Now
You See It. Now You Don't
Illegal Signs Come Down at Otter Creek
Park in LouisvilleAs you can
see from the accompanying pictures, another criminal empowerment zone has
been reclaimed by the citizens of the Commonwealth. Otter Creek Park
consists of 2,600 acres along the Ohio River in Meade County and is owned
and operated by the Louisville Metro government located 25 miles to the
northeast in Jefferson County. It was a local resident that lives near the
park and frequently stopped in to enjoy its many amenities that wondered how
someone up in the "big city" could come down and put up signs telling them
they had to give up their weapons of self-defense. To the benefit of
everyone, he contacted the Kentucky Coalition to Carry Concealed and asked
how they could get away with this.
Basically,
governments sometimes try to do what they think is best, regardless of what
the law might have to say on the matter. Of course, sometimes ignorance can
play a part in their actions also. They get away with it because nobody
calls them on it. In this case, whoever made the decision to order the signs
that prohibited weapons in the park wrongly cited Kentucky Revised Statute (KRS)
150-300 as the authority. KRS 150.300 actually has nothing whatsoever to do
with regulating the concealed carry of deadly weapons, instead, it deals
with the taking of wildlife on a propagation farm, game farm, game refuge,
or fish hatchery and also with the defacement of signs or posted notices
placed upon such locations. In fact, there is nothing within the entire
Chapter 150, that could remotely be construed to authorize a local
government to restrict or prohibit the carrying of firearms under any
circumstances, whether concealed or not.
The
Kentucky General Assembly has seen fit to deny local governments the
opportunity to regulate the possession of arms in any manner whatsoever
except that they may, in most cases, regulate the carrying of concealed
weapons in buildings owned or controlled by them. The great outdoors are
simply not under their authority when it comes to regulating firearms.
The Parks Director was duly informed of the
law and was asked to remove the offending signs. His reply was that the
request was being forwarded to the County Attorney’s office in order that he
could review our "concerns regarding ‘statue [sic] KRS 150.300’." Roughly
six weeks later, it was necessary to lightly imply a threat of prosecution
under KRS Chapter 522 (misuse of office) to get the signs removed.
If you ever see a sign that restricts the
carrying of weapons, definitely let KC3 know of it. A picture is not
essential but is very helpful in that it provides the specific language and
also might later serve as proof that such a sign did once exist. A sign that
restricts the concealed carry of weapons any place other than the inside of
a building is also probably not within the law. If you see any such sign you
are not absolutely sure about, write us, e-mail us, or call us and tell us
where it is. We’ll be glad to look into it and see if something can be done
about it.
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