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During State of Emergency

Undertaker

Regular Member
Joined
Feb 4, 2009
Messages
146
Location
The Wood, Kentucky, USA
imported post

Just read the Sept. Freedom First issue and was wondering, does the Commonwealth of Kentucky have the right to seize firearms during a declared State of Emergency? Only 28 states are exempt from this action.
 

Statesman

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

Undertaker wrote:
Just read the Sept. Freedom First issue and was wondering, does the Commonwealth of Kentucky have the right to seize firearms during a declared State of Emergency? Only 28 states are exempt from this action.
Here is what you are looking for:

http://www.lrc.ky.gov/KRS/237-00/104.PDF

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.
(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.
Effective: July 12, 2006
History: Created 2006 Ky. Acts ch. 240, sec. 7, effective July 12, 2006.
 
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