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Posted: 12/4/2014 9:28:12 PM EDT
Back in Oct. I got a call from an employee of Hardin Co. Schools. He told me that Hardin Co. Schools(HCS) would not allow guns to be stored in personal vehicles parked on school grounds. Someone asked what the policy was and got the answer from question #2 on the form below. The answer is total nonsense.

https://drive.google.com/file/d/15Hc3iEU3BWdZ2L0XOitOy2PO6SDDPgXO6dMeJfA4AKeHNiAtqREUXj8A7E-TBAObAI6lduipFo1KN54b/view?usp=sharing

Some of the employees feared that there would be retaliation if they objected to this. I told them to let me handle it, there is nothing they can do to me.

I spoke with the Chair of the School Board and she was completely in the dark about the law, but promised to read the state statutes that I sent her. About a week later I spoke with HCS Superintendent Nannette Johnston. I had sent her the same statutes, but she had been in DC for a conference. After a couple of phone calls she told me that the question would be resummitted and reanswered. This new answer came out Monday, Dec.1. Once again, look at the answer to question #2.

https://drive.google.com/file/d/1G3nUr_QZC7s7l1ohM87WBDUyyhUtYYBtij4J78AYsVKus9y8XrvJxVxtWxoQfCWvdLQ-nhAw_c-lQJZC/view?usp=sharing

All is well.
Link Posted: 12/5/2014 6:19:03 AM EDT
[#1]
Link Posted: 12/5/2014 9:02:05 AM EDT
[#2]
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Quoted:
Thank you Sir!
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This.  I hate when people try to enforce their own imaginary laws, especially when such rules actually violate the law.

Link Posted: 12/5/2014 9:22:54 AM EDT
[#3]
Thank you for all that you do sir.
Link Posted: 12/5/2014 9:41:47 AM EDT
[#4]
Several friends work at HCS and will be happy to see this.
Link Posted: 12/5/2014 9:54:49 AM EDT
[#5]
Link Posted: 12/5/2014 5:11:05 PM EDT
[#6]
It's not just concealed carry card holders. Anyone legally allowed to posses firearms is allowed to bring a firearm on school grounds inside there vehicle as long as it doesn't leave the vehicle at any time.
Link Posted: 12/5/2014 5:49:37 PM EDT
[#7]
You are right and I pointed that out to Superintendent Johnston. She said that the question that had been asked was only about CCDW licensees and she didn't want to get into any side issues. That is a reasonable position, she got herself into enough trouble with this question. The question was asked and has now been answered correctly. The question should have never been asked. The law is clear on this subject. Why ask and give them the opportunity to get it wrong? Just do what the law says you can do. I doubt that they are going to be searching cars in the parking lot. Even if they do, it is legal and they now know it.
Link Posted: 12/5/2014 5:57:18 PM EDT
[#8]
They sure bury a yes answer don't they? If a person doesn't look into the KRS you could assume that firearms in a vehicle are prohibited.
Link Posted: 12/5/2014 11:19:38 PM EDT
[#9]
Not only are they legal in your own car but if they try to fire you as a school employee you can

seek and shall be granted financial retribution according to state law.
Link Posted: 12/6/2014 10:55:45 AM EDT
[#10]
I like this. +1 for 2nd amendment conservation
Link Posted: 12/7/2014 6:15:27 PM EDT
[#11]
So, this is state law? I need to drop my son off at school tomorrow and go in and talk to the principal. I was going to park next door, off of school grounds since I always have guns in my car. As long as they stay locked in the car, I'm good to park in the lot at his high school?
Link Posted: 12/7/2014 9:25:16 PM EDT
[#12]
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Quoted:
So, this is state law? I need to drop my son off at school tomorrow and go in and talk to the principal. I was going to park next door, off of school grounds since I always have guns in my car. As long as they stay locked in the car, I'm good to park in the lot at his high school?
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Here is a link to the state statute. Look at paragraph 3(a)

http://www.lrc.ky.gov/statutes/statute.aspx?id=19962

You should also be aware of the Federal Gun Free School Zone Act and the exceptions to it.
Link Posted: 12/8/2014 10:08:39 AM EDT
[#13]
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Quoted:


Here is a link to the state statute. Look at paragraph 3(a)

http://www.lrc.ky.gov/statutes/statute.aspx?id=19962

You should also be aware of the Federal Gun Free School Zone Act and the exceptions to it.
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Quoted:
Quoted:
So, this is state law? I need to drop my son off at school tomorrow and go in and talk to the principal. I was going to park next door, off of school grounds since I always have guns in my car. As long as they stay locked in the car, I'm good to park in the lot at his high school?


