KY House Bill 236

HOUSE BILL 236

Sponsor: Rep. J.R. Gray, D-Benton (jr.gray@lrc.ky.gov)

Key provisions: The bill would add language to Kentucky's general principles of justification law:

In certain circumstances, a person is presumed to be in reasonable fear of death or harm when using defensive force intended or likely to cause death or great injury, and is immune from criminal and civil action for such use of force.

Defensive force can be used against an intruder in a person's home or vehicle.

A person does not have a duty to retreat and has the right to "meet force with force" when attacked where he or she has a right to be.

Excluded are use of force against a police officer carrying out official duties and a lawful resident or owner of a home or vehicle, and a person using force to further an illegal act.

House panel backs bill allowing deadly force against intruders

Rep. J.R. Gray, D-Benton, sponsored House Bill 236 on behalf of the National Rifle Association, saying people shouldn't be expected to avoid a confrontation by running away.

"If someone is trying to break into your home in the middle of the night and you've got a fear for your life ... you have a duty under present law to retreat, go to the farthest corner of the room, I guess, and hope the intruder doesn't try to shoot you while you're retreating," Gray said.

Court rulings going back to 1931 have said that people have a right to protect themselves, their families and their property, with deadly force if necessary, Gray said. His bill would put those rulings into state law, he said.

"If you're convinced that that person is about to use deadly force against you, then you have the right to strike back with deadly force," Gray said.

When I took my CDWL class that's pretty much how it was explained about deadly force. If you thought someone's life was in danger you could use deadly force. Also included were if someone was trying to rape someone or trying to burn down you house or barn. I'm not sure where the arson part came into play though.

This Kentucky House bill would support not only NRA members but all property owning citizens. You would think it was common sense if you believed your life to be in danger that the law would support you but I am afraid that is not the case. Read this true story, based on reported facts and what I know of the events and see if you don't think we need this clearly defined law on the books.

Dustin Hoffman was a U.S. Marine veteran, having served during Desert Storm and Operation Just Cause in Panama. He received a Meritorious Mast for his contribution during Desert Storm. Dustin was also a paraplegic confined to a wheel chair from a hunting accident. For a while someone had been stealing things from his garage and around the house while his mom was gone. Being a paraplegic there wasn't much he could do about it because by the time he could get out there they were gone. Calling the police outside the city limits isn't going to help much either because they will be long gone before the over worked State Police could get there (and if the Gov has his way they will be too busy pulling people over for not wearing their seat belts).

In 2003 a convicted felon who used to be a friend of Dustins came by. One who Dustin also thought was the one stealing from his garage. The odds of that are pretty high because the felon was currently under indictment for stealing a 4 wheeler from a garage and then assaulting the woman who owned it when she confronted him. All we know for sure is that David Woodward went into the house and was shot by Dustin twice in the chest with a .22 rifle. Woodward later died at the hospital. Woodward's girlfriend was in the car at the time. From what I understand she told the police at the scene they had stopped by to invite Dustin to go to church with them. Now I'm sorry but when I heard that I almost laughed out of my chair but I suppose it makes a better story than I was the get away driver for a home invasion burglary.

Dustin was indicted by a county "blue hair special" Grand Jury for excessive force. By "blue hair special" I mean the old bitties that usually make up a small town jury. Ironically I could not find that in the archives of the papers anywhere. A paraplegic for fear of his life as far as we know was indicted for excessive force because he shot a man with a .22 twice in his own home.

Obviously if I shoot an intruder I am going to be screwed because I sure as hell am not going to be using a .22 but more like a .223. Just like I taught my wife I will fire until they are no longer threat meaning they are on the ground. If that takes 2 rounds or 30 and I have to reloathat'sts the way it works.That'sts the way the police are trained is it not? Fire until they are no longer a threat.

Dustin sadly committed suicide. We can only imagine what he was going through. He faced life in that chair, had just killed a man he knew in his own home and was not facing possibly going to jail. As far as I am concerned every one of those jury members played a small part in Dustins decision to take his life. The countattorneyny at the time did not seek reelection and its a damn good thing. I was sort of hoping we would I was looking forward to him campaigning for my vote so I could tell him what I thought of him pursuing charges against Dustin.

