LOUISVILLE, KY (July 15, 2024) – Attorney General Russell Coleman and Jefferson County Commonwealth’s Attorney Gerina D. Whethers announced today that they filed a brief in the Kentucky Court of Appeals to overturn a Jefferson Circuit Court ruling, which would allow a convicted drug trafficker to possess a firearm.
The Attorney General’s brief argues the Court of Appeals should find Kentucky’s felon-in-possession law constitutional, especially in light of the U.S. Supreme Court’s recent ruling in United States v. Rahimi. In the 8-1 opinion, the Justices underscored that laws like Kentucky’s that prohibit felons from possessing firearms are “presumptively lawful.” Otherwise, the Attorney General argues, the Jefferson Circuit Court’s ruling would clear the way for a murderer, rapist or child abuser to possess a deadly weapon.
“It’s unthinkable that the law would give even the most violent felons a broad right to possess deadly weapons. The U.S. Supreme Court has made unmistakably clear that the Second Amendment does not prevent states from protecting families from violent crime and deadly drugs,” said Attorney General Coleman. “Together with Commonwealth’s Attorney Whethers, LMPD and our other partners, we will continue to bring zealous collaboration to protect this community.”
In March, the Jefferson Circuit Court ruled a state law barring felons from possessing firearms was unconstitutional and that prosecutors could not move forward on a charge against Jecory Lamont Frazier, a convicted drug-trafficking felon. Attorney General Coleman and Commonwealth’s Attorney Whethers quickly announced they would appeal.
“Our main priority is to play a part in creating a community where safety thrives, and I’m pleased that our team can work together with Attorney General Coleman and law enforcement for that end,” said Commonwealth’s Attorney Gerina D. Whethers. “We are firm defenders of the Constitution of the United States, the Constitution of Kentucky, our state laws, and past legal rulings on this issue, which make clear that the right thing to do is to preserve the Second Amendment for upstanding citizens and thwart access to weapons for violent convicted offenders.”
Even while this appeal was pending, the same Circuit Judge considered another Second Amendment challenge in a separate criminal prosecution. That time, the Circuit Court upheld the statute, acknowledging that the inconsistency in the rulings was “obvious and intentional.”
The Attorney General’s Solicitor General Matt Kuhn, Principal Deputy Solicitor General Jack Heyburn and Assistant Solicitor General Sarah Christensen, along with Appellate Chief Jason Moore from the Office of the Jefferson County Commonwealth’s Attorney, prepared the Commonwealth’s brief.
Read the Attorney General’s brief.
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