
Originally Posted by
HooVooLoo
Simply repealing the statute will not make OC legal and lawful.
Open Carry is not "legal" in neary every state in the union. I believe only AZ has a tiny blurb about OC being a protected right.
What needs to happen is a law being added specifically granting the right of OC with a firearm, not a repeal of an already ambiguous ruleset.
If you take away the statue you have quoted above, it would not make OC of a firearm legal. It would simply make it not illegal.
There is a HUGE difference in that, and jurisprudence all over the country will show you that it rarely bodes well for the firearm owner.
Rethink your campaign, because a simple repeal is going to get a lot of people in trouble.
We need a clear and contiguous granting of the right, not a "let's take away the inability to do it and hope there is no aftermath."
A constitution makes things legal, a statute makes things illegal, with few exceptions.
In Kentucky, OC is protected by our state constitution, it cannot be made illegal by statute. It would have to be repealed and here, that is not going to EVER happen.
There are many other state constitutions that do the same thing, so you are wrong in saying that it is not legal in most states.
We won't even get into the US constitution and it's protection of the 2A and how the US constitution specifically enumerates the power to the federal government to enforce the protection of those rights, even on states that disagree.
One must be wary of the mentality creating the problem or the law creating the crime.
I love America and the Constitution, if you don't then get out!