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Another Potential Legal Faux Pas

langzaiguy

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Oh please do, I feel as though I'm hitting a road block. I may just mosey over to my Rep's house as he's so close. Just let me know what you're up to so we can work efficiently/effectively.

For awhile there, I was feeling as though I was the only one with a problem with this. Glad I'm not the only one!
 

langzaiguy

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Do we even know if there are consequences for breaking this regulation? I don't have any plans to visit a SNP anytime soon, but if I do, I'll certainly be OCing...
 

langzaiguy

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Nice find, Gutshot. I looked into krs 224 and all the statutes were either renumbered or repealed. The ones that were renumbered, I don't know how to look up, so I pretty much came up with nothing on krs 224.

So....an update with our situation. My email to Rep. Combs, Co-chair of KAR sent this letter:

"Hey Dave,

Would you please respond to this gentleman.

Thanks,

(Rep. Combs)

Dave, Committee Staff Administrator for the Administrative Regulation Review Subcommittee, sent this email to me:

"Thank you for your email alerting Representative Combs to the provisions of 400 KAR 2:090, “Management, Use, and Protection of Nature Preserves.” This particular regulation has not been updated or revised since 1987 and is obviously in need of a review. We appreciate your concerns, and those concerns will be taken into consideration as we continue to research this matter. Thank you again for your input."

A couple thoughts: 1)It seems like Rep. Combs forwarded the inquiry to the appropriate guy. 2)Guy seems like he acknowledges that this regulation needs to be addressed. 3)I still feel as though the buck is being passed and I'm getting the run-around.

I'll be in contact with Dave Nichols and see what I can come up with.
 

superdemon

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While I can't help with the letter writing, I can tell you that weapons are not allowed in SNP as they are set up to protect the fauna in the area, and make poaching more difficult.
 

superdemon

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gutshot wrote:
superdemon wrote:
While I can't help with the letter writing, I can tell you that weapons are not allowed in SNP as they are set up to protect the fauna in the area, and make poaching more difficult.

How does carrying a gun in a holster on your belt harm fauna or effect poaching? As I said up thread banning the discharge of a firearm would make some sense, unless they had other motives in mind when the regulation was made.

I am not saying it is logical, or that I agree with it, just stating the basis for the idea.
 

langzaiguy

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I have just received a positive response from Senator Thayer!

I am very pleased to have received a personally written letter from Thayer. He mentioned that though it sounded strange, he can only help to create laws and that his hands were tied.

Thayer mentioned that I should contact the AG and that if I have trouble getting a response from the AG, that that was something he could assist with (which is what excites me about his letter).

He mentioned that he is an NRA member and he is, "interested in knowing the answer to this observation myself."

He concludes by saying, "If you wouldn't mind following up with me to inform me of your findings, I would be much appreciative."

I'm pumped!
 

langzaiguy

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I received an email today from Senator Tori:

"Thank you for contacting me. The state is aware of the conflict and is working to resolve the problem.

Sincerely,
Senator Elizabeth Tori"

So far, so good....looking promising.
 

Bustelo5%

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Humm sounds like I may be moving to Kentucky with how close to the Grunts your Elected Officials do their duty in actually keeping the Constitution. I think this a educational reading for all students of America.
 

langzaiguy

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Here is a letter the I am about to send Representative Hoffman:

Representative Hoffman,



This email is in regards to my previous email and phone call concerning “Firearm Regulations”. As I hope you remembered reading, I have been trying to make sense of 400 KAR 2:090. You may remember the regulation’s contradiction to the Kentucky Constitution. In pursuing this matter, I have first contacted you and Senator Thayer in hopes of overturning this measure. When I did not hear from either of my legislators, I then contacted the co-chairs of the KAR, Senator Tori & Representative Combs.



Since then, I have received a personal letter from Sen. Thayer and personal emails from both Sen. Tori and Rep. Combs. Though I am very appreciative of advice & support from three out of the four legislators, I am dismayed that I have not heard from you—even after leaving a courteous, respectful message on your voicemail. I understand that people in these public positions are hard pressed for time and cannot respond to absolutely everyone. It’s just simply shocking that I’ve heard from everyone I’ve written except for you—two of the three legislators being from a completely different district than myself.



I began to forget about not receiving a response from you until I recently saw your picture on the front page of The Herald Leader. Upon reading the article, I was very disappointed to read that you are ranked among the top ten KY legislators who spent the most public money on traveling. I am annoyed to be footing the bill for what seems to be excessive travel. Normally I wouldn’t take issue with something like this, but to think that this large sum of money ($30,663) is being spent by a representative who does not respond to his constituents leaves me quite incensed.



Just what is it you are traveling around spending money on since it is apparent that you aren’t representing those you were elected to represent?


Edit: Thanks for the kind words, gutshot. I'm a man on a mission!
 

Liberty4Ever

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I spent a lot of time in The Gorge in previous years and I was well aware of the firearms regulations. I agree that this is an area where it appears that someone ignored our Kentucky Constitution (and our US Constitution too, from my perspective), and passed some unconstitutional laws.

I did a little digging a long time ago. I don't remember the details, but I may have asked a knowledgable park ranger or I may have inquired at the district office in Morehead. I do remember the answer, and it's as superdemon says. The rule apparently exists to help prevent poaching. They wanted to be able to catch someone with a gun and call it poaching. Otherwise, they'd pretty much need to catch them field dressing Bambi at the U-Pet-Em zoo. Basically, our rights are infringed for law enforcement expedience, although I doubt superdemon would agree with that sentiment.

I've always wondered if this was a case where anti-gun forces seized the poaching issue as a way to prevent us from carrying any firearms. They're often all too happy to throw the baby out with the bath water in such cases to prohibit all firearms, and they love to deliberately confuse hunting with the right to keep and bear arms because an unalienable right suddenly becomes a highly regulated leisure activity.

I'm very thankful that you're running this issue to ground. I've had similar experiences with the bureaucratic run-around. There doesn't even need to be an agenda. The bureaucracy is big and complicated for the bureaucrats, too. They usually don't know who to call, or who's in charge, and it's easier to do nothing. I'd recommend patience. Don't give up, don't get frustrated, but keep calling and emailing. If you feel you're being treated as a lone crank and it's easier for them to ignore you than answer your very reasonable question, let us know how we can help. I know people in the liberty community and many are also very well connected in the statewide gun rights community. If the politicians get 30 calls in a week, and 50 calls the next week, they'll realize they can't ignore the issue any longer.

Try to keep your communications short and ask a direct question that requires an answer. Asking how a particular KAR is constitutional (reference both the KAR and the Kentucky Constitution) is probably the best way to proceed, IMO.

Good luck.

It does seem that there are numerous people in government and lobbying government who want to take away our rights, but there are a lot of us who want to keep our rights. It's overwhelming because we can't all be experts on each issue, but if each of us makes one of these issues our own and champions that cause, and asks for help from all of us when needed after educating us on the researched specifics, we can be a very effective force to maintain our rights. Jefferson said that the cost of freedom is eternal vigilance. There was also a song on SouthPark that tells us that, Freedom isn't free. It costs about a buck-o-five." :)
 

langzaiguy

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Most, if not all of Red River Gorge is considered National Forest--which to my understanding, is fine to OC/CC. To my knowledge, it's only the nature preserves that completely ban firearms. It sounds as though, according to other posts, that KY significantly regulates carry while hunting.

My subsequent emails to the legislators have been short & inquisitive. My last letter to Hoffman was wordy because, well, I wanted to give him a piece of my mind :)

Thanks for your support! I'll let you know if I need any backup!
 
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