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Posted: 11/6/2018 9:34:40 PM EDT
ok, what is the deal with this law we voted for/against today?
Link Posted: 11/6/2018 9:41:20 PM EDT
[#1]
It costs money and is hard to implement. But with the way it was worded it was certain to pass. Another state that did the same thing had to get rid of it two years later.
Link Posted: 11/7/2018 12:32:29 AM EDT
[#2]
What is this I am hearing about stand your ground and "intruders that are shot b&e becoming the victim and having rights blah blah blah?
Link Posted: 11/7/2018 2:57:06 AM EDT
[#3]
That's right. If you ever shoot somebody (even in a justified situation), they could be declared a victim and will have 17 new constitutional rights that can tie you in knots. Good luck. It passed by 350,000 votes and now becomes part of the Ky. constitution. Getting it changed or repealed will be almost impossible. This was a terrible mistake. There were millions poured into getting this passed over three legislative sessions. It will take more money and more time to ever get it changed. The Supreme Court of Montana declared it to be unconstitutional.

Henry Nicholas is a billionaire and has made it his life's work to get this passed in every state. He doesn't care what it costs or how long it takes. To get it out of our constitution will take twice as much time and money. What billionaire will step up to pay for that? Any volunteers?

Some critics say that now the state may have to furnish the victim of crimes with an attorney to look out for all of these new rights. A victim is anybody a judge says is a victim, even a guy you shot while he was breaking into your house and you could end up paying for his attorney with your taxes. The expense could be equal or more than we already pay in fees for attorneys for the accused. Taxpayers will be paying for both of these lawyers plus the prosecutors. Get out your checkbooks, boys, taxes be going way up.
Link Posted: 11/7/2018 7:50:16 AM EDT
[#4]
After seeing how it was worded on the ballot, I knew that horse shit would pass.
Link Posted: 11/7/2018 8:04:47 AM EDT
[#5]
I don't think people understand how shitty this situation is.
Link Posted: 11/7/2018 9:13:34 AM EDT
[#6]
I didn't even know what it was and I voted against it.   All American Citizens already have Constitutional rights.
So much emotional manipulation in that thing, I couldn't stand it.

...How ever did America survive without it for this long?
Link Posted: 11/7/2018 1:10:46 PM EDT
[#7]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
After seeing how it was worded on the ballot, I knew that horse shit would pass.
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Yup. I guarantee most who voted for it had no clue what they were actually voting on.
Link Posted: 11/7/2018 3:43:36 PM EDT
[#8]
Before I read it, I knew there was no need for a constitutional change. After I read it, I knew there was no need for a constitutional change.

The wife and I both voted against it but I was pretty sure the emotional sheep were going all in for it.
Link Posted: 11/7/2018 10:14:50 PM EDT
[#9]
In mid-October, Franklin Circuit Judge Thomas Wingate ruled that the question wasn’t worded accurately and ordered elections officials not to certify the results.
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http://www.wdrb.com/story/39432013/kentucky-voters-back-marsys-law-amendment-question-heads-to-state-supreme-court

Currently on appeal waiting on KY Supreme Court to hear

https://www.courier-journal.com/story/news/politics/elections/kentucky/2018/11/06/marsys-law-likely-pass-despite-legal-dispute-over-constitutionality/1852592002/
Link Posted: 11/7/2018 11:39:13 PM EDT
[#10]
double tap
Link Posted: 11/7/2018 11:40:01 PM EDT
[#11]
Will a judge now defy the "will of the people" and overturn a duly conducted election where the amendment was supported by a large majority of voters? Hard to do. I can just see the headlines, now.
Link Posted: 11/8/2018 5:05:54 PM EDT
[#12]
I plan on filing a complaint,

The wording was totally leading and the "law" should not be enacted.

Similar to the current California gas-tax vote that is being challenged because of the biased phrasing.
Link Posted: 11/8/2018 6:21:55 PM EDT
[#13]
It's not the will of the people.

99 percent of people once explained to thought it was wrong.

Uneducated voting .
Link Posted: 11/8/2018 7:32:56 PM EDT
[#14]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Will a judge now defy the "will of the people" and overturn a duly conducted election where the amendment was supported by a large majority of voters? Hard to do. I can just see the headlines, now.
View Quote
It's been done before.
Link Posted: 11/9/2018 2:26:09 AM EDT
[#15]
"The will of the people " as expressed by their votes on election day.

Are you in favor of nullifying peoples votes just because you think they were not sufficiently educated on the matter? Are you in favor of substituting your preference for the one expressed by the people on election day? This is a very "slippery slope". When and under what circumstances do suggest that a person's vote be nullified? Are you OK with other people doing that to your vote?