Semper Fi Dustin.

Bill would ban online hunting in Kentucky

Now that is an anti-hunting measure I can get behind. What sort of low life would even remotely think that constituted "hunting"? A large part of me thinks this concept would never get off the ground in the first place but better to "nip it in the bud".


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Port saga continues

So after having a little more time to sink in I thought maybe it might start to make some sense. After talking to some more in tune with how things work off the radar it was pointed out that how the UAE acts in public and how they help us behind the scenes are 2 different beasts. Sure they are not the only country in the middle east that wishes to cooperate with us but has to satisfy their ignorant masses at the same time. If it was a company from a middle eastern muslim type country taking over the ports it would cause me concern. But for this particular company it would seem that it is owned by the UAE. So a foreign power would running the ports. That does not have a good vibe no matter how you slice it. While the Coast Guard and Custom would still be doing their thing foreign ships who sail into ports everyday would now be dealing with the UAE company. We all know that the Coasties and Customs do not have the budget nor every will to inspect every shipping container. So I think the key ingredient here is would this takeover make it any easier to smuggle into this country.

I thought maybe W knew something we didnt. They have been working on a good trade agreement with the UAE and perhaps it would also give us leverage in the war on terror. Well it looks like I thought wrong.

WASHINGTON — President Bush was unaware that a controversial deal to sell shipping operations at six major U.S. seaports to a United Arab Emirates-owned firm was in the works until it was approved by his administration, the White House said Wednesday.

Oh yeah thats going to make me sleep better tonight. As usual it looks like the White House has dropped the ball on getting info out to Congress and the Senate. Now some of the biggest liberal assclowns look like they are more on top of national security than the W White House. Wonderful.

Cooler heads are prevailing over at Argghhh!! and they even have an email from a member of the Coast Guard here.

Perhaps this deal will work out for the best if it goes through. More trade with UAE and the politicians who are using it for the next election will dip into their pork projects and give the Coasties more funding to do their job.

Joined the Gun blog community

Now there is something near and dear to my heard my 2nd Amendment right to bear arms.

You want WHO to guard the henhouse?

So for those that live under a moss covered rock W thinks its okay for Dubai Ports World who is owned by the govt of the United Arab Emirates to guard some of our nations ports.

As a 2 time voter of W I can forgive a lot of mistakes. I really thought you should have waited for the 2nd term to take out Iraq and to give the boots on the ground not to mention the intelligence assets more time in Afghanland. This unholy beast called the Homeland Security dept that is spending like there is no tomorrow. Leaving us no viable candidate to run against Hitlary in 2008. But this I cannot stand for.

How can someone with ears that big have his head so far up his ass?

The real question is what's Jeb going to do at this point. Will he support W or stand up for the security of the Miami ports?

Support the Danish build a Death Star!

Already eaten all the Danish cookies and cheese you can stomach? Want to own the Ultimate power in the universe? Well here it is some assembly required.

Death Star II

Or how about an Imperial Star Destroyer!

Hey if Lego's aren't your thing thats cool you can always send them to me. But you know Lego the one I am really holding out for is the Super Star Destroyer Executor. HINT HINT!

So go buy your kid (or me) some Lego's and support the Danish!

KY House OKs nurse prescriptions

FRANKFORT, Ky. (AP) -- Advanced registered nurse practitioners could prescribe patients medicines, including potentially addictive prescription drugs, under a plan the House passed Friday.

Nurse practitioners could write patients limited prescriptions for drugs such as painkillers, which include OxyContin, morphine and methadone. In some instances, patients could only receive three days' worth of the prescription medication.

Proponents say the bill would help lower Kentucky's Medicaid costs by decreasing the load on emergency rooms across the state. It would also help patients living in the state's rural areas where in some cases there are fewer doctors, proponents say.

I can think of a few rural locations right off the top of my head that do not have access to an MD but do have a Nurse Practitioners. I can honestly say I know several who I would take over and MD hands down. Most ER's have Nurse Practitioners now because they can't staff enough MD's for the non emergent patients.

