For those who do not understand my point yet, it’s about supporting the rule of law.
Regarding the newspaper article of 16 February, 2009, in which the RCIPS said, ‘Firearm… licenses will be denied…if the incorrect form is used’; that is what any law-abiding person would expect the RCIPS to say and do, however that is not what the RCIPS is actually doing. Instead, against their own opinion, the RCIPS is distributing the incorrect firearm application forms to the public, in hard copy and via its website at www.rcips.ky/firearms_applications.htm
The RCIPS is wrongly claiming that the firearm applications forms, which they are distributing to the general public are, ‘… acceptable and lawful’, however, the RCIPS has omitted to inform the general public that neither the RCIPS nor the Legal Department have the authority or power to authorise any firearm forms to be distributed to the public without the prior approval of the Governor in Cabinet; which they do not have.
I have a copy of the opinion from the Legal Department and it does not say what the RCIPS says it does.
Section 20(b) of the Firearms Law (2008 Revision) (‘the Law’) makes it clear that firearm applications shall ‘be in the prescribed form’ In this case, ‘prescribed’ means that forms must be written into Regulations (1999 Revision) (‘Regulations’).
Section 43 of the Law reads, ‘The Governor may make regulations for the better carrying out of this Law and, in particular, but without prejudice to the generality of the foregoing, for prescribing anything required or permitted by this Law to be prescribed.’ In the First Schedule of the Regulations, the Governor in Cabinet has prescribed the correct forms.
In other words, it is unlawful for the RCIPS to distribute any other firearm forms than those which are currently prescribed in the Regulations; and rightly so, because if the current Acting Commissioner of Police, by his own admission, cannot understand why private persons would want to privately own firearms, then clearly anyone can see what he would do if he did have the power to change those forms at will.
The frosting on the cake is this; prospective applicants for a firearms license cannot obtain the correct firearms application forms from the RCIPS, because they are refusing to distribute them to the public.
If you think I’m joking, it gets worse; the RCIPS is also refusing to distribute the Form H (Notice of Appeal) application, which must be used if applicants wanted to appeal against a decision of the Commissioner of Police. As of 4.26pm on 19 February, 2009, the Form H is still unavailable. Even the RCIPS’ Professional Standards Unit, which is responsible for discipline has proven useless on this issue of incorrect forms.
The RCIPS is not empowered to rewrite or ignore the Laws, but are only empowered to enforce them, anything else is unlawful and I demand the RCIPS start respecting the Law.
Dennie Warren Jr.