Lawful self-defense for lawful people

Letters

July 2, 2010

Anonymous CNHI The Commonwealth Journal Fri Jul 02, 2010, 08:16 AM EDT

Somerset — Dear Editor:

In his June 30 column, Jeff Neal used his First Amendment right to attack lawful people’s Second Amendment right, “to keep and bear arms”. I’m offered very limited space, but appreciate this opportunity to reply. (I’m not a lawyer. The laws below are verified by the legal authorities noted, and on the Kentucky Revised Web.):

Lawful People’s Self-Defense “Right” Is The Law!

1. Law-abiding Americans, being “citizens”, not subjects, under the U. S. Constitution’s Second Amendment in the Bill Of Rights, have the “right” to “keep (own) and bear (carry) arms (firearms)” for our self-protection. The Declaration Of Independence calls our rights “unalienable”.

2. For law-abiding Kentuckians, Section 1 of our Kentucky Constitution’s Bill Of Rights legally establishes that each of us “have certain inherent and inalienable rights, among which may be reckoned:” “Seventh: The right to bear arms (deadly weapons) in defense of themselves and of the State,…” Judge Moremen, in his October 5, 1956 Court Of Appeals ruling in the case of Holland v. Commonwealth (294 SW 2D 83), ruled that this section “Seventh” in the Kentucky Bill Of Rights is: “an exemplification of the broadest expression of the right to bear arms. ... The constitutional provision is an affirmation of the faith that all men have the inherent right to arm themselves for the defense of themselves and of the state.” Therefore no matter what Mr. Neal or anyone else thinks, it is illegal for any president, congress, state legislature, any city or county government, or editor, to forbid this right and its application! It is the law!

3. But Neal disagrees, saying lawful Americans should only be allowed “locked” guns “in the home”. No, our rights are “inalienable”, including self-defense—and thankfully, they do not end when we go out our front door!

4. Neal also said only “law enforcement officers” and “government or military agents” should be allowed to carry guns “outside the home”. No, Mr. Neal, that would a POLICE STATE—like Russia or China—where only the police can carry guns! But America is not a police-state, here lawful citizens may also carry guns!

5. Neal also wants “churches’” properties banned, denying churches the same gun rights secular people have on their properties. No, gun rights are not banned on churches’ properties in Kentucky!

Specific Ky. Self-Defense Laws

1. Contrary to Neal’s allegations, it is not illegal to carry guns in most “government buildings” in Kentucky. In fact, it is illegal for State office buildings in Frankfort and elsewhere, to have “no concealed carry” signs on them! The Kentucky State Legislature, under KRS 237.115, sec. 2, made them illegal. Governor Paul Patton, through John P. McCarty, his Secretary of Finance and Administration Cabinet, on April 9, 1998 ordered: “to remove the signs that prohibit the carrying of concealed deadly weapons on state property”. Government buildings may have metal detectors, but “concealed carry” licensees still may legally carry “concealed” and “full view” firearms even in the Capitol building.

2. Kentucky also has a pre-emption law which makes it illegal for any city or county government to enact firearms ordinances stricter than the Kentucky State laws (KRS 65.870). This creates a standard gun law applying throughout all counties and cities in Kentucky at all times, which no one may question.

3. Kentucky also (see Judge Moremen, in his October 5, 1956 Court of Appeals ruling in the case of Holland v. Commonwealth, 294 SW 2D 83) authorizes open or “full view” carrying of firearms by law-abiding Kentuckians who are 21 years and older on all public properties. They may also carry a loaded firearm in their automobile glove box without a “concealed carry” license (KRS 527.020, section 8).

4. There are only rare exceptions to “full view” carrying of firearms in Kentucky on public properties: jails, courtrooms in session, properties forbidden by federal law (as beyond the check points at airports), the new judicial centers, etc.

Personal Observation

Mr. Neal freely used his First Amendment “right” to attack millions of law-abiding American “citizens” from having their Second Amendment “right”. But if the First Amendment is precious and must be defended, and it certainly is, then why isn’t the Second Amendment? Go figure.

Willie Ramsey

Somerset, Ky.

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