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Say vs. Adams Print E-mail
Tuesday, April 29, 2008, 1:36 pm

In this case, the ACLU of Kentucky successfully challenged a 2006 amendment to Kentucky's Concealed Deadly Weapon permit law that required applicants to be United States citizens.  We challenged the requirement under the Fourteenth Amendment's Equal Protection clause as unlawful discrimination on the basis of alienage and as a violation of federal immigration laws.  ACLU cooperating attorneys from Frost Brown Todd's Cincinnati office successfully argued to U.S. District Court Judge Russell to prohibit the state from enforcing its citizenship requirement against the plaintiff, a lawful permanent resident from Britain.  

In response to the court's March 14, 2008 ruling, the Ky. Legislature amended the law on April 14, 2008, by eliminating the citizenship requirement.  The state then filed a Motion to Dismiss arguing that because the challenged provisions were no longer in effect, the court should dismiss the case.  Both sides will brief the legal issue for the court and a decision is likely later this summer.

 

 
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