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Message Title: Court Rules Law Banning Deer, Elk Unconstitutional
Author: Autry  Posted: 06\30\2009 21:01
Location: TN
Court Rules Law Banning Deer, Elk Unconstitutional

The Kentucky Court of Appeals recently ruled the state’s law banning the importation of deer and elk to prevent the spread of chronic wasting disease in local herds was unconstitutionally vague.

A three-judge panel ruled that Kentucky’s law did not clearly define what it means to “import” animals into the state. At issue was the case of a Tennessee man arrested in 2007 on charges of illegally importing elk and deer into Kentucky.

McCracken County Circuit Court Judge Craig Clymer had ruled previously that the state law under which Timothy Cory Looper was charged was unclear and thus void. Looper was not convicted.

“He engaged in no deception,” Chief Judge Sara Combs wrote in her opinion. ‘It is reasonable to believe that he drove through Kentucky in good faith — having no fair notice from a statue lacking the precision to alert as to the possibility of criminal consequences.”

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