Posey v. Commonwealth

I concur in the majority’s opinion regarding the Fourth Amendment issue, but I dissent on the constitutional rights of “self-defense” and to “bear arms.”

It is simply wrong to arrest, charge and convict Kentuckians of “felony crimes” for keeping a weapon in their own home— without any evidence the weapon was intended to be used for unlawful purposes. Such a practice violates all of our rights to “bear arms in defense of [ourselves and others]” and our rights of self-defense. See Ky. Const. § 1(1, 7). Thus, I write *184separately to remind Kentuckians of what our forefathers left us in the Bill of…