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Thread: Researching my local law and what do I find?

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    Regular Member CharleyCherokee's Avatar
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    Angry Researching my local law and what do I find?

    You might have guessed from the title that I found some laws prohibiting firearms in public parks. While there is no direct punishment for this behavior they can suspend your privilege to use any of the public parks for up to a year. The punishment for then going onto said properties is a fine up to $500 and 90 days in jail. I'm looking through the state statutes where it mentions localities can make laws forbidding firearms, but that there can be no penalty attached. If I'm recalling correctly this is for public buildings only. Can anyone give me an idea of which statute it is I'm thinking of? That concealed license statute has quite a bit of law written into it. :P I'm also going to get some information together and try and get infront of the city council to get rid of the laws all together as even if it is legal (which I strongly doubt) it is a despicable way to get around our great commonwealth's preemption law.

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    Regular Member CharleyCherokee's Avatar
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    I found the statute I was looking for (237.115) and it in fact specifies only buildings. So I'm coming to realize that I have no idea about how to bring this up or even get myself heard. I suppose I can stop by the City Hall to try and figure it out. Maybe some of you more familiar with this type of thing have some advice?

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    Great job researching! A few, including myself, have fought this battle before with the parks. In Georgetown, there were no illegal ordinances, just illegal signs. Because of which, my confrontations started and ended in the parks department. In your case, you'll have to find out who the tyrants are who passed the illegal ordinance--either the mayor and the city council or the county judge executive and the county magistrates. I've personally found my local officials to be very accessible. However, in one case, our sheriff was particular hard-headed about an illegal sign, and I took the issue to the county attorney who recognized it for what it really was--a legal liability.

    If your officials aren't open to changing the law, then I'd take the matter to the city or county attorney.

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    Regular Member CharleyCherokee's Avatar
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    Yes, I read that it was only concerning concealed weapons as well. Which will give me something else to take on while I'm there I suppose, as they BAN weapons from the courthouse all together. The last time I went in there they confiscated my pocket knife until I finished my business. I can only imagine what would happen if I carried openly into the courthouse.

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    Regular Member CharleyCherokee's Avatar
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    I looked up the AGO you mentioned earlier about the parks and had already favorited the site you link. I'm sure it will be very helpful in times to come. I will look into the other opinions you've mentioned as well. It will be a bit difficult to research the AGO's as they have no title other than the opinion number making it time consuming to open each and every one to get an idea of what they're about. The city is Paducah in McCracken county. The county clerk's office is there as well as the county attorney and other offices I can't recall right off hand. I don't see how they can take my pocket knife from me, though, especially since I see no ordinances about knives or firearms in their buildings whatsoever.
    Last edited by CharleyCherokee; 04-16-2011 at 04:49 PM. Reason: added comment about knife.

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    Regular Member CharleyCherokee's Avatar
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    Mostly you are correct about the AGO's the AGO dealing with courthouse bans is 97-09.
    The McCracken county website only makes mention of Paducah, and I spent a good while looking on it trying to find ordinances and such. I think it would be too naive of me to just assume there aren't any. :P So I'll have a look at the law library and see what I can find. My wife has been teasing me lately saying that I spend more time reading the law lately than lawyers.

    A bit off topic, I bought my first firearm today! It's a high point 40 cal. I read some good things about them, however, I also read some bad things about them. I love the look of it, and for the price and considering my financial situation it was the happiest purchase I made in a long while.

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