The Pulse of KC3: Second Amendment still part of the Constitution...

Monday, June 28, 2010

Second Amendment still part of the Constitution...

Supreme Court reverses and remands McDonald v. Chicago. In 5-4 decision says the 14th Amendment does incorporate the Second Amendment right recognized in Heller to keep and bear arms in self-defense. Accordingly, the Second Amendment applies to state and local government. We'll post a link to the decision later today.

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Kentucky Gun Laws

Kentucky Constitution
[Constitution by Section Title]

BILL OF RIGHTS

· SECTION 1 - See the 1st, 3rd, 5th and 7th articles

· SECTION 2 - Absolute and arbitrary powers denied

THE KY MILITIA

· SECTION 219 - Make-up of the militia (very likely YOU!)

· SECTION 220 - Gen. Assy. to provide for "organized" militia

GENERAL PROVISIONS

· SECTION 225 - Armed men not to be brought into State

· SECTION 239 - Duels and public office do NOT mix

Kentucky Revised Statutes (KRS) Relating to Firearms Possession
[KRS by Chapter Title]

KRS 36.450 ARMED FORCES AUTOMATIC EXTENSION

Special consideration for our service personnel deployed outside the U.S. They get the renewal date extended 90 days from their date of return for most ANY license they hold, including a CCDWL.

KRS 65.870 - LOCAL FIREARMS CONTROL PROHIBITED

We call this statute our "Preemption law". With very limited exceptions regarding CCDW, KY firearms laws are the same statewide. Note KRS 237.115 for one exception.

CHAPTER 237 - FIREARMS AND DESTRUCTIVE DEVICES
This entire chapter is devoted to firearms and other destructive devices, you may want to pay special attention to the following sections:

· 237.020 Purchasing firearms in contiguous states

· 237.060 Definitions

· 237.070 Prohibition against sale or transfer of firearm to convicted felon.

· 237.104 Rights to acquire, carry, and use deadly weapons not to be impaired during disaster or emergency

· 237.106 Right of employees and other persons to possess firearms in vehicle -- Employer liable for denying right

· 237.110 CCDW licensing

· 237.115 Local government CCDW regulation

· 237.120 thru .136 License training including penalties

· KRS 244.125 - "LOADED" FIREARMS IN BARS PROHIBITED
The definition of "loaded" can be found at KRS 237.060.

KRS 437.030 - DUELS, ACCEPT OR DELIVER CHALLENGE

This includes anyone who acts as a second and those who carry or deliver the challenge.

KRS 500.080 - DEFINITIONS FOR STATUTORY TERMS

Here you will find the meanings of specific terms found throughout the other statues including "deadly weapon", "possession", "physical injury" and "serious physical injury".

CHAPTER 527 - FIREARMS AND WEAPONS OFFENSES

This chapter deals mostly with victimless crimes involving firearms. They have, for the most part, been enacted to prevent what one might do with a firearm in his possession rather than any actual perpetration of otherwise criminal activity. You should pay close attention to the wording in the chapter, some crimes described seem rather vague and open to very loose interpretation. The entire chapter is relevant but you should be especially wary of the crimes described in the following sections:

· 527.010 Definitions for the chapter

· 527.020 Carrying concealed a deadly weapon

· 527.030 Defacing a firearm (note use of "cover" in definition)

· 527.050 Possessing a defaced firearm

· 527.070 Possession on school property - FELONY!

· 527.110 Providing handgun to a juvenile - FELONY!

Kentucky Revised Statutes Specific to Self-Defense
[KRS by Chapter Title]

CHAPTER 503 - PRINCIPLES OF JUSTIFICATION

This chapter is devoted to the definitions of justifiable force and deadly force. Anyone who carries a weapon for self-defense would benefit from a detailed study of this chapter, paying close attention to the differences between the following sections:

· 503.010 Definitions for chapter

· 503.050 Using force to protect self

· 503.070 Using force to protect another

· 503.080 Using force to protect property

· 503.100 Using force to prevent suicide or crime