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Constitutional Carry Bill Filed in Ky. Senate

gutshot II

Regular Member
Joined
Jul 1, 2017
Messages
572
Location
Central Ky.
At this point there are three outcomes possible, the Gov. can sign the bill and the bill becomes law near the end of June, he can veto the bill and it goes back to the General Assembly for an override vote or he can do nothing and the bill still becomes law at the end of June. This bill will be signed.
 

poetdante

Regular Member
Joined
Jan 30, 2014
Messages
438
Location
Louisville, KY
So, my Ohio conceal carry license is worthless in KY?
You dont think you would need your Ohio license in Kentucky, now, if you would otherwise satisfy the requirements for having a KY permit (ie over 21, not a prohibited person, etc.)


Question: if the new law essentially encorporates the requirements of KRS 237.110, which includes being a KY resident requirement?
 

eye95

Well-known member
Joined
Jan 6, 2010
Messages
13,539
Location
Fairborn, Ohio, USA
I don’t know if an OH license would be of any use in Kentucky in some obscure circumstance. But, even if there isn’t one single circumstance for which the license would prove useful, isn’t that a GOOD thing???
 

OC for ME

Regular Member
Joined
Jan 6, 2010
Messages
11,896
Location
White Oak Plantation
Permits are unconstitutional, but the current reality. If having a permit mitigates just one LEO encounter in my lifetime the permit is worth its weight in the likely legal fees that would ensue if I had not had the permit.
 

poetdante

Regular Member
Joined
Jan 30, 2014
Messages
438
Location
Louisville, KY
Permits are unconstitutional, but the current reality. If having a permit mitigates just one LEO encounter in my lifetime the permit is worth its weight in the likely legal fees that would ensue if I had not had the permit.
Licensing concealed carry is constitutional under the KY constitution. I think that conflicts with the plain language and historical support of the 2nd Amendment’s existence
 

color of law

Accomplished Advocate
Joined
Oct 7, 2007
Messages
4,603
Location
Cincinnati, Ohio, USA
Licensing concealed carry is constitutional under the KY constitution. I think that conflicts with the plain language and historical support of the 2nd Amendment’s existence
KY constitution:
The right to bear arms in defense of themselves and of the State, subject to the power of the General Assembly to enact laws to prevent persons from carrying concealed weapons.
Syllabus of Heller:
2. Like most rights, the Second Amendment right is not unlimited.It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose: For example, concealed weapons prohibitions have been upheld under the Amendment or state analogues. The Court’s opinion should not be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms. Miller’s holding that the sorts of weapons protected are those “in common use at the time” finds support in the historical tradition of prohibiting the carrying of dangerous and unusual weapons.
Would you like to rethink your position?
 

eye95

Well-known member
Joined
Jan 6, 2010
Messages
13,539
Location
Fairborn, Ohio, USA
Why I prefer the term “anticonstitutional”: When expressing an opinion that something is “unconstitutional”, we are often reminded that the SCOTUS has ruled it to be not unconstitutional.

IMO, licensing carry is anticonstitutional.
 

poetdante

Regular Member
Joined
Jan 30, 2014
Messages
438
Location
Louisville, KY
Why I prefer the term “anticonstitutional”: When expressing an opinion that something is “unconstitutional”, we are often reminded that the SCOTUS has ruled it to be not unconstitutional.

IMO, licensing carry is anticonstitutional.
Agreed
 

Ghost1958

Regular Member
Joined
Nov 5, 2015
Messages
697
Location
Kentucky
The KY constitution does violate the 2A when it empowers the legislature to prevent concealed carry.

The Legislature took that a step further and violated both the 2A and the KY constitution by creating a permit scheme they were not authorized to create.

The KY constitution empowered them to "create laws to PREVENT the carry of concealed weapons ". That was and is it.
They were empowered to either prevent or allow it. Period.

Nowhere were they empowered to create a permit scheme to regulate conceal carry.

Its great we are moving to eliminate it, but as long as ccdw permits exist in KY the KY government is still violating both the 2A and KY constitution.

What SCOTUS states concerning the RTKABA and 2A is constitutionally void as they were purposefully denied the power of judicial review by the founders only to grant it to themselves in Marbury vs Madison . A power SCOTUS was not granted in the COTUS, illegally grabbed by SCOTUS for SCOTUS.
 

OC for ME

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Messages
11,896
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White Oak Plantation
A permit scheme is a prior restraint and thus a regulatory mechanism to encourage citizens to not carry concealed without a defense to the crime of CC. Getting stuck on the word "prevent" is like getting stuck on that comma in the 2A.
 

Ghost1958

Regular Member
Joined
Nov 5, 2015
Messages
697
Location
Kentucky
A permit scheme is a prior restraint and thus a regulatory mechanism to encourage citizens to not carry concealed without a defense to the crime of CC. Getting stuck on the word "prevent" is like getting stuck on that comma in the 2A.
Respectfully disagree. The comma means nothing but a pause.

The word prevent means deny or stop.
It says what it says very clearly.
Prevent. Not establish laws to allow and regulate.
Either or. Black and white. Allow or deny it. End of authority

Adding unwritten things to the 2a is what got us in the mess we are.

Adding things to the KY constitution that it does not contain allowed a unconstitutional permit scheme to be established along with the book of stupid regulations the state used that permit scheme as an excuse to create.
Regulations that would not and could not exist in this state without that permit scheme being enacted.
Relations that STILL do not apply to oc. And never will without amending the KY constitution.
 

OC for ME

Regular Member
Joined
Jan 6, 2010
Messages
11,896
Location
White Oak Plantation
No worries.

The word "prevent" indicates, as the word is used in the KY constitution, that the state must take an action to "prevent" you from CCing. Obviously they cannot prevent you from CCing unless you comply with a prior restraint (a law) and "voluntarily" apply for and be issued a permit, or not CC.

Or, they could enact a law, go house to house, confiscate all guns, thus preventing you from CCing.

So, how does a law in KY, or any other of the several states, prevent a citizen from CCing.
 

Ghost1958

Regular Member
Joined
Nov 5, 2015
Messages
697
Location
Kentucky
No worries.

The word "prevent" indicates, as the word is used in the KY constitution, that the state must take an action to "prevent" you from CCing. Obviously they cannot prevent you from CCing unless you comply with a prior restraint (a law) and "voluntarily" apply for and be issued a permit, or not CC.

Or, they could enact a law, go house to house, confiscate all guns, thus preventing you from CCing.

So, how does a law in KY, or any other of the several states, prevent a citizen from CCing.
Beg to differ if I understand u correctly.

KY passed a law barring CC. they cannot touch OC here.

That law said not legal to conceal.

Or they could simply have passed nothing and cc would have been legal with no permit.

What the KY constitution did not grant them was the authority to create a permit scam and regulate cc.

They per the KY constitution could only deny or do nothing which would have allowed cc by default.

At any rate the permit scam dreamed up by a handful full of citizens saying they spoke for gun owners and politicians dreamed up CCDW and passed it mid nineties, violating both the 2A and KY constitution.
 
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