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The Lexington Mayor's ILLEGAL Metal Detector

Liberty4Ever

Regular Member
Joined
Oct 8, 2006
Messages
350
Location
Lexington, Kentucky, USA
Here is the video of me speaking to the Lexington Fayette Urban County Government council back in January:

http://youtu.be/oyYEQQXbu1g
(Three minute video)

Here is the video of me testifying before the Kentucky Senate Judiciary Committee, which was just a formality. They were already going to pass the bill.

http://youtu.be/k7lg6OvPyIc
(One minute video)

The Kentucky Legislature passed HB 500, and the governor signed it into law on April 11th, 2012.

http://www.lrc.ky.gov/record/12RS/hb500.htm

HB 500 adds penalties to KRS 65.870. Any elected official or unelected government employee violating KRS 65.870 is now guilty of official misconduct, with penalties up $500 and a year in jail. Anyone found guilty of violating KRS 65.870 will also be required to pay the attorney fees and expert witness fees of the plaintiff. These are personal penalties. Those guilty of official misconduct are not eligible to have the penalties paid by our tax dollars. Official misconduct is not a function of government, although it certainly looks that way far too often.

I spoke to the Lexington Fayette Urban County Government council again last night (Thursday, April 12th, 2012) concerning the metal detector in front of the mayor's suite of offices. They use this metal detector to illegally deprive Kentuckians of our right to bear arms.

http://youtu.be/AApGd5LQkWY
(Three minute video)

As before, there was no discussion afterward. Just a perfunctory thank you and goodbye. Some of the city council looked worried this time, though. Official misconduct doesn't look good on your resume. The mayor looked very unhappy that I was pursuing this issue, and they can't do anything they like in "their city".

For you and me, ignorance of the thousands of laws is no excuse, but I don't see how the mayor or city council could plead ignorance after I went out of my way to educate them about the law, on two separate occasions, including passing out copies of the law to all of them, and spoon feeding it to them. At this point, I'd think that depriving citizens of our rights by using the metal detector to disarm those openly carrying a firearm is a deliberate, willful, and premeditated illegal act. Hopefully, they'll do the right thing and the LEGAL thing, and take down the illegal metal detector.

Thanks to gutshot for attending a very long and very boring council meeting tonight, so someone would have my back. I owe you one, pal. :)
 

09jisaac

Regular Member
Joined
Apr 13, 2011
Messages
1,693
Location
Louisa, Kentucky
Metal detectors do not violate state laws. I don't read anything in 65.870 to say that metal detectors are illegal. Local governments can legally control concealed carry in their buildings. It would be pointless to have a metal detector to find openly carried firearms. Also, 65.870 makes no mention of other deadly weapons that would be metal that local governments can control all they want.

I would be behind you 100% if you were pushing for laws making the right for self defense carry all over the state.
I would be behind you 100% if this could only be used for illegal acts of our government
I would be behind you 100% if they were using this to do illegal acts

But as it is I see nothing illegal about having metal detectors to search for weapons, what they do with that information is another thing all together.
 

Liberty4Ever

Regular Member
Joined
Oct 8, 2006
Messages
350
Location
Lexington, Kentucky, USA
The metal detector isn't illegal. What they're doing with the metal detector is illegal. The metal detector is the very visible symbol of the illegal acts, and that is why I focus on it.

The LFUCG city building has the required signage prohibiting concealed carry, but the signs are at the bottom of the entrance doors. Who looks down there? Nobody. They're in legal compliance with the requirements of KRS 237.115, without putting a gun sign up where it's a constant reminder to people who enter that there are armed citizens. These are the people who believe that police should be armed to do their bidding, but mere citizens should be disarmed. Open carry is a huge affront to their fundamental beliefs, and this is a great indication of how they think and what they believe.

Note that concealed deadly weapons are not allowed in the building, but the metal detectors are not at the entrance to the building. They're at the entrance to the mayor's offices. If they were enforcing their no concealed weapons policy in the building, they'd run all visitors to the building through the metal detector. They don't. The metal detector is only for visitors to the mayor's offices. Of course, the metal detector isn't for all visitors to the mayor's offices. It's only for certain visitors. The policy is enforced arbitrarily, and that is an invitation to abuse and injustice. Apparently, we are all equal, but some of us are more equal than others. To put this in terms that may be easier to understand, how would you feel if the metal detector was employed or not based on race? Ironically, the new mayor moved his offices from the penthouse to the glassed in mezzanine as a symbol of openness, and then installed the metal detector. The message is clear. You are welcome, but your firearm is not.

They posted the signs prohibiting concealed carry, but they are regulating concealed carry and open carry. I spoke to the mayor about this by phone, over a year ago. He didn't even pretend that they were allowing open carry. It was just the same old anti-gun platitudes. It's for public safety. It's to make people feel safer. Some of the people in my office are not comfortable around guns. I just got back from Atlanta and they're much more security minded than we are. Etc.

In 2009, I used 65.870 to have the city remove the no guns in the city parks rule.

In 2010, I used 65.870 to have the city remove the no guns in the city library rule. They resisted, but gave in to the law.

In 2011, they are not giving in to 65.870 on the mayor's office disarmament policy. We passed HB 500 to strengthen 65.870 and add penalties, and they're still not backing down. The city refuses to obey the state law. Unfortunately, it appears that somebody will need to file a lawsuit to force the LFUCG to comply with the state law.

My goal in talking to the LFUCG council on these two occasions was twofold. First, I wanted to bring the matter to their attention so they could correct the problem. I thought the mayor may be intransigent on this issue but the council would realize that the local government must obey the state law. Nope. That sadly brings me to my second goal. In the event that the council understands that the local government is breaking the law and they don't take action to comply with the law, they become culpable. I've gone out of my way to clearly inform the local government of the illegal behavior and provide methods to comply with the law. I wasn't asking for anything extraordinary. All I asked was for them to obey the law. At this point, they are knowingly and willfully violating state law, and that fact has been well documented, as a prelude to a legal challenge. I don't think they have much of a case. Of course, this is Leftington. They could seat an anti-gun jury who will gladly ignore individual rights, ignore the Kentucky Constitution, ignore the state law... and side with the city because they believe everyone is safer if only the police have guns... and the criminals who don't obey city ordinances, of course.
 

KYGlockster

Activist Member
Joined
Dec 9, 2010
Messages
1,842
Location
Ashland, KY
This whole issue is ridiculous. I do not understand why they insist on violationg the law, but would throw us in jail every single time we violated some ordinance or law that allowed arrest. The County Attorney in Lawrence County stated that the only reason they did not have metal detectors going into their COUNTY courthouse was because they could not afford them. I did not want to even get started on another possible violation if they done so, so I simply stayed silent. I am almost certain they have them at the entrance of the annex though, where they can be. This guy is something else!
 
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