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-   -   Ky law on gun control? (http://www.firearmstalk.com/forums/f130/ky-law-gun-control-80073/)

kytowboater 01-02-2013 08:25 AM

65.870 Local Firearms Control Ordinances Prohibited.
(1) No existing or future city, county, urban-county government, charter county, consolidated local government, unified local government, special district, local or regional public or quasi-public agency, board, commission, department, public corporation, or any person acting under the authority of any of these
organizations may occupy any part of the field of regulation of the manufacture, sale, purchase, taxation, transfer, ownership, possession, carrying, storage, or transportation of firearms, ammunition, components of firearms, components of ammunition, firearms accessories, or combination thereof.
(2)

Any existing or future ordinance, executive order, administrative regulation, policy, procedure, rule, or any other form of executive or legislative action in violation of this section or the spirit thereof is hereby declared null, void, and unenforceable.
(3)

Any person or organization specified in subsection (1) of this section shall repeal, rescind, or amend to conform, any ordinance, administrative regulation, executive order, policy, procedure, rule, or other form of executive or legislative action in violation of this section or the spirit thereof within six (6) months after the effective date of this Act July 12, 2012.
(4)

Pursuant to Section 231 of the Constitution of Kentucky insofar as any person or organization specified in subsection (1) of this section is considered an agent of the Commonwealth, it is the intent of the General Assembly to exempt them from any immunity provided in Section 231 of the Constitution of Kentucky to the extent provided in this section.

A person or an organization whose membership is adversely affected by any ordinance, administrative regulation, executive order, policy, procedure, rule or any other form of executive or legislative action promulgated or caused to be enforced in violation of this section or the spirit thereof may file suit against any person or organization specified in subsection (1) of this section in any court of this state having jurisdiction over any defendant to the suit for declaratory and injunctive relief.

A court shall award the prevailing party in any such suit:
(a) Reasonable attorney's fees and costs in accordance with the laws of this state; and
(b) Expert witness fees and expenses.
(5) If any person or organization specified in subsection (1) of this section violates this section or the spirit thereof, the court shall declare the improper ordinance, administrative regulation, executive order, policy, procedure, rule, or other form of executive or legislative action specified in subsection (1) of this section null, void, and unenforceable, and issue a permanent injunction against the person or organization specified in subsection (1) of this section prohibiting the enforcement of such ordinance, administrative regulation, executive order, policy, procedure, rule, or any other form of executive or legislative action specified in subsection (1) of this section.
(6) A violation of this section by a public servant shall be a violation of either KRS 522.020 or 522.030 depending on the circumstances of the violation.

bluez 01-02-2013 08:30 AM

Those regs sadly only apply to KY laws.

BUT I think federal agents ryring to enforce certain uncostitutional bans may find themsleves arrested by state police forces at some point.

it may still be a couple years away, but its coming.

kytowboater 01-02-2013 08:30 AM

Some about emergency, no Katrina here...




237.104 Rights to Acquire, Carry, and Use Deadly Weapons Not to Be Impaired During Disaster or Emergency -- Seizure of Deadly Weapons During Disaster or Emergency Prohibited -- Application of Section.
(1) No person, unit of government, or governmental organization shall, during a period of disaster or emergency as specified in KRS Chapter 39A or at any other time, have the right to revoke, suspend, limit the use of, or otherwise impair the validity of the right of any person to purchase, transfer, loan, own, possess, carry, or use a firearm, firearm part, ammunition, ammunition component, or any deadly weapon or dangerous instrument.
(2) No person, unit of government, or governmental organization shall, during a period of disaster or emergency as specified in KRS Chapter 39A or at any other time, take, seize, confiscate, or impound a firearm, firearm part, ammunition, ammunition component, or any deadly weapon or dangerous instrument from any person.

sputnik1988 01-02-2013 10:00 AM

Maybe this could be a sticky here in the Kentucky forum?

bluez 01-02-2013 10:47 PM

I wonder if in some cases one could do a citizens arrest on ATF agents ( say suddenly they ar ein your courtyard and you have 11 barrels poinitng at them) and after the "lay down your weapons or I'll shoot" the state police can show up and take them away?

Sounds almost like science fiction now?


I can see it at least being attempted in this country (after coordinating with the SP via phone and THEN going for the citizens arrest) in my lifetime.

Chainfire 01-02-2013 11:11 PM

Quote:

Originally Posted by bluez (Post 1076853)
I wonder if in some cases one could do a citizens arrest on ATF agents ( say suddenly they ar ein your courtyard and you have 11 barrels poinitng at them) and after the "lay down your weapons or I'll shoot" the state police can show up and take them away?

Sounds almost like science fiction now?


I can see it at least being attempted in this country (after coordinating with the SP via phone and THEN going for the citizens arrest) in my lifetime.

If you ever decide to do a citizens arrest on an ATF agent, let us know here first, I would love to do the video.

Yunus 01-03-2013 12:03 AM

Quote:

Originally Posted by bluez (Post 1076853)
I wonder if in some cases one could do a citizens arrest on ATF agents ( say suddenly they ar ein your courtyard and you have 11 barrels poinitng at them) and after the "lay down your weapons or I'll shoot" the state police can show up and take them away?

Sounds almost like science fiction now?


I can see it at least being attempted in this country (after coordinating with the SP via phone and THEN going for the citizens arrest) in my lifetime.

I'm trying to imagine any law enforcement agency giving a citizen the green light to perform an armed citizens arrest on an armed federal agent when there is not imminent and immediate threat to life. Even with an immediate threat to life I still don't imagine officials giving civilians the go ahead.

9mmb4911 02-25-2013 05:02 PM

Isn't citizens arrest a thing of the past? I think it is not recognized today.

25-5 02-25-2013 05:38 PM

A threat to life? There will be no arrest! No approval required.

bluez 02-25-2013 08:54 PM

The USA has used the principle of "universal jusrisdiction" on otehr countrys for certain crimes. I would like to see a sate with KY laws use a similair pricinple and arrest ATF agents for activity that is criminal in KY when they cross the state lines.

I know most of you think this is scince fiction but as the country becomes more polarized it is IMO in evitable that eventually whetehr in 2 years or in 20 years something like this will happen.


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