Of course not everyone is happy:

Still, Rep. Howard Cornett, R-Whitesburg, held up four pages containing the names of drugs nurse practitioners would be allowed to give patients. Cornett said his eastern Kentucky district is fighting a drug epidemic and allowing more availability of potentially addictive medications would worsen the situation.

"Let's not make any more drug addicts than we already have," Cornett said.

So Howard is that the same Eastern KY that is in short supply of MD's? I could see why if I could work anywhere in the state I would want to locate my practice in Eastern KY where people try to pay their bills with livestock. You think MD's don't already hand out scripts for Lortab like its Skittles? So the failing war on drugs means more to you than available health care?

$1 Million + a car and a goat with pretty eyes..

So I think its been pretty well covered by now that some goat f*cker leader has cobbled together some sort of bounty for the head of the danish cartoonist. So then I see in the McPaper a little reprimand from his counterparts. I have never really liked Pat and generally tend to think he talks out of his ass. Mostly I think he stirs the poo just to keep his name in the spotlight. I would imagine that the people that tune into him and his ilk are literally a dyeing audience. I would hope most baby boomers have better things to do than tune into the 700 Club and send that idiot money.

Even though in the past he has made some outlandish comments and he did recently call for the US govt to elimiate Hugo "I'm a target" Chavez it could be worse. For one I would say that Hugo is a very real clear and present danger to the US and the US economy through the supply of oil. But at least he didn't try to personally cobble together a bounty for ole Hugo unlike a certain "religion of peace" leader has.

Comparison of Zimbabwe, Libya and Guantanamo Bay

Great article posted here.

"It doesn’t matter whether members of our commission come from countries that violate civil rights,” said Manfred Nowak, who passes for an 'anti-torture envoy' with the UN and is one of the authors of a report that recommends the closure of Guantanamo Bay on CNN’s ‘Your World Today’ (2/16/06). This statement offers remarkable insight into the aptitude and priorities of the United Nations while chipping away at any conclusion that this is an objective body with serious opinions.

Thats pretty much spot on. The UN is a joke and the Human Rights Commission is twice the joke. I would just be happy if they would just move the damn thing out of the US we have enough home grown crooked politicians without importing them.

So long to the Tomcat

The Navy announced Thursday that the last F-14 mission was completed Feb. 8, when two Tomcats landed aboard the USS Theodore Roosevelt after one dropped a bomb in Iraq.

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Sigh the Jolly Roger flying on the F-18 just doesn't seem the same. Long before Topgun I always admired the looks of the F-14. Thats hardly suprising since I was a big fan of the F-4 that it replaced. First the VF-84 and now the F-14...sigh...

Kate Dillon Friday edition

I wonder how many hits I have to generate to warrant a Lane Bryant banner ad. I would gladly waive the referral fees to have fresh pics of Kate showing up on the blog. Speaking of Kate why don't you have a website yet? Of course its not like with all the Avenue and Lane Bryant ads scattered across the net you are suffering from a lack of publicity.

Aw well its Friday how about a Kate Dillon pic of the day:



All pics copyright whoever the hell took them in the first place. But this one currently resides as my desktop. :)

Hehehe

Seat belt law KO'd by KY house

Fletcher has endorsed making a seat-belt violation a primary offense, which would allow law enforcement to stop motorists just because they aren't buckled up.

Fletcher's administration put its weight behind reviving the bill.

"As soon as this vote was counted and we fell short ..., we were on the phone with (House) members to let them know the governor wants this bill," said Fletcher spokesman Brett Hall.

Gov Fletcher more intrusions on my personal freedoms is not the reason I voted to send you to Frankfort to "cleanup" the mess. The fact that you can stand there and support this bill not long after the helmet law was repealed in this state makes you look foolish.

Don't you think the police in KY have better things to do with their time like catching real criminals? The State Police were so undermanned/underfunded that you turned the KYDOT (now known as vehicle enforcement) loose on the general public. Sitting in the medians writing speeding tickets isn't even amusement now?

I am however pleased that you are attempting to get KY caught up with the border states by raising the speed limit from 65 to 70.

