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bluegrass fair
- Thread starter nick1207
- Start date
KY_CCDW
Regular Member
imported post
The fair in my county posts "no firearms" signs. I spoke to a fair board member about it, and pointed out that the sign was illegal. She said "I really don't care what the law says, if you have the money for the lawyers, take us to court".
Well, I guess I'm going to have to take donations!
The fair in my county posts "no firearms" signs. I spoke to a fair board member about it, and pointed out that the sign was illegal. She said "I really don't care what the law says, if you have the money for the lawyers, take us to court".
Well, I guess I'm going to have to take donations!
hotrod
Regular Member
imported post
KY_CCDW wrote:
KY_CCDW wrote:
Ask her if she has heard of 42USC1983. That would be what you would file the lawsuit under if you are arrested for legally carrying. The AG of the Commonwealth has a posted opinion on county governments not being able to regulate any carry except into building owned or leased by the county.
KY_CCDW
Regular Member
imported post
mnick426 wrote:
mnick426 wrote:
When I've asked about those kinds of things, was told "we're afraid a gun will fall out of someone's pocket while on a ride".
KY_CCDW
Regular Member
imported post
hotrod wrote:
hotrod wrote:
I was told by a local cop the charge would be something like "disorderly conduct".:X
hotrod
Regular Member
imported post
KY_CCDW wrote:
KY_CCDW wrote:
KRS 525.060 would not apply to anything you were doing in legally carrying a firearm.
zer0cool
Regular Member
imported post
Disorderly Conduct or DC is when the antis or a LEO make a scene when a lawfully armed citizen is carrying a weapon. Plain and simple. Carrying a weapon isn't disorderly. Screaming HES GOT A GUN!!!!, calling 911, or a LEO pointing a weapon at a lawfully armed citizen and ordering him to the ground and then arresting him because he has a holstered weapon. THAT IS DISORDERLY CONDUCT!
Disorderly Conduct or DC is when the antis or a LEO make a scene when a lawfully armed citizen is carrying a weapon. Plain and simple. Carrying a weapon isn't disorderly. Screaming HES GOT A GUN!!!!, calling 911, or a LEO pointing a weapon at a lawfully armed citizen and ordering him to the ground and then arresting him because he has a holstered weapon. THAT IS DISORDERLY CONDUCT!
mellio
Regular Member
imported post
Are these county fairs actually put on by the counties or is the property rented by the fair promoters? If it is rented by a private company they may have the right to ask you not to carry while on the property they have rented. Just wondering.
Are these county fairs actually put on by the counties or is the property rented by the fair promoters? If it is rented by a private company they may have the right to ask you not to carry while on the property they have rented. Just wondering.
KY_CCDW
Regular Member
imported post
I think usually its on county property, but put on by the "Fair Board". I'm not sure of their status, governmental or 501.3C
I think usually its on county property, but put on by the "Fair Board". I'm not sure of their status, governmental or 501.3C
langzaiguy
Regular Member
imported post
A person is guilty of disorderly conduct in the first degree when he or she:
(a) In a public place and with INTENT to cause public inconvenience, annoyance, or alarm, or wantonly creating a risk thereof:
1. Engages in fighting or in violent, tumultuous, or threatening behavior;
2. Makes unreasonable noise; or
3. Creates a hazardous or physically offensive condition by any act that serves no legitimate purpose; and
I believe that a person is guilty of DC only when the intent is there. And, of course, peaceably exercising one's rights is no where near DC.
Another note: this particular fair is put on by the Lion's Club. They can probably ask someone to leave.
A person is guilty of disorderly conduct in the first degree when he or she:
(a) In a public place and with INTENT to cause public inconvenience, annoyance, or alarm, or wantonly creating a risk thereof:
1. Engages in fighting or in violent, tumultuous, or threatening behavior;
2. Makes unreasonable noise; or
3. Creates a hazardous or physically offensive condition by any act that serves no legitimate purpose; and
I believe that a person is guilty of DC only when the intent is there. And, of course, peaceably exercising one's rights is no where near DC.
Another note: this particular fair is put on by the Lion's Club. They can probably ask someone to leave.
Statesman
Regular Member
imported post
KY_CCDW wrote:
KY_CCDW wrote:
Any idea how much an effort like this would cost? I'd be willing to donate to get the signs taken down to deal with the boards arrogance.
KY_CCDW
Regular Member
imported post
I think it would be expensive. Of course at the local court, we're probably going to lose the first go round. There would have to be at least one appeal.
I think it would be expensive. Of course at the local court, we're probably going to lose the first go round. There would have to be at least one appeal.
Statesman
Regular Member
imported post
So what would happen if you just OC at the fair? They call the police, and they come and find no law is being broken?
So what would happen if you just OC at the fair? They call the police, and they come and find no law is being broken?
KY_CCDW
Regular Member
imported post
Statesman wrote:
Statesman wrote:
Disorderly Conduct charge.
hotrod
Regular Member
imported post
KY_CCDW wrote:
KY_CCDW wrote:
Disorderly Conduct would not be a charge available to the police. If arrested, or detained without RAS the police would be open to a lawsuit under 42USC1983. Local, County and State property can not be posted as no carry. It is outside their scope.
Statesman
Regular Member
imported post
KY_CCDW wrote:
This is where a video camera would become handy, showing no disorderly conduct of the OCer.
KY_CCDW wrote:
We both know that doesn't apply, so it will get thrown out in court. I've heard this can be done with a court assigned defense attorney (or something). I'm not sure if that's a good idea.
This is where a video camera would become handy, showing no disorderly conduct of the OCer.
langzaiguy
Regular Member
imported post
I really do think we're missing the point here. Even though this is a public location, I'm sure the Lion's Club Fair gig is a private event and would have the authority to ask you to leave their event.
Now this is assuming the anti-gun signs are theirs--not the parks. Are the signs in the park year round?
I really do think we're missing the point here. Even though this is a public location, I'm sure the Lion's Club Fair gig is a private event and would have the authority to ask you to leave their event.
Now this is assuming the anti-gun signs are theirs--not the parks. Are the signs in the park year round?
hotrod
Regular Member
imported post
langzaiguy wrote:
langzaiguy wrote:
No they wouldn't have the authority. The property is owned by either a local, county, or state governments. They can not infringe on your rights by assigning the property to someone else. The Commonwealth AG opined on this with Louisville in 1998 when Louisville established a park through a trust and tried to claim the trust was a privately owned corporation. It didn't fly.
Statesman
Regular Member
imported post
This is why I am an advocate of taking donations for an "OC defense fund", whereby if you become a member and donate, a selected board of members would decide if the funds would be used for another members defense, in case our rights are violated. Then, there wouldn't be as much of a hit on a persons finances to defend oneself in court against a bogus D.O. charge, or something else.
This is why I am an advocate of taking donations for an "OC defense fund", whereby if you become a member and donate, a selected board of members would decide if the funds would be used for another members defense, in case our rights are violated. Then, there wouldn't be as much of a hit on a persons finances to defend oneself in court against a bogus D.O. charge, or something else.
hotrod
Regular Member
imported post
Statesman wrote:
Statesman wrote:
Not a bad idea. You would need to establish a committee to determine what cases to provide funds to and a lawyer to help at an amount affordable.