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Newly sworn in Governor Andy Beshear ordered the removal of the POW-MIA flag from the capitol.

solus

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Beshear will have at shot at vetoing any bill passed in 2020. The Governors that held office had an opportunity to veto all of our existing bills during the 10 day veto period of the year they were passed. There are no retroactive vetos. The only way those existing bill's can be changed is by an act of the legislature or being declared unconstitutional by the courts. Neither are going to happen. Both the House and Senate have veto proof majorities. We are not going to lose any of our existing gun laws in 2020 and certainly not one that just took effect this last July. The only possibility might be that some laws are made less restrictive than they are now.
truly? i guess the regulatory authority endowed in governor's executive orders doesn't apply per se to, "a rule or order issued by an executive authority or regulatory agency of a government and having the force of law" all without legislative oversight until overturned by the legislative or judicial intervention.

you folks severely whined when the newly installed governor removed a flag, w/o EO, which was illegally being flown...imagine if there was an EO put in place to regulate # of rounds in handguns ~ for the "safety" of KY's citizens! ~ of course!

CAN'T...really? as the governor CAN inflict chaos with EOs and judicial/legislative can scramble to attempt to undo the quagmire but once a sympathizer jurist says the EO is valid...chaos wins...

as for they won't be elected again...

explain to me how well the US congress has function'd over the last four years chasing myths/pseudo reality verses running this country ~ all the while the incumbent stands a good chance to win re-election!
 

gutshot II

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There have been no "obvious egregious acts" that have gone uncorrected in the last 20 years in Ky., that I know of. Even the few times that the police have stepped across the line, either the prosecutors or the courts have corrected things. We don't have the kind of problems that you describe. The worst case that I can think of was when Michael Mitchell was fired from his job at UK and kicked out of school because he had a gun in his car. He eventually was given a big settlement after the Ky. Supreme Court ruled in a 7-0 opinion that he was improperly terminated. Another was a member here at OCDO that was harassed by a Ky. State Police Officer at a DUI checkpoint because he had a gun in his car. The Court of Appeals straightened out that one. Neither of these people paid a penny for their defense. The former was paid by KC3 and the later was covered by a public defender.
 

gutshot II

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It appears that Beshear has seen the light. The Louisville Courier-Journal is reporting that he will sign a proclamation on Monday to restore the flag to its previous place, permanently. It is too bad that it took all of this to convince him of the wisdom of such an act.
 

solus

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It appears that Beshear has seen the light. The Louisville Courier-Journal is reporting that he will sign a proclamation on Monday to restore the flag to its previous place, permanently. It is too bad that it took all of this to convince him of the wisdom of such an act.
proclamation is not statutory/regulatory so the word "permanently" isn't apropos!
 

OC for ME

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There have been no "obvious egregious acts" that have gone uncorrected in the last 20 years in Ky., that I know of. Even the few times that the police have stepped across the line, either the prosecutors or the courts have corrected things. We don't have the kind of problems that you describe. The worst case that I can think of was when Michael Mitchell was fired from his job at UK and kicked out of school because he had a gun in his car. He eventually was given a big settlement after the Ky. Supreme Court ruled in a 7-0 opinion that he was improperly terminated. Another was a member here at OCDO that was harassed by a Ky. State Police Officer at a DUI checkpoint because he had a gun in his car. The Court of Appeals straightened out that one. Neither of these people paid a penny for their defense. The former was paid by KC3 and the later was covered by a public defender.
How often is a cop fired, a prosecutor/judge removed from office, for their obvious egregious acts.

Who holds these folks accountable other than their professional peers. - OC For ME - Monday at 10:51 PM
A remedy should go beyond a remedy singularly focused on the offended...what was the disposition of the offending individuals?

The offended citizen deserves his remedy to be sure...just as the offender deserves his punishment...a sternly worded Post-it note in a personnel file is not a punishment nor is it a long term remedy against future abuses.
 

OC for ME

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Not possible my friend.

Though a couple of Republicans and a Democrat would like it so.
Not possible? Or not probable. Virginia's constitution is clear on this matter and yet their state legislators will act as they will. There is no cop/prosecutor/judge that will deter them.
 

Ghost1958

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Not possible? Or not probable. Virginia's constitution is clear on this matter and yet their state legislators will act as they will. There is no cop/prosecutor/judge that will deter them.
Ky isnt VA. Does not have VA population problems.

Never happen here because it wouldn't be complied with nor tolerated here and the legislature knows it.

The goofball anti gun Bill's filed now are simply political pandering by those who sponsored them . All the while knowing they wont see the light of day here.

If they had any idea these few radical Bill's would pass they wouldn't propose them.

As it is they can puff and blow, Hornblower and his red flag law included, safe in the knowledge the Bill's wont pass into unenforceable law here.
 

OC for ME

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Every law is enforceable if cops choose to enforce them, and then a prosecutor chooses to bring charges for a violation of the unenforceable law, and then again a judge to ignore the "unenforceable" argument and rule contrary to constitutional demands...it is, after all, easy for a judge to kick the can down the road to the state appellate courts to figure out the constitutionality of any law...then landing in the lap of the state supreme court...maybe.

No risk for a judge (jury too?). Cuz there ain't no judge who is gunna dismiss a case brought before him cuz he believes the law is unenforceable.

Judge to jury: "Now, the defendant is charged with a unenforceable law...so deliberate and return the appropriate verdict...;)"
Jury: ":unsure:"

It takes the state legislature to repeal the unenforceable law, or the judges in the state's highest court to rule the law is unconstitutional...uh, I mean, unenforceable.

"Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone
Too many cops/prosecutors/judges must have slept through this part of lawyer 101 school.
 

color of law

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Every law is enforceable if cops choose to enforce them, and then a prosecutor chooses to bring charges for a violation of the unenforceable law, and then again a judge to ignore the "unenforceable" argument and rule contrary to constitutional demands...it is, after all, easy for a judge to kick the can down the road to the state appellate courts to figure out the constitutionality of any law...then landing in the lap of the state supreme court...maybe.

No risk for a judge (jury too?). Cuz there ain't no judge who is gunna dismiss a case brought before him cuz he believes the law is unenforceable.

Judge to jury: "Now, the defendant is charged with a unenforceable law...so deliberate and return the appropriate verdict...;)"
Jury: ":unsure:"

It takes the state legislature to repeal the unenforceable law, or the judges in the state's highest court to rule the law is unconstitutional...uh, I mean, unenforceable.

Too many cops/prosecutors/judges must have slept through this part of lawyer 101 school.
There is one other way to neuter the law, it's called jury nullification.
 

Ghost1958

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Every law is enforceable if cops choose to enforce them, and then a prosecutor chooses to bring charges for a violation of the unenforceable law, and then again a judge to ignore the "unenforceable" argument and rule contrary to constitutional demands...it is, after all, easy for a judge to kick the can down the road to the state appellate courts to figure out the constitutionality of any law...then landing in the lap of the state supreme court...maybe.

No risk for a judge (jury too?). Cuz there ain't no judge who is gunna dismiss a case brought before him cuz he believes the law is unenforceable.

Judge to jury: "Now, the defendant is charged with a unenforceable law...so deliberate and return the appropriate verdict...;)"
Jury: ":unsure:"

It takes the state legislature to repeal the unenforceable law, or the judges in the state's highest court to rule the law is unconstitutional...uh, I mean, unenforceable.

Too many cops/prosecutors/judges must have slept through this part of lawyer 101 school.
Or simple non compliance. Which is what makes such laws unenforceable here.

Few will comply , if any. Many would actively resist.
Plus I've never met a ky officer that would not simply change professions rather than embark on such a foolish dangerous errand in this state.

You have to get the defendants to court first. Nuff said
 

gutshot II

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Politicians will do what they believe they can get away with...voter memories are short after all.

Cops, on the other hand, are not bound by the burdens of following the law if they choose to violate the law (and our rights) when they believe that QI...and their cop shop/union/prosecutors/judges...will give them a pass.

Happens all the time...even in KY I suspect.

How often is a cop fired, a prosecutor/judge removed from office, for their obvious egregious acts.

Who holds these folks accountable other than their professional peers.

Thus the correction I made to my previous post.
I have lived in Ky. for 74 years and I "suspect" it does not.
 

Chief Ten Beers

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Not possible my friend.

Though a couple of Republicans and a Democrat would like it so.
BR 187: Deadly weapons, concealed carry without license, repeal
1. The repeal of Constitutional Carry throughout the state of Kentucky.

 

solus

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previously provided Gunrightswatch cite:

there is nobody acting preemptively...
quote:
Kentucky gun owners have gotten busy in recent weeks preparing a slew of responsive Second Amendment Sanctuary resolutions aimed at preventing the erosion of their carry rights. unquote

so in the great state of KY, gun owners prepare resolutions? really...

quote:
Some Republican State Representatives have taken it upon themselves to reassure the people of Kentucky that these bills will never pass, but as we've seen in the past, these reassurances often simply lead to complacency by the voters. unquote

Says it all..

ONE country has passed,
12 Having a Hearing or Confirmed To Be Voting Soon;
108 counties nada!!


Ya I personally would be truly concerned...
 

gutshot II

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BR 187: Deadly weapons, concealed carry without license, repeal
1. The repeal of Constitutional Carry throughout the state of Kentucky.

That is just a proposal by one Representative, Charles Booker. Representative Booker threw a fit when the bill was discussed in the House Judiciary Committe and when the vote was take, he voted "Hell No". His opinion didn't matter then and it doesn't matter now. He filed this bill to repeal KRS 237.109 less than 30 days after it first became effective. If you let this type of bill upset you, get ready to be upset for the next 10 years. There will always be somebody to introduce a bill like this. It has no chance of passing. The election in Nov. increased the number of conservatives in the General Assembly. They are not going to vote to repeal a law they just passed a few months ago with big margins. Charles Booker's opinions mean nothing and his bill will go nowhere.
 

Chief Ten Beers

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That is just a proposal by one Representative, Charles Booker. Representative Booker threw a fit when the bill was discussed in the House Judiciary Committe and when the vote was take, he voted "Hell No". His opinion didn't matter then and it doesn't matter now. He filed this bill to repeal KRS 237.109 less than 30 days after it first became effective. If you let this type of bill upset you, get ready to be upset for the next 10 years. There will always be somebody to introduce a bill like this. It has no chance of passing. The election in Nov. increased the number of conservatives in the General Assembly. They are not going to vote to repeal a law they just passed a few months ago with big margins. Charles Booker's opinions mean nothing and his bill will go nowhere.
Thank you Gutshot II for the piece of mind. When I saw that I started to worry a little, not a lot, but the worry was there. The way things are going now, it's kind of hard to trust these people, especially with what they want to do to us.
 
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