The people supporting this bill say they support it because it will save lives. There are many ways to save lives on KY highways without infringing on my personal freedoms. I worked 7 years on the streets as an EMT I think I know a little about the subject. How about auto inspections before you can get your plate every few years. Have you taken the time to notice the rolling lumps of crap that pass for cars in this state?

Cincinnati Enquirer opens its piehole about CDWL holder privacy

In researching who is going to oppose House Bill 920 I ran across this editorial.

The Kentucky Press Association has objected to exempting concealed-carry permit holders from the Open Records Act. If HB 920 passes, Kentuckians will have no way of knowing if sheriff's offices are issuing permits to criminals or the mentally ill.

You ever hear of a background check you twit? I thought the job of the press was to report the news. Since when did protecting the public from gun wielding maniacs become part of the job description?

This is another case of privacy claims colliding with the publics right to know.

Why is my having my CDWL part of the public right to know?

The paper then goes on to whine about how HB920 would also allow CDWL holders to keep their weapons in their cars on company property. Well my car is my personal property dipshit. If I carry a gun when I am not at work where to you propose I keep it when I go in? If I cannot carry my gun on the way to work or home at midnight what's the damn point in having my CDWL?

Maybe the Enquirer should worry more about its festering shithole of a city and less about what's going on across the border. You know traveling through 3rd world places like Cincinnati is the reason I got my CDWL to start with.

One step closer to privacy for conceal carry holders.

The Kentucky House Judiciary Committee passed House Bill 290 to keep private the names and the records of training completed by people who hold concealed-weapons permits. In all the news articles I have read so far it says the bill is to keep "secret" the names. I wonder why they chose the word secret over private. Maybe it has something to do with the fact that the Kentucky Press Association opposed this bill.

Sen. Gerald Neal, a Democrat from Louisville and a member of the Senate Judiciary Committee, said he objects to the secrecy provisions.

"Firearms are dangerous," he said. "People should know who has these firearms."

Not suprising coming from a Louisville Democrat.

But the committee, which includes six Republicans and nine Democrats, approved the bill unanimously, despite the objections of Kentucky Press Association lawyer Ashley Pack.

"Why would names be confidential?" she asked the committee. "The press and public have an interest in knowing."

The press and the public can kiss my CDWL holding ass. Its none of your business. The public/press does not have a right to stick its nose in everyone's business.

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Welcome Home Gentlemen

The remains of four 101st Airborne Division soldiers, who had been missing in action for nearly 35 years, have been identified by the Department of Defense POW/Missing Personnel Office.

They were:
Maj. Jack L. Barker of Waycross, Ga.;
Capt. John F. Dugan of Roselle, N.J.;
Sgt. William E. Dillender of Naples, Fla.;
Pfc. John J. Chubb of Gardena, Calif.

Not forgotten!

Source and more info.

Faces of Meth

Wow. Show that to your kids to show them what drugs does to your body. If it does that to your face just imagine what it does to your brain and everything else. My favorite has to be the red headed woman who grows the crazy afro, middle column far right.

Link here

Who the hell is Debbie Schlussel anyway?

Whoever she is she must be very thin skinned for a blogger. I was much amused reading the foul mouthed critique of her article on the Danish by Darth Misha yesterday. Now today I see he has had to edit his post after being threatened with a lawsuit by a person who is against frivolous lawsuits? A conservative that is concerned about free speech is she?

Well I can understand if she was upset by the comments of the sexual nature. But what really astonished me was how she abused and insulted one of her self described fans in the comment section (scroll down to comment #133).

So I followed the link to her site to read some of her other articles. From her pic she does have nice boobs just like Misha said. But after scrolling down the page I ran across the ad for a Defeat Hillary shirt from ThoseShirts.com a conservative shirt store. I'm curious Debbie what is your view of the model wearing American flag shorts pulled tight up into her twat? Apparently being the daughter of a "Vietnam-era Army Veteran" is different from being the son of a Vietnam combat vet. I'm more of a Libertarian myself but I find that pic very disrespectful to our Flag.

