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KC3 files lawsuit against City of Richmond, Ky.

On Tuesday, February 27th, the Mayor, City Manager and all City Commissioners of the City of Richmond, Ky. were served with a lawsuit by the Ky. Concealed Carry Coalition(KC3). The dispute concerns the violation of Ky. state gun laws by the City of Richmond. Richmond attempts to regulate the sale/purchase of firearms by certain businesses within the boundaries of the City of Richmond. This type of regulation is prohibited by Ky.’s “Firearms Preemption Statute” (KRS 65.870). No city or county government is allowed to “enter the field” of firearm regulation in Ky. The Ky. General Assembly has reserved that area of regulation for themselves alone and made it a criminal act to encroach upon that area of legislation. Criminal penalties for local government officials that violate KRS 65.870 can be quite severe and could include jail time.

KRS 65.870 can be seen here: http://www.lrc.ky.gov/statutes/statute.aspx?id=40556

Officials of the City of Richmond have repeated refused, over a period of several months, to “repeal, rescind or amend to comply” their city ordinance, as required by KRS 65.870 and they have made clear to representatives of KC3 that the City has no intentions of doing so, voluntarily. Since KRS 65.870 took effect in 2013, the Ky. League of Cities has sent out at least four advisories on the duties and responsibilities of city officials under the law. Those advisories were sent to all KLC member/cities. Richmond surely must have received them. Two of those advisories are still available on the KLC website, here:

http://www.klc.org/news_detail.asp?article=1655

and here:

http://www.klc.org/news/2006/Update_on_Gun_Control_Laws

The City of Richmond continues to ignore the state law, ignore the advice of the Ky. League of Cities and ignore the many, many requests of KC3 to come into compliance without any expensive legal action.They have left us no choice and now the taxpayers of Richmond will bear the expense.

Richmond city ordinance #128.01 to #128.99 is the center of the dispute behind the lawsuit.That Richmond city ordinance can be seen in TITLE XI: Business Regulations, Chapter 128, here:

http://library.amlegal.com/…/cityofrichmondkentuckycodeofor…

All local governments in Ky. are required to operate within the confines of state law and most of them make an effort to do so. KC3 has pointed out violations to dozens of Ky. cities and convinced them to comply with the law without any legal action being necessary. Lawsuits are not our preferred solution and are only used when all other means have failed. However, since KRS 65.870 was amended and strengthened in 2012, KC3 has found it necessary to file 18 lawsuits against a few persistent violators. All of those lawsuits were settled in favor of KC3

KC3 was founded in 1995 and is a grassroots, gun rights advocacy organization with a statewide membership and is a registered 501 (c)(4), non-profit corporation. KC3 is headquartered in Frankfort, Ky.
www.lrc.ky.gov
LRC.KY.GOV

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