It is the people's responsibility to educate themselves before they vote. That is part of democracy. If they are too lazy or too stupid to do it, they deserve what they get.

Someday, there will be a gun bill, a very anti gun bill, and it will slip past us and be passed by the General Assembly and become law in Ky. it will happen because nobody cared enough to educate themselves on it or even know that it existed.  Luckily, with a law, you can come back the next year and fix it. You only have to endure it for one year. This thing may be around for a long time. We just have to pray that the courts will give us a "do over", but what is to prevent the same outcome with a new vote on this issue? Do you think that 65% of the electorate is now suddenly "educated"?
Link Posted: 11/9/2018 9:34:47 AM EDT
[#16]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
It's not the will of the people.

99 percent of people once explained to thought it was wrong.

Uneducated voting .
View Quote
I didn't know anything about it and didn't even know it was going to be on the ballot...and I've been very active politically at the local level.  It needs to be tossed out due to a lack of details on the ballot and intentional misleading information.
Link Posted: 11/9/2018 10:20:55 AM EDT
[#17]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Will a judge now defy the "will of the people" and overturn a duly conducted election where the amendment was supported by a large majority of voters? Hard to do. I can just see the headlines, now.
View Quote
Why the hell not? if its unconstitutional then the "people's will" doesn't mean shit. That's the whole point of a constitution, to keep the majority from shiting on the rights of the minority and the whole point of the Supreme court is to enforce the Constitution regardless of what the "people's will" is but I get that most people these days don't understand that.

That said, I am not knowledgeable enough about this law or the KY constitution to say whether its unconstitutional or not?
Link Posted: 11/9/2018 10:24:48 AM EDT
[#18]
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Quoted:
I didn't know anything about it and didn't even know it was going to be on the ballot...and I've been very active politically at the local level.  It needs to be tossed out due to a lack of details on the ballot and intentional misleading information.
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I agree that the wording was very misleading and a lot of people probably voted for it because of that. In theory, it could potentially be thrown out for that reason alone but that would take someone with deep pockets to sue.
Link Posted: 11/9/2018 1:48:24 PM EDT
[#19]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

I didn't know anything about it and didn't even know it was going to be on the ballot...and I've been very active politically at the local level.  It needs to be tossed out due to a lack of details on the ballot and intentional misleading information.
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Ditto
Link Posted: 11/9/2018 2:02:32 PM EDT
[#20]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

I agree that the wording was very misleading and a lot of people probably voted for it because of that. In theory, it could potentially be thrown out for that reason alone but that would take someone with deep pockets to sue.
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My dad admitted to voting yes.

Had no clue what it was about, either. It just sounded good.
Link Posted: 11/9/2018 2:55:48 PM EDT
[#21]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

Why the hell not?
if its unconstitutional then the "people's will" doesn't mean shit. That's the whole point of a constitution, to keep the majority from shiting on the rights of the minority and the whole point of the Supreme court is to enforce the Constitution regardless of what the "people's will" is but I get that most people these days don't understand that.

That said, I am not knowledgeable enough about this law or the KY constitution to say whether its unconstitutional or not?
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Because this is not just a law. It was a constituitonal amendment. It was passed, by a wide margin. It is now part of the Ky. constitution. A portion of the constitution can't be unconstitutional. It is constitutional by definition, because it is the constitution, now. I am not saying that this is impossible to fix. What I am saying is that it will be difficult to fix and any judge that tries to fix it will face harsh criticism from the supporters of this bill. You do realize that there are supporters of this, don't you? They have worked on this for years and spent millions of dollars on it. Those supporters will now be introducing each and every one of those votes as evidence that the people of Ky. wanted this amendment and understood exactly what they were voting for. Is some judge going to overturn an election because you and I say that nobody understood what they were voting for. Do you understand how lame that sounds? Hell, anybody can say that about anything. Do we want to start overturning elections just because the losers say they want a "do over"? Do you think that they will just stand idly by, now that they are so close to winning and let some judge jerk it away from them. Hell no! They are going to fight like hell to keep this while we have to fight an uphill battle to take back something we have already lost. That is "why the hell not?".

