/r/KYGuns
A pro-2A subreddit dedicated to discussing all things firearms-related in Kentucky.
/r/KYGuns
The case name is US v. Brooks, which involves an SBS and 18 USC § 922(g)(1). Dalton Brooks became a “prohibited person” under 922(g)(1) because he had 2 Ohio felony convictions for failing to comply with an order or signal of a police officer and aggravated drug trafficking. Brooks tried to get the charges dismissed as applied to him by citing to cases like US v. Bullock and Range v. Garland, and said that because of his felony convictions, it was impossible for him to comply with gun registration. He also points out that there’s no tradition of requiring arms registration. Brooks in his reply also points out the reading from Heller below is erroneous:
We therefore read Miller to say only that the Second Amendment does not protect those not typically possessed by law-abiding citizens for lawful purposes, such as short-barreled shotguns.
Here, Scalia in Heller is basically trying to “translate” the words in Miller to the words we understand today, or apply the Miller holding from the militia to the “people”. In reality, the words “typically possessed” and “in common use” are rather a historical description of arms that the militiamen would bring to militia musters at the time when they existed. In reality, Miller said this:
The Court cannot take judicial notice that a shotgun having a barrel less than 18 inches has today any reasonable relation to the preservation or efficiency of a well regulated militia, and cannot therefore say that the Second Amendment guarantees to the citizens the right to keep and bear such a weapon.
In the absence of any evidence tending to show that possession or use of a "shotgun having a barrel of less than eighteen inches in length" at this time has some reasonable relationship to the preservation or efficiency of a well regulated militia, we cannot say that the Second Amendment guarantees the right to keep and bear such an instrument. Certainly it is not within judicial notice that this weapon is any part of the ordinary military equipment, or that its use could contribute to the common defense. Aymette v. State, 2 Humphreys (Tenn.) 154, 158.
This implies that the Miller Court is unable to determine if the SBS would be an effective weapon of war, which according to case law actually receive more explicit protection than others like butterfly knives and stun guns.
Brooks actually gives evidence that SBSs are used for lawful purposes:
Historically the short barreled shotgun was used for legitimate lawful purposes. In the 1920’s and 1930’s commercial weapons like the Ithaca “Auto and Burglar” gun being manufactured, marketed and sold. These were pistol grip shotguns with barrels less than 18”. They were legal at the time and meant for civilian defensive purposes. Approximately 2,500 were manufactured from 1921 to 1925. A double barrel version was available in 1925. Wikipedia, Ithaca Auto and Burglar
Furthermore, short barreled shotguns were favored by law enforcement on stage coaches. Historically the short barreled shotguns have been referred to as “coach guns”. They were also utilized in mariner warfare in naval battles.
Finally, Brooks actually points out the emphases of both Heller and Miller: Miller focuses mainly on the militia, its definition, and whether SBS’s are “typically possessed” and “commonly used” by militiamen at musters, while Heller mainly focuses on the “people” because Petitioners like Heller wanted to keep handguns irrespective of militia service.
The judge denies Brooks’s MTD for the following reasons:
Personally speaking, there can be violent instances when trafficking drugs, but apparently, I don’t see any factual findings of him exhibiting any acts of violence. If anything, Brooks, who grew up in a fatherless home, is non-virtuous at the very least. See docket entry.
Also, judges including Republican appointees (like this one) jump the upholding bandwagon for the NFA every time someone tries to throw it out on 2A grounds. If we are not vigilant enough, more judges will keep on upholding them, and we will eventually get anti-gun or anti-constitutional circuit precedents in even the more conservative circuits like the 5th. For example, in US v. Seekins, which challenged 922(g)(1) on the Commerce clause grounds, the 5th refused to rehear en banc. Enough is enough! It’s time that we call our pro-2A groups to file amicus briefs! No more games!
Note: There’s an as-applied 922(g)(1) case on appeal named US v. Goins that has been orally argued on 3/21/2024 in front of Julia Gibbons (GWB), John Bush (Trump), and Eric Murphy (Trump). I have yet to listen to that oral arguments. There’s another 922(g)(1) case named US v. Taylor that has been fully briefed, but not argued yet.
Starting up an ammo collection for display and wondering if anyone knows of any shops that have old and hard to find stuff. Loose ammo is fine. I’ve had some luck at the Louisville gun show, but not much in Lexington or Cave city.
