Criminal: POSEY V. COMMONWEALTH (SCOKY; 2/23/2006)

POSEY V. COMMONWEALTH
CRIMINAL – Possession of Firearm by Convicted Felon
2004-SC-000060-DG.pdf
PUBLISHED
AFFIRMING (GRAVES)
CONCURRING OPINIONS FILED (ROACH)
DATE: 2/23/2006

 

SC affirmed Posey’s conviction for POFCF and related offenses.  In doing so, it revisited the issue of whether Kentucky’s statute prohibiting convicted felons from possessing firearms violates Kentucky’s Constitution.  Section 1(7) of the constitution states that "all men … have certain inherent and inalienable  rights, among which (is) the right to bear arms."  SC held that KRS 527.040 is reasonable legislation in the interest of public safety and does not offend Section 1 since convicted felons are not endowed with the natural right to possess firearms.

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