Here is a link to the state statute. Look at paragraph 3(a)

http://www.lrc.ky.gov/statutes/statute.aspx?id=19962

You should also be aware of the Federal Gun Free School Zone Act and the exceptions to it.


What does the Federal Gun Free Zone Act state? Would This supercede a Kentucky state law on a Kentucky School property. I thought they only applied to federal buildings and properties.

Edit: I'm interested to see responses to my questions. I read a little of the Federal Gun Free Zone Act and I'm a little worried about that now. However, I'm not convinced it would apply to someone keeping the gun in the person's car which is private property

and considered so in Kentucky state law. Which provides protection under state law for law abiding gun owners on school grounds and even from employers.
Link Posted: 12/8/2014 3:04:07 PM EDT
[#14]
So, do you think the federal law against kidnapping only applies on federal property? Federal laws apply everywhere in the U.S. and it's territories. Federal and state laws act simultaneously. We must obey both. If one is more restrictive than the other, we must obey the most restrictive. Sometimes, one has some more restrictive section and some less restrictive sections. We need to figure it out. The GFSZ Act says that you cannot be in possession of a firearm within 1000 ft. of any school property. There are several exceptions. One is for a person that holds a CC license issued by the state where the school exists (reciprocity does not count). Another exception is on private property within the school zone. There is an exception for law enforcement on official business. Another for a gun that is unloaded, locked in a case or rack. There are several more, but I doubt they would fit many here. If you don't fit into one of these exceptions, you can't legally even walk down the street with agun if you are within 1000 ft. of school property or drive past a school with a gun in your car. You should read the law and understand it. With all of this being said, this law is seldom enforced. Who is going to enforce it? Is the FBI or CIA going to come check every grade school parking lot? The few times it was used to charge someone, it was because that person had committed some other crime first and this was added on. The original GFSZ act was declared unconstitutional. Congress made a few minor changes and passed it again. The Feds don't seem too interested in pushing it. But, if you get into trouble in a school zone (even trouble with your employer) and they want to nail you, you could be charged with it.This law is broken millions of time a day by millions of people. Enforcement is almost non existent.
Link Posted: 12/8/2014 6:59:24 PM EDT
[#15]
With all do respect this is hardly in the same category as kidnapping. Kidnapping requires federal intervention to handle the crime. Fed hardly ever step in on a state matter. This is a state matter. Federal.laws can only be charged by federal authorities. They usually rarely if ever step in on a state matter. I seem to remember something in my law regarding no more stricter federal law can be created to restrict kentucky state law further. I will have to look that law up.
Link Posted: 12/8/2014 9:11:08 PM EDT
[#16]
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Quoted:
With all do respect this is hardly in the same category as kidnapping. Kidnapping requires federal intervention to handle the crime. Fed hardly ever step in on a state matter. This is a state matter. Federal.laws can only be charged by federal authorities. They usually rarely if ever step in on a state matter. I seem to remember something in my law regarding no more stricter federal law can be created to restrict kentucky state law further. I will have to look that law up.
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If such a law exists, which I doubt, the feds would ignore it and tell Ky. to go pound sand. The regulation of schools is subject matter that federal laws are heavily involved in. As is gun control. They don't give a damn if they step on a few toes in the process. They could always send in a couple of hundred US Marshalls to enforce what ever they want.With a Governor like Steve Beshear, who do you think would try to stop them? I understand that you don't like the GFSZ act, but to just ignore that it exists and think that we are all beyond the reach of it is unwise. It is rarely used, but is something to think about. A state issued CCDW takes care of it in Ky. Just one more reason to get one. Yes, Federal prosecutors would have to charge you with a federal crime in federal court, but local official apprehend, arrest and hold for pickup federals violators every day. For years