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« Gun Owners Against Illegal Mayors | Main | New Park rule takes effect tomorrow »

KY lawsuit over CCW permittee's firearm in parked vehicle

Posted by David Hardy · 20 February 2010 10:05 AM

Complaint, in pdf, here. The plaintiff is an anesthesia tech, working at the university hospital; they fired him over his having a handgun in a car, parked on campus, about a mile away. I haven't checked the KY law, but it certainly sounds like he has a good case. I note they not only fired him, in violation of the statute, but opposed his application for unemployment benefits. Reminds me of what an attorney who does medical malpractice here told me. About 1/3 of his cases arise when a hospital hands off its bill to a collection agency. The family suspected their member had died due to a screw up, but were willing to consider it water under the bridge -- until Acme Collections starts pestering them for $5,000 to pay for the treatment that killed the person.

Hat tip to reader Charles Riggs....

· CCW licensing

5 Comments | Leave a comment

Jim D. | February 20, 2010 11:19 AM | Reply

ACME. I learned as a kid to never trust them.

Wile E. Coyote | February 20, 2010 2:22 PM | Reply

Me neither...

Letalis Maximus, Esq. | February 21, 2010 6:13 AM | Reply

Well, not to put to fine a point on it, Mr. Hardy's description is not as accurate as it could be, I think. A hospital does not usually "hand off" the bill to a collection agency. The hospital SELLS the bill to a collection agency.

Doctors and hospital administrators being mostly greedy little gods in Mercedes Benzs, they just can't understand the wisdom of not getting paid when they killed somebody.

30yearprof | February 21, 2010 12:05 PM | Reply

This situation is why Minnesota law provides:

(c) Notwithstanding paragraphs (a) and (b), an employer or a postsecondary institution may not prohibit the lawful carry or possession of firearms in a parking facility or parking area.

If you can't prohibit, you can't discipline.

Magus | February 22, 2010 1:45 PM | Reply

Should be an open and shut case.

Kentucky Revises Statutes 237.106 states in part:

(1) No person, including but not limited to an employer, who is the owner, lessee, or
occupant of real property shall prohibit any person who is legally entitled to possess
a firearm from possessing a firearm, part of a firearm, ammunition, or ammunition
component in a vehicle on the property.

And goes on to say about someone violating (1):

(4) An employer that fires, disciplines, demotes, or otherwise punishes an employee
who is lawfully exercising a right guaranteed by this section and who is engaging in
conduct in compliance with this statute shall be liable in civil damages. An
employee may seek and the court shall grant an injunction against an employer who
is violating the provisions of this section when it is found that the employee is in
compliance with the provisions of this section.

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