The title kinda says it all. I just recently sold all of my fire arms. (My wife and I just had a child, and we agreed to not have anything like that in the house to be safe.) So now my problem is that I have a lot of ammo that is unused and is taking up too much space. The problem is that because of where I'm located (Mount Eden area) there isn't any place that lm aware of that'll buy ammo. I really would prefer to not use anything online like gunbroker or another of those cites. Would any of y'all have any suggestions or ideas as to where I can sell it? Thanks.
Our gun laws are pretty nice here. Castle doctrine. Stand your ground. Immunity from criminal and civil action in self defense case. No duty to retreat.
I'm considering US law Shield, Right to Bear, or CCW Safe. Anybody have these or yall think it's a scam like many many others?
I'm going to be attending a conference at the university of Kentucky during the summer and had some questions about concealed carry laws in KY. I have a CCW permit within California and after reading information from the KY State Police, it seems that I do not need a permit from KY to carry a concealed weapon. Is this correct? Also, after looking at the university of KY's website it appears that I can only conceal carry on the campus if the weapon remains in the car. Is this correct as well? Thank you in advance for answering my questions.
Anybody have a good system for ammo storage? I have been using sealed cases but at this point that is getting to be a pain. I have a carbon monoxide wash packaging machine, would this be a good method as it would eliminate o2? The sealed cases seem to work fine but I would rather spend money on more ammo than cases and the cases take up so much space. I have been shooting around 5k a year and buying way more than that.
Could an 18 year old give a 21+ year old money to purchase a pistol since it is legal to buy through a private seller would this be a straw sale?
Any ranges here in KY doing a night vision event? I haven’t been able to come across anything with a google search.
Hello, I live in Georgetown, I am looking for others in the area that enjoy shooting.
I am disabled, and I no longer drive so I would need someone willing to pick me up. I have lots of shooting toys, handguns, rifles and I really enjoy shooting.
If you would like to even chat about shooting, I would be interested.
I also used to reload and can talk about that as well.
Louisville and elsewhere is fine too, but I'd prefer it if there were others in Lexington that are worth it. Thanks yall
With OpenRange closing, I am needing to find a new range not far from NE Louisville. Range USA is there, and I have thought about Southern Indiana CMP, but how are the other options?
I have gotten different answers from all various different sources if it it’s okay for me to legally open carry my g42 in public
I’ve gotten so many mixed answers to this it’s unreal this seems like the proper place to ask. I know you have to be 21 to conceal a Handgun in the state of kentucky. Is it legal to keep a handgun in my glove box as a 19 year old. Clearly not in my name because I cannot legally purchase one. I’ve been gifted said handguns over the years. Also anything particular I need to know. Thanks!
I got rid of a few firearms and have a bunch of ammo in 9mm, 223, 12GA, 22LR and 308 that I need to get rid of. What’s the best way to sell them?
Hello. After a recent trip to Kentucky, I'm considering a move to the Bowling Green area. What are the best gun shops and places to shoot in the area? Thanks in advance for any recommendations.
Anyone up for a range day or have suggestions for an outdoor range in Northern Kentucky (Kenton County)?
I have heard of rules like needing an ungodly amount of land between residences near you, but that might have been for other states. I’m just looking to see what sort of things I’d need to think about before I start looking for a permanent home where I’d like the freedom to shoot in my back yard.
I live in Louisville and am not a fan of the indoor range I wish I knew someone who was willing to let me go shoot on their property but sadly I don’t have that connection I would really love to get out and shoot at some distance 100-200 yards I’m just new to the gun world and don’t know where I can make that happen
Looking to get my concealed carry license soon. Anybody have recommendations for an affordable and good-quality class in the Louisville area?
I’m looking for people who are into shooting rifles and handguns. Hoping to get into night vision soon. I’m located in Louisville but occasionally drive up to Corydon to shoot.
Is there anyone in the area interested in ARs and running drills? That sort of thing?
I’m getting into red dots, and my astigmatism is proving troublesome.
I don’t currently wear glasses or contacts, since I had laser eye surgery a few years back. I don’t need them day-to-day, but I’m hoping some prescription eye protection might give me a sharper dot.
Has anyone worked with a gun-friendly optometrist who offers prescription eye protection?