Kentucky Coalition to Carry Concealed

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Summary of KC3 Positions on Legislation Currently Under Consideration by the Kentucky State Legislature

 

Please take a few moments to look over the following information regarding legislation that is currently before the Kentucky General Assembly.  We hope you will agree with our assessment of these bills and invest a little time to help us convince our representatives in government to do the right thing.  We simply can’t further or even retain the right to self-defense without your involvement in the process.  Please find your Member of the Senate or House at the Kentucky Legislature's "Who's Who" page or on our Legislative Contact Information page and don’t let them forget the value of this inherent right and our willingness to protect it.
 

The following toll free numbers are also available for use from inside Kentucky:

Legislative Message Line

Calendar (Meetings) Line

TTY Message Line

Bill Status Line

  1-800-372-7181

  1-800-633-9650

  1-800-896-0305

  1-866-887-9016

 

You can also send a letter to your legislator by mail by placing the lawmaker's name on it and sending it to:

Legislative Offices

701 Capital Ave.

Frankfort, KY 40601

 

CHECK THIS PAGE OFTEN

 

THIS INFORMATION

IS UPDATED ALMOST DAILY!

 

 


 

 

OPPOSE

 

 

HB 65 AN ACT relating to firearms and ammunition therefor.

Sponsor: Representative Reginald Meeks

Pre-Filed 12/10/04

Jan 4 - introduced in House

Jan 6 - to Judiciary (H)

Passage of this bill would "create a new section of KRS Chapter 237 to permit a private gun buy-back program to be conducted in cooperation with a law enforcement agency, specify terms and conditions; amend KRS 237.025, relating to gun buy-back programs, to conform."

 

KC3 is absolutely opposed to law enforcement (or any governmental agency) involvement in any type of gun "buy-back" scheme other than to act upon a complaint that the laws regulating the sale, transfer and possession of firearms, or the possession of stolen property have been violated. It is simply NOT the place of government to promote the idea of disarmament on any scale whatsoever, especially by those who stand most to benefit from being armed. If an individual wishes to cast off a firearm, for whatever reason, he can sell it to any number of licensed firearm dealers or individuals he trusts to be law-abiding. In addition, if he wishes to forgo compensation for its value he can turn it over to any police agency.

 

As it stands, there is nothing currently in the statutes that would preclude a private organization from asking a law enforcement agency to supervise a buy-back in order to determine the legality of the pending sale or lawfulness of the current possession of the firearm. There is simply NO reason to legislate any government involvement in the transaction as it would place further liability upon the taxpayer with no gain whatsoever.

 

 


 

 

SUPPORT

 

 

SB 151 (BR 227) - AN ACT relating to carrying concealed deadly weapons.

Sponsor:  R. Roeding

Feb 7 - introduced in Senate

Feb 10 - to Judiciary (S)

This bill seeks to amend KRS 237.110, which regulates concealed deadly weapon licenses, to reduce the residency requirement to obtain a license from 6 months to 30 days.  KC3 proposed this bill to Senator Roeding in an effort to correct a paradox arising out of the residency provisions in the current law.  We wish to thank him for introducing this much needed legislation.

 

As it stands, KY rightfully recognizes all VALID state issued CCDW licenses.  Unfortunately, many states, KY included, invalidate a license immediately upon the licensee moving outside the state's borders.  This has the effect of penalizing people when they move to the Commonwealth, their current license, good in KY just the day before they got here, is suddenly useless and they cannot apply for a KY license for six months.

 

We WANT people to move here don't we?  Simply put, if they were decent lawful people as Tennesseans, why does becoming a Kentuckian instantaneously make them disreputable?
 

KC3 isn't after non-resident licensing but we would prefer the shortest period possible to prove KY residency.  Thirty days seems a fair compromise as that allows for the billing cycle to begin on rental agreements, mortgages and most utility payments.

 

Please join us in welcoming the people who have discovered what a fine state we have and have taken the steps to come here and enjoy it.  Please contact your Representative and Senator and ask them to support SB 151 as it was introduced.

 

 


 

 

SUPPORT

 

 

SB 149 (BR 228) - AN ACT relating to carrying concealed deadly weapons.

