular Member
Joined
Jul 20, 2008
Messages
948
Location
Lexington, Kentucky, USA
imported post

N00blet45 wrote:
And the other part.
Click to expand...
It might be a good idea to cite a supporting KRS statute behind each claim made. People tend to question claims that do not have a supporting citation.

Also, the forum URL. It would be awesome if the owner(s) of the forum would put in subdomains for each state, pointing to that forum (i.e. kentucky.opencarry.org)

Other than that, it looks pretty good. I'd like to see the hot brunette on the cover, though.

Do we have clear goals of what we're trying to communicate? Who is our audience? Would we stand anything to gain by having a couple different versions to distribute to soccer moms, single or married women? Let people choose which versions to buy and distribute, based on the audience they reach.

Also, I think it may be beneficial to include reasons not to fear those who OC. As a suggestion, I posted this in another topic:

"Open Carry by definition, should be viewed as non-agressive and non-confrontational, since:
  1. a person is explicitly being open about the fact they are armed
  2. they most likely are not a criminal (criminals tend to conceal their weapons)
  3. law abiding gun owners who open carry provide a deterrent effect on crime"
 
J

jbradford1

Regular Member
Joined
Jul 12, 2008
Messages
81
Location
Silver Grove, Kentucky, USA
imported post

The program is called "Greeting Card Factory." I do not like it for one reason...In order to share something w/ another computer...it needs to have the same prog. in order to open it. Now i am not well versed in computer stuff so there is probably an easy way to do that and I just haven't figured it out yet. But the program is real easy to use for folks like me...simple..LOL. My wife advised me to use M/S WORD..but i just couldn't figure it out..

BTW..The folks who put together the Washington State pamphlet did all the work..I just used their format and inserted KY info...and with some help from others here in the forum including yourself, we got something we can use. Thanks JB..."Carry On!"
 
Statesman

Statesman

Regular Member
Joined
Jul 20, 2008
Messages
948
Location
Lexington, Kentucky, USA
imported post

Do we have a finalized copy of this brochure for distribution? Perhaps we should send this to Mike for review, since it does invite people to OpenCarry.org?
 
C

Cyklopz

Regular Member
Joined
Jul 17, 2008
Messages
42
Location
, ,
imported post

Has this document been finalized? Is there a high quality version available for download?

Thanks.

Cy
 
You must log in or register to reply here.
Top