Tuesday, May 29, 2012

Kentucky UK University loses 2a case as predicted.

As I have been predicting for several months now, during our CCDW courses,  the University of Kentucky lost an important case
A reminder of the facts, for those who missed them .In April 2009. Michael Mitchell an anesthesia technician at UK medical center was reported to a supervisor after a co worker overheard him talking about guns.
Michell was interviewed and his locker searched,without result. In an effort to clarify the situation Mitchell told campus police that he did own a gun being a CCDW holder, but it was locked in his vehicle in a parking lot 1/4 mile away at Commonwealth stadium.
He was then taken to his car, his gun was illegally seized by the UK police and the university subsequently fired him from his job. It was clear to all but the troglodytes that run UK ,that these actions were against both State and federal law.
With the aid of KC3 Mitchell appealed through to the supreme court of Kentucky.
The court ruled as follows .
We conclude that Mitchells discharge was contrary to a fundamental and well defined public  Policy
ie the right to keep and bear arms as evidenced by the Kentucky Revised Statute, We further conclude that an explicit legislative statement prohibited Mitchell 's discharge .And that the reason for his discharge was his exercise of a right conferred conferred by a well -established legislative enactments. Therefore UK was not entitled to judgement.
In plain English this means The UK ignored the law,had no legal authority to fire Mitchell and did so anyhow.
Now they will have to pay the penalty. I congratulate KC3 and the Supreme Court. This was a battle we had to win ,here in our own backyard. Another victory for common sense.   

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