Sponsor:  R. Roeding

Feb 7 - introduced in Senate

Feb 10 - to Judiciary (S)

This is another bill that Senator Roeding graciously introduced to the Senate at the request of KC3.  If passed, this legislation will amend KRS 244.125, which relates to the carrying of loaded weapons in places where alcohol is sold.  Currently it is illegal to possess a loaded firearm "while actually within the room where alcoholic beverages are being sold by the drink of a building on premises licensed to sell distilled spirits".  A exception is provided that distinguishes between a "bar" and a "restaurant".  As long as it seats fifty people and at least fifty percent of the gross income is from food, then it is a restaurant and the prohibition is not applied.

 

KC3 feels that the fifty person provision is simply an arbitrarily applied restriction on the right to bear arms.  We had hoped to eliminate the restaurant seating requirement entirely but to reduce it from 50 to 25 seats is a step in the right direction.  Please contact your Representative or Senator and ask them to support this effort.

 

 


 

 

SUPPORT

 

 

HB 74 - AN ACT relating to criminal record expungement.

Sponsor: Representative J. R. Gray

Pre-Filed 12/17/04

Jan 4 - introduced in House

Jan 6 - to Judiciary (H)

This bill, if passed in its original form, would "allow a person convicted of one class D felony or a series of Class D felonies arising out of a single event to petition to have the record expunged; provide steps for... notification of victim... prohibit expungement if the offense was a felony... relating to criminal homicide or... assault... provide that a person convicted of a misdemeanor may petition for expungement of the record five years after adjudication... to exempt individuals who have had their records expunged from the statute of felon in possession of firearms."

 

The actual language provides that only one or a series resulting from a single incident and ONLY the lowest class of felonies committed against the Commonwealth of Kentucky may be expunged. Application cannot be made until 10 years have elapsed since adjudication of the offense. Other current charges or convictions since that time, even misdemeanor crimes, would preclude expungement. The Commonwealth’s Attorney must notify any victims and seek their input and then he may recommend the application to the court. Felony assault could not be expunged nor could fetal homicide. All restitution must have been paid and any incarceration, probation or conditional release must have been completed. Only then would a judge be allowed to order an expungement.

 

KC3 contends that the right to self-defense, along with the right to bear arms, is an unalienable right and protected by the Commonwealth’s Constitution. In addition we believe that when one violates the Civil Compact he should be removed from society for a term relative to the egregiousness of his transgression. But when he is returned to society, he must be able to defend himself and his family no less than he must be allowed to provide food and shelter. The only people who stand to gain from the passage of this bill is the individual, and his family, who has paid his debt and wishes to join his fellow citizens in the pursuit of a safe and productive future. This, combined with the fact that a felon bent on further criminal activity will ignore the weapons prohibition and arm himself according to his own desire, prompts the leadership of KC3 to recommend passage of this legislation as originally filed.

 

 


 

 

SUPPORT

 

 

HB 220/LM (BR 209) - AN ACT relating to carrying concealed deadly weapons.

Sponsors: Representatives D. Keene, J. Carr,

   P. Clark, R. Damron, J. Gray, J. Higdon, J. Jenkins,

   P. Marcotte, J. Reinhardt, A. Wuchner

Feb 1 - introduced in House

Feb 2 - to Judiciary (H)

Feb 9 - posted in committee

Feb 16-reported favorably, 1st reading, to Calendar

     with Committee Substitute, committee

     amendment (1-title)

Feb 17-2nd reading, to Rules

Mostly, this bill is aimed at providing for the implementation of the federal Law Enforcement Officers Safety Act of 2004 (PL 108-277) by setting forth the procedures for qualifying retired law enforcement officers in order that they can take advantage of the ability to carry concealed nationwide.  It also provides for the revocation of licenses obtained by an applicant that had never taken the proper training class as directed by KRS 237 (the CCDW licensing law).  In addition, the 30 days that a student has to return a class information form to the KY DOCJT would be expanded to 45 days.  Best of all for our instructor friends, the legislation would repeal the requirement of instructors or trainers to provide prior notification to the KY DOCJT for every class they present.