The good side is that while the amendment itself can't be unconstitutional, the method by which it was passed can be found to be illegal and since this process was started before the election it can be continued, but it will be very difficult and messy and with a lot of hard feelings and a lot of name calling and bad publicity for those that dare to oppose this decision by the people of the Commonwealth. The bottom line on this is that the supporters of this were willing to spend the money and time to get it on the ballot. The opposition was either non-existent or asleep or too lazy to do much and let it get passed. You must remember, before it got on the ballot, it had to pass the General Assembly. They passed it and put it on the ballot. You know, those people that are protecting our gun rights without any oversight or input from us. Those people that are looking out for our rights while we slept. This took three years to get through the General Assembly. Where was all of this outrage for those three years? If we do get a "do over", can you guarantee the outcome will be any different?
Link Posted: 11/9/2018 11:47:08 PM EDT
[#22]
I can't say that I appreciate your condescending tone but will say I think you are wrong about this part...
Discussion ForumsJump to Quoted PostQuote History
Quoted:
A portion of the constitution can't be unconstitutional.
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If you look it up, this is kind of a grey area but a new constitutional amendment can be unconstitutional if it directly contradicts existing sections of the constitution (unless it language was specifically written for that very purpose). The thing is, "constitution" itself if kind of a generic term and rules governing one specific constitution (the US constitution for instance) doesn't necessary apply to the KY state constitution. Each governing body determines its own rules for how those changes are made.

The thing is, I'm not a lawyer and I'm pretty sure you aren't either so I'm not going to waste time arguing with about the semantics of it. The one thing I will agree with you on is, we are probably stuck with it regardless of anything else being discussed here.
Link Posted: 11/20/2018 2:57:31 PM EDT
[#23]
The amout of money spent on this in KY was staggering. For the last three months before the elction I couldn't listen to Spotify without getting an ad for it every 10 minutes.

Voted "no" but once I read the language I knew it would pass by massive margins. No apolitical soccer mom would read that and say "No, I don't support equal rights for victims of crime."

Very misleading and shows how ballot wording is very very important.

That said, I'm not sure the Court should invalidate it. Frankly, even if it was struck down and re-submitted next election I still think it would pass.
Link Posted: 11/20/2018 2:59:28 PM EDT
[#24]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
It's not the will of the people.

99 percent of people once explained to thought it was wrong.

Uneducated voting .
View Quote
Do you have a source for this?
Link Posted: 11/20/2018 10:57:21 PM EDT
[#25]
aaaahhh pulling my hair out
unfortunately, living in a country means living with 'idiots'.

they think we are idiots.
we think they are idiots.

...Govt control of education.
Link Posted: 12/12/2018 11:47:49 PM EDT
[#26]
I'm retired and looking to move to America. I had decided KY was the best option and was house hunting there when I saw this thread. Unless it looks like a repeal is very likely I will have to cross KY off the list and go with my second choice. Thanks for posting this. I'd be really upset if I hadn't found out about it until after I'd bought a house there!
Link Posted: 12/13/2018 10:47:35 AM EDT
[#27]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
I'm retired and looking to move to America. I had decided KY was the best option and was house hunting there when I saw this thread. Unless it looks like a repeal is very likely I will have to cross KY off the list and go with my second choice. Thanks for posting this. I'd be really upset if I hadn't found out about it until after I'd bought a house there!
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It's not a great law, but is it really bad enough to scratch one of the most pro-2A states in the country off the list? Honest question.
Link Posted: 12/13/2018 4:04:30 PM EDT
[#28]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

It's not a great law, but is it really bad enough to scratch one of the most pro-2A states in the country off the list? Honest question.
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I don't know. I hope not but it sounds pretty scary. The worst part is that it may be a sign of things to come. I really hope not but the fact that the people voted this in is scary. I've lived all of my life under Nazi-like gun laws and I'd hate to see that spread any more than it already has.
Link Posted: 12/13/2018 7:38:02 PM EDT
[#29]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

is it really bad enough to scratch one of the most pro-2A states in the country off the list?
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Ky. has been falling further and further down that list for years. This will just accelerate that fall a little bit. Laws are never "disastrous", as long as they are only used against somebody else.
Link Posted: 6/13/2019 11:39:39 AM EDT
[#30]
Ruled unconstitutional by KY Supreme Court

https://www.wkyt.com/content/news/Kentucky-Supreme-Court-rules-Marsys-Law-amendment-too-vague-511239042.html?
Link Posted: 6/13/2019 3:45:34 PM EDT
[#31]
Good that it was ruled unconstitutional.  If it comes up again I will try and convince as many people I can to vote against it.
Link Posted: 6/13/2019 5:03:25 PM EDT
[#32]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Ruled unconstitutional by KY Supreme Court

https://www.wkyt.com/content/news/Kentucky-Supreme-Court-rules-Marsys-Law-amendment-too-vague-511239042.html?
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Good.
Link Posted: 6/14/2019 12:04:05 AM EDT
[#33]
whew..... that was a close one.   Thanks for posting.

But this:
Republican state Sen. Whitney Westerfield, a supporter of the amendment, said he was "very disappointed" in the Supreme Court's ruling, saying their judgment is "upending the will of the voters."

I know nothing about that R but I know I don't like him/her/it

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