Slavery and the Founders

Slavery and the Founders
Our Founders were not Ignorant
By John D. Turner

"He has waged cruel war against human nature itself, violating it’s most sacred rights of life and liberty in the persons of a distant people who never offended him, captivating & carrying them into slavery in another hemisphere, or to incur miserable death in their transportation thither. This piratical warefare, the opprobrium of INFIDEL powers, is the warfare of a CHRISTIAN king of Great Britain. Determined to keep open a market where MEN should be bought & sold, he has prostituted his negative for suppressing every legislative attempt to prohibit or to restrain this execrable commerce".
-Thomas Jefferson
The Declaration of Independence: Original Draft

How different American History might have been had these words, penned by Thomas Jefferson in his original draft of the Declaration of Independence, been allowed to stand. Words, which condemned the British king for allowing the slave trade to flourish, and for introducing slavery into the colonies in the first place. Words which the delegations from Georgia and South Carolina, who were unwilling to acknowledge that slavery violated the "most sacred rights of life and liberty", found offensive and therefore were stricken from the final document.

Read the rest here.

I found this on a Banner ad over at The Rott. I read it last night late and found it such a great read I read it again this afternoon.

Kanye West in Playboy

I just finished reading the Playboy interview with Kanye "Bush doesn't care about black people" West. When all that happened I sort of wrote him off as just a stupid rapper running off at the mouth. To be honest I had never heard of him and I don't think I missed anything. After reading the Playboy interview I noted two interesting quotes that back up my original assessment:

West: I'm not into politics at all. I can't even name the people in politics.

West: But I do believe the theory that AIDS was being placed in Africa. I do believe the FBI placed crack in the black community. I believe the U.S. government gave smallpox to the Indians. I believe financial institutions are capitalizing on the African AIDS epidemic.

Yeah ok I suppose he is a college dropout afterall. The only thing that really frightens me about that is he might have learned that in a classroom somewhere.

Valentines Day Pic!

What better way to celebrate Valentines day then a pic of Kate Dillion.

Hollywood stars show true colors again!

I know Gary and Billy's careers have been so close yet so far away from stardom for some time now but how far will they go? How about stirring anti-American sentiment among our allies in Turkey.

The latest in a new genre of Turkish popular culture that vilifies the United States, a Turkish movie shows American soldiers in Iraq crashing a wedding and pumping a little boy full of lead in front of his mother.
They randomly machine-gun dozens of people to death, shoot the groom in the head and drag those left alive to Abu Ghraib prison - where a Jewish-American doctor cuts out their organs, which he sells to rich people in New York, London and Tel Aviv.



Valley of the Wolves: Iraq, which opens in Turkey today, feeds off the increasingly negative feelings many Turks harbor toward their longtime allies: Americans. It stars Billy Zane as a self-professed "peacekeeper sent by God" and Gary Busey as the doctor.

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It already has the message boards at IMDb hopping already as well. You guys are true Americans. Free expression my ass you assclowns. Stirring anti-American sentiments in an area where real Americans are in harms way is nothing less than a treasonous act.

Sick and can't sleep I need Nyquil

The Patriot Act makes me feel so much safer no wonder I slept so well last night. As usual Dianne you are late to the show. My state (as well as most of the surrounding states) already have laws passed concerning this. What this means is as a law abiding citizen I can 15 minutes to my trip to Walmart to stand in line to get Nyquil. Let me tell you when I am already sick that is going to make me one grumpy bastard.
But wait won't having to show a photo ID be discriminatory to blacks? Isn't that what we hear come election time when people get incensed that they should have to prove they are actual citizens to vote?

The Patriot Act compromise agreed to Friday included a provision to combat illegal methamphetamine by limiting sales of cold remedies used to make the highly addictive drug.

The measure is a compromise reached after months 'of haggling over the 30-day limit. Sens. Dianne Feinstein, D-Calif., and Jim Talent, R-Mo., who pushed the legislation in the Senate, insisted the limit was needed.

They had sought various ways to get their legislation through Congress, finally attaching it to the Patriot Act, only to find their efforts frustrated when the bill stalled in December over concerns that civil liberties protections were being shortchanged.

Oh by the way Dianne the last box of Nyquil I got came from drugstore.com so stick that in your cornhole.

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