Kentuucky's statewide preemption law..

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This sub-forum is strictly for the purpose of submitting of, and status updates related to, ORC 9.68 compliance. This could mean park bans, open carry bans, or anything that is a compliance issue. Note the format in which original threads were created. We'll track each individual case here and post updates if assistance is needed, etc. You may start a new thread here to notify us of a non-compliant scenario. Please try to research contact information for each city, village, etc, Email, fax, and postal addresses are great. Digital photos of infractions (Signs) are ideal. With limited exceptions this is NOT a discussion forum.

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Brian D.
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Kentuucky's statewide preemption law..

Post by Brian D. »

Was just doing some reading on Open Carry Dot Org. Kentucky's statewide preemption law re firearms dates back to 1984, according to one longtime member of that site. He has been working on Louisville's/Jefferson County's governmental organizations that weren't in compliance for years. As of now he states that the local transit bus authority has finally agreed to pull their invalid 'No guns' signage. They were the last such non-compliant entity he is aware of.

Point being, it took 29 years for that to happen. I wonder if we'll still be pestering fair boards and such to obey Ohio Revised Code 9.68 here in Ohio in the year 2036?
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Re: Kentuucky's statewide preemption law..

Post by MyWifeSaidYes »

ORC 9.68 needs teeth. At this point, even little baby teeth would be a good start.
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Re: Kentuucky's statewide preemption law..

Post by Werz »

MyWifeSaidYes wrote:ORC 9.68 needs teeth. At this point, even little baby teeth would be a good start.
Well, I do like the structure that Kentucky used when they strengthened their law (KRS 65.870) last year. To put it in Ohio terms:
  • "Any existing or future ordinance, executive order, administrative regulation, policy, procedure, rule, or any other form of executive or legislative action in violation of this section or the spirit thereof is hereby declared null, void, and unenforceable." (The Ohio Supreme Court already gave us that in Cleveland v. State, but it would be nice if it was statutory.)
  • Political subdivisions "shall repeal, rescind, or amend to conform, any ordinance, administrative regulation, executive order, policy, procedure, rule, or other form of executive or legislative action in violation of this section or the spirit thereof within six (6) months after" a specific effective date. (That would make it clear that they cannot just withhold enforcement and keep their existing laws/rules.)
  • "A violation of this section by a public servant shall be a violation of" R.C. 2921.44(D). (Dereliction of Duty is a second degree misdemeanor. It's not unduly harsh, and no new penalty would need to be created; nevertheless, it's clearly punitive, and even more important, it's a very descriptive criminal violation which would be a huge embarrassment to a public official, particularly an elected one.)
The fact that it cleaned up Kentucky's issues might be a big selling point in the Ohio General Assembly.
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Re: Kentuucky's statewide preemption law..

Post by Brian D. »

What sort of got me paying a little more attention to Kentucky's enhanced preemption was from an incident a couple weeks ago, right across the river from Cincinnati. An angry, estranged ex-husband tracked down and mudered his former wife at her workplace. (Locals will recall the details, it sure made the news.)

Afterwards, some hullabaloo was made of the fact that the shooter used a gun he had bought only one day before, at a shop over there. (He had no disqualifiers to prohibit the purchase, best I know.)

A city councilman in town where the crime took place waited about a week and then went into the "We need more gunlaws" song and dance, even suggesting that his city and or the state pass legislation requiring a three day waiting period before purchase. Point being, just by proposing such things in his capacity as a councilman, he may be stepping over the state's preemption boundaries. I haven't looked at their laws that closely, dunno.
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Re: Kentuucky's statewide preemption law..

Post by BB62 »

Werz wrote:
MyWifeSaidYes wrote:ORC 9.68 needs teeth. At this point, even little baby teeth would be a good start.
Well, I do like the structure that Kentucky used when they strengthened their law (KRS 65.870) last year....

...The fact that it cleaned up Kentucky's issues might be a big selling point in the Ohio General Assembly.
Florida's preemption, when given teeth, had the same effect. I believe it holds elected officials liable personally for damages. Additionally, and similar to KY, it disallows "promulgation" of laws/rules/etc.

I do like the "spirit thereof" which the KY law speaks of too.
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Re: Kentuucky's statewide preemption law..

Post by Werz »

BB62 wrote:
Werz wrote:
MyWifeSaidYes wrote:ORC 9.68 needs teeth. At this point, even little baby teeth would be a good start.
Well, I do like the structure that Kentucky used when they strengthened their law (KRS 65.870) last year....

...The fact that it cleaned up Kentucky's issues might be a big selling point in the Ohio General Assembly.
Florida's preemption, when given teeth, had the same effect. I believe it holds elected officials liable personally for damages. Additionally, and similar to KY, it disallows "promulgation" of laws/rules/etc.

I do like the "spirit thereof" which the KY law speaks of too.
I have to look at real-world practicality. The "spirit thereof" is great for feel-good wording, but it's probably constitutionally void for vagueness. And Florida's provision for personal liability of elected officials is no big deal; they'll just be added as a party-defendant, along with the political subdivision, in a civil action that will go on interminably.

However, Kentucky's provision for criminal prosecution on a charge equivalent to Ohio's "Dereliction of Duty"? Now that's real teeth! If the city council doesn't want to change an ordinance, you go to the county sheriff and county prosecutor and say you want the matter investigated as a crime. If they don't want to do anything, then you go to the state attorney general. That will move a lot faster than a civil lawsuit.

That said, the mere existence of a law providing for criminal prosecution will not be enough. However, when the political subdivision's legal counsel gets a call from the local prosecutor or the attorney general - stating that an investigation has been requested, and that criminal charges are a possibility - you can bet that the matter will make it onto the agenda at their next meeting.
"An armed society is a polite society. Manners are good when one may have to back up his acts with his life."
-- Robert A. Heinlein, Beyond This Horizon
"Remember that protecting our gun rights still boils down to keeping a majority in the electorate, and that our daily activities can have the impact of being ambassadors for the gun culture ..."
-- BobK
Open carry is a First Amendment exercise.
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Re: Kentuucky's statewide preemption law..

Post by BriKuz »

That should be the case with ALL local laws which attempt to usurp State-level supremacy. Of course, I also think that "mirror laws" should be removed.
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