LOUISVILLE, Ky. (WDRB) — The Kentucky Court of Appeals on Friday reversed a controversial Louisville ruling that had allowed a convicted felon to avoid prosecution on a firearms charge, citing the Second Amendment.
In March 2024, Jefferson Circuit Court Judge Melissa Logan Bellows ruled it was unconstitutional to prosecute Jecory Lamont Frazier under state law that prohibits felons from owning firearms. Bellows argued that the law conflicted with the Second Amendment right held by “all Americans” and noted prosecutors did not present evidence showing a historical tradition of disarming felons after 1791.
State and local prosecutors appealed, arguing that felon-in-possession statutes are presumptively constitutional and that courts have consistently supported disarming those deemed dangerous.
The appeals court unanimously agreed, ruling that Bellows erred. The court said historical precedent shows penalties for felons owning guns were severe at the time of the nation’s founding, supporting Congress’ power to disarm dangerous individuals. Frazier’s charges will be reinstated.
Frazier, who was arrested on November 6, 2021, faced police after a vehicle collision on the 3900 block of Taylor Blvd. Police allege he tried to hide a handgun in his vehicle and handed it to a co-defendant to conceal that he was a felon in possession of a firearm. His prior convictions include drug trafficking, fraud, tampering with physical evidence, and being a felon in possession of a handgun.
Frazier’s attorney, Rob Eggert, cited a 2019 case presided over by now-Supreme Court Justice Amy Coney Barrett, claiming founding-era legislators did not automatically strip felons of gun rights. Eggert also referenced other appeals court rulings and a 2006 dissent by Kentucky Supreme Court Justice Will T. Scott arguing historically Kentucky did not prohibit firearm ownership, even for felons.
The appeals court noted these historical arguments but emphasized that modern law and tradition support disarming those deemed dangerous, concluding that the Second Amendment does not protect felons from prosecution for gun possession.
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