|On Friday, February 15, State Representative Robert Goforth will be holding a press conference in the Rotunda of the Capitol building in Frankfort. At this press conference, Rep. Goforth will read a request for an opinion that he intends to hand carry down the hall to the Office of Attorney General after the conference. Rep. Goforth has sponsored House Bill 30 in this years session of the Ky. General Assembly. That bill can be seen here:|
Anyone that wants to read the entire bill can go the 3rd line on that link titled "Bill Documents" and click on "Introduced". That will bring up the actual language of the bill. Be advised it is 33 pages.
The request for opinion will ask the Attorney General to explain what authority the state has, in light of the wording of the Ky. state constitution and previous AG's opinions, to restrict the carrying of firearms by law-abiding citizens, including on school property for CCDW licensees, in any location other than detention facilities and federal property.
The Attorney General, Andy Beshear, has filed to run for Governor of the state in the next election. I will be interested to hear General Beshear's explanation of how some of our state laws conform to the state constitution. All Ky. gun owners that are interested in protecting our rights and any Ky. citizen interested in returning to a constitutionally functioning government should be in attendance to stand with Rep. Goforth.
Here is a draft of what Representative Goforth's request for opinion will look like:
Kentucky Attorney General
700 Capitol Avenue, Suite 118
Frankfort, KY 40601
15 February 2019
The tortured reasoning of OAG 96-40 has not improved with time; the increasing recognition some civil rights aren’t more equal than other rights based upon mere superstitions or prejudices; and the following facts (as alluded to but not affirmed in OAG 18-03) which demand reconciliation with plain English.
Bill of Rights Section 1, Article 7 of the Kentucky State Constitution clearly mandates:
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.
The Kentucky General Assembly has no constitutional authority for banning the open carry of firearms by law abiding citizens anywhere in the Commonwealth, as for example on school property contained in KRS 527.070(1):
A person is guilty of unlawful possession of a weapon on school property when he knowingly deposits, possesses, or carries, whether openly or concealed,...
The Federal Gun-Free School Zones Act (18 U.S. C. 922(q)(2)(B)), does not apply to the possession of a firearm on school property:
(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;
In a constitutional republic, the state legislature has no authority to birth powers for another public entity which usurp the rights reserved solely to the People by the Constitution; therefore the power conferred in KRS 237.115(1) to public colleges, universities, or any postsecondary education facilities infringing upon the open carry of firearms by law abiding citizens is unconstitutional:
Except as provided in KRS 527.020, nothing contained in KRS 237.110 shall be construed to limit, restrict, or prohibit in any manner the right of a college, university, or any postsecondary education facility, including technical schools and community colleges, to control the possession of deadly weapons on any property owned or controlled by them...
No subordinate government entity (i.e., local governments, offices of public school superintendents, boards of education, site-based councils, university boards of regents, etc.) may supercede the state legislature’s limited authority concerning only the concealed carry of firearms; or face legal and civil repercussions per KRS 65.870. KRS 65.870(7) shares the same fatal flaw as KRS 237.115(1).
KRS 527.070(1) and KRS 237.115(1) are in clear violation of Bill of Rights Section 1, Article 1 of the Kentucky State Constitution by denying law abiding citizens:
The right of enjoying and defending their lives and liberties.
Therefore, I request an Official Opinion of the Attorney General upon the following assertion:
"It would be unconstitutional to arrest or otherwise impede an individual with a valid Kentucky CCDW Permit exercising their right to publicly carry a firearm openly anywhere in the Commonwealth of Kentucky; the sole exception being federally prohibited property.”
Rep. Robert Goforth
KY House Dist. 89
702 Capitol Ave
Annex Room 358B
Frankfort, KY 40601