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No weapons ban for Klan rally
Josey1
Member Posts: 9,598 ✭✭
No weapons ban for Klan rally
County attorney says such an ordinance would violate state law; event set for Aug. 31
By Jim Gaines, jgaines@bgdailynews.com -- 270-783-3242/i>
There won't be any weapons ban on county property during the Ku Klux Klan rally Aug. 31.
Warren County Fiscal Court approved a first reading of the ban on Aug. 9. It was scheduled for final approval at the Aug. 23 meeting, and would have banned "weapons, of any kind, whatsoever" on county property - most significantly, on the Warren County Courthouse grounds, where the rally is to be held - only for Aug. 31.
But several days ago Warren County Attorney Mike Caudill asked that the ordinance be withdrawn.
"We do not have that on next week's agenda for a second reading," Warren County Judge-Executive Mike Buchanon said. "After further conversations with the county attorney's office and local law enforcement, they assured us that they could handle public safety issues in other ways, and that it was unnecessary for us to do that."
Another reason for its hasty removal is a potential conflict with state law. Kentucky Revised Statute 65.870 prohibits local governments from regulating firearms.
Magistrate Terry Stahl received a letter Thursday from the Kentucky Firearms Foundation noting the conflict with state law, he said. The letter commends the court for trying to prevent violence, but says a weapons ban is the wrong way to do so, Stahl said.
A group of local law enforcement officials meets prior to every occasion on which they expect a sensitive situation, Caudill said. That group recommended the weapons ban and Assistant County Attorney Amy Milliken drew it up.
Caudill was out of town when the ordinance was placed on the court's agenda and didn't have a chance to check it out, he said.
When he got back and read it, he said he realized that it conflicted with state statutes and pulled it from the court's Aug. 23 agenda.
"It did not pass muster. That's not uncommon," Caudill said. "Oftentimes they'll let things go to a first reading, knowing I'm going to look at it before the second."
Caudill had not had a chance to tell magistrates he had withdrawn the ordinance because he's in Lexington at a prosecutor's conference, he said Thursday.
Instead of banning weapons, the Warren County Sheriff's Office, Bowling Green Police Department, and Kentucky State Police plan to beef up their presence at the rally, Magistrate "Doc" Kaelin said.
"We've been assured by all law enforcement agencies that they will be able to handle any public safety issues," he said.
TEXT OF REFERENCED STATUTE:
65.870 Local firearms control ordinances prohibited.
No city, county or urban-county government may occupy any part of the field of regulation of the transfer, ownership, possession, carrying or transportation of firearms, ammunition, or components of firearms or combination thereof.
Effective: July 13, 1984
History: Created 1984 Ky. Acts ch. 42, sec. 1, effective July 13, 1984.
http://www.bgdailynews.com/cgi-bin/view.cgi?/200208/16+weapons20020816_news.html+20020816+news
"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878
County attorney says such an ordinance would violate state law; event set for Aug. 31
By Jim Gaines, jgaines@bgdailynews.com -- 270-783-3242/i>
There won't be any weapons ban on county property during the Ku Klux Klan rally Aug. 31.
Warren County Fiscal Court approved a first reading of the ban on Aug. 9. It was scheduled for final approval at the Aug. 23 meeting, and would have banned "weapons, of any kind, whatsoever" on county property - most significantly, on the Warren County Courthouse grounds, where the rally is to be held - only for Aug. 31.
But several days ago Warren County Attorney Mike Caudill asked that the ordinance be withdrawn.
"We do not have that on next week's agenda for a second reading," Warren County Judge-Executive Mike Buchanon said. "After further conversations with the county attorney's office and local law enforcement, they assured us that they could handle public safety issues in other ways, and that it was unnecessary for us to do that."
Another reason for its hasty removal is a potential conflict with state law. Kentucky Revised Statute 65.870 prohibits local governments from regulating firearms.
Magistrate Terry Stahl received a letter Thursday from the Kentucky Firearms Foundation noting the conflict with state law, he said. The letter commends the court for trying to prevent violence, but says a weapons ban is the wrong way to do so, Stahl said.
A group of local law enforcement officials meets prior to every occasion on which they expect a sensitive situation, Caudill said. That group recommended the weapons ban and Assistant County Attorney Amy Milliken drew it up.
Caudill was out of town when the ordinance was placed on the court's agenda and didn't have a chance to check it out, he said.
When he got back and read it, he said he realized that it conflicted with state statutes and pulled it from the court's Aug. 23 agenda.
"It did not pass muster. That's not uncommon," Caudill said. "Oftentimes they'll let things go to a first reading, knowing I'm going to look at it before the second."
Caudill had not had a chance to tell magistrates he had withdrawn the ordinance because he's in Lexington at a prosecutor's conference, he said Thursday.
Instead of banning weapons, the Warren County Sheriff's Office, Bowling Green Police Department, and Kentucky State Police plan to beef up their presence at the rally, Magistrate "Doc" Kaelin said.
"We've been assured by all law enforcement agencies that they will be able to handle any public safety issues," he said.
TEXT OF REFERENCED STATUTE:
65.870 Local firearms control ordinances prohibited.
No city, county or urban-county government may occupy any part of the field of regulation of the transfer, ownership, possession, carrying or transportation of firearms, ammunition, or components of firearms or combination thereof.
Effective: July 13, 1984
History: Created 1984 Ky. Acts ch. 42, sec. 1, effective July 13, 1984.
http://www.bgdailynews.com/cgi-bin/view.cgi?/200208/16+weapons20020816_news.html+20020816+news
"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878
Comments
- Life NRA Member
"If cowardly & dishonorable men shoot unarmed men with army guns, the evil must be prevented by the penitentiary...and not by general deprivation of constitutional privilege." - Arkansas Supreme Court, 1878
and a cross made of 2 wooden "burning" M14.....or M16, once on the grownds of the WHITE HOUSE 7 black divas jump out of the KKK hoods and sing the english version of Julio Iglesias song "Pavo Real"...
JD
400 million cows can't be wrong ( EAT GRASS !!! )