Injunction Issued Against Ky. Ban On Non-Citizens Carrying Guns

LOUISVILLE, Ky. (AP) - A federal judge has stopped enforcement of a Kentucky law barring non-citizens from carrying concealed deadly weapons.

The law is written too broadly and violates the rights of attorney Alexander M. Say, a British national who has lived in Kentucky for 15 years, U.S. District Judge Thomas Russell wrote in an eight-page decision Friday.

"Finally, it is in the public interest to prevent the violation of an individual's constitutional rights," Russell wrote.

The American Civil Liberties Union sued the Jefferson County Sheriff's Department and Kentucky State Police on behalf of Say in July, challenging the citizenship requirement and saying Kentucky lawmakers should not have passed the law. The sheriff's department and state police are the two entities that would have to approve Say's license application.

Say argued that no federal law requires U.S. citizenship for people to be licensed to purchase, carry, transport or carry a concealed deadly weapon, and neither should state law.

Prior to the adoption of the law, Kentucky didn't require a check to see if the applicant was an illegal alien. The sheriff's department and state police argued that the intent of the law was to allow an applicant to buy a firearm without undergoing a telephone check with the National Instant Criminal Background Check System.

(Copyright 2008 by The Associated Press. All Rights Reserved.)

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  • by Robert Location: Indepedence on Mar 16, 2008 at 07:09 PM
    Once again the ACLU goes too far. Every right of a citizen of the U.S.A. should not be extended out to a citizen of another country. Granted they should be protected by our laws and they should abide by them. If Mr. Say wishes to carry a concealed weapon, then he should consider becoming a US citizen. Plain and simple. After all he obiviously is living and working here.
  • by Wow Location: RIchmond on Mar 16, 2008 at 03:44 PM
    @c Location: fkt SO both your parents are native americans huh? Ive some native decent does that mean my rights supersede those of people who came over on boats or planes? "These truths to be self evident, that all men are created equal.." Ring a bell?
  • by Fred Location: Lexington on Mar 16, 2008 at 08:31 AM
    Thanks for the clarification. I thought the AMERICAN CONSTITUTION applied to AMERICANS. I guess then, that it tramples on my Constitutional rights not to be able to purchase a fully automatic assault rifle or a cruise missle.
  • by Bart Location: Harrodsburg on Mar 16, 2008 at 06:36 AM
    If a person is in this country legally, then they should have the right to carry a firearm. Good for the ACLU and good for Mr. Say!
  • by c Location: fkt on Mar 16, 2008 at 06:02 AM
    That's right, just let all these foreigners come into this country & buy their weapons here so they can turn around & kill us with them! What stupidity! If there is no federal law against this, then there should be! No foreigner in this country should have ANY of the same rights as the citizens! They are vistors in this country not citizens! And to waste our taxpayer money to defend them is outrageous! If this man or any foreigner don't like our laws, then GO BACK HOME! As for the ACLU, it is a communist organization as far as I'm concerned & they are out to destroy this country! I say, get rid of the ACLU & stop supporting them in any way before it's too late! I'm contacting my congressmen to see about getting a federal law in place against foreigners buying weapons in this country! We have enough of our own citizens killing us without allowing foreigner to do it too!


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