 

Much of this bill provides for the expansion of concealed carry privileges for only a limited class of individuals and would not directly benefit most people except for the added presence of a few more armed citizens.  However, there are those provisions in the law that would make it easier for both the instructor and applicant to complete the training required for a license as well as the portion that helps to impede those who have cheated to get their license.

 

The Committee Substitute that was added prior to the first reading adds the provision that the validity of a license is extended beyond the expiration date provide a proper renewal has been filed with the sheriff.  This will provide for "a lawful and valid extension of the license until such time as the Department of State Police either revokes the existing license, refuses to renew the existing license, or issues a new license."

 

KC3 supports this legislation and we recommend that you contact your representative and ask for their support of the bill as well.

 

 


 

 

SUPPORT

 

 

HCR 54 (BR 278)     A CONCURRENT RESOLUTION urging the Congress of the United States to pass and present to the states for approval a constitutional amendment guaranteeing the rights of the citizenry to own and carry firearms.

Sponsor:  Representative J. R. Gray

Jan 7 - introduced in House

Feb 1 - to Elections, Const. Amendments &

     Intergovernmental Affairs (H)

Feb 15-posted in committee

KC3 supports and encourages legislation, including a new amendment, that would clarify the sentiment expressed by the Second Amendment to the U.S. Constitution.  Of course, it would be necessary to see the exact language before we would push for passage of the specific legislation/amendment but we do indeed support the resolution to urge further protection of our right to keep and bear arms.

 

 


 

 

SUPPORT

 

HB 189 (BR 168)      AN ACT relating to members of the United States Armed Forces.  This legislation seeks to create a new section of KRS 335B.020 to 335B.070 to permit the extension of a professional license for a member of the United States Armed Forces while that individual is deployed overseas.

Sponsors:   J. Carr, R. Damron, H. Collins,

     M. Denham, J. Gooch Jr, J. Stacy, T. Thompson,

     M. Weaver

Feb 1 - introduced in House

Feb 2 - to Seniors, Mil. Affairs, and Pub. Safety (H)

Feb 4 - posted in committee

Feb 15 - reported favorably, 1st reading, to Calendar with Committee Substitute

Feb 16 - 2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Thursday, February 17, 2005

Feb 18 - floor amendment (1) filed to Committee Substitute

This bill was brought to our attention late in the legislative process.  While we supported the bill entirely, the definition provided in the statutes for "professional licenses did not seem to apply to CCDW licenses.  Our concerns were forwarded to Representative Damron and he offered Floor Amendment 1 which should include CCDW licenses in the extension.  With that addition to the legislation, KC3 will actively support passage of HB189, especially with Floor Amendment 1 included.  Please contact your legislators and urge them to vote for passage of HB189.

 

 


 

 

NEUTRAL

 

 

HB 292 (BR 1234)      AN ACT relating to crimes and punishments.

Sponsor:   Representative J. Gray

Feb 3 - introduced in House

Feb 4 - to Judiciary (H)

Feb 9 - posted in committee

This legislation would amend KRS 527.020, relating to carrying concealed deadly weapons to permit state probation and parole officers with a concealed carry licensed to carry concealed deadly weapons at all times throughout the Commonwealth without limitation.  Parole and probation officers would be added to an existing elite class of individuals who are permitted this privilege which is not enjoyed by the average CCDW licensee.  Presently, this class includes:

  • A Commonwealth's attorney or assistant Commonwealth's attorney;

  • A county attorney or assistant county attorney;

  •  A justice or judge of the Court of Justice;

  • A retired or senior status justice or judge of the Court of Justice.

KC3 believes that any licensee should be able to carry concealed on practically all public property as well as private property offering public accommodations.  We do not believe that any person should be afforded a greater opportunity to protect himself than everyone else.

 

While this legislation does advance the concept of concealed carry, it only does so for probation and parole officers. As such, KC3 will remain neutral to the passage of HB 292 as it was originally filed.
 

 


 

 

Last update: Wednesday, February 28, 2007 03:44 PM

 

 

 

 

"No free man shall ever be debarred the use of arms."
-Thomas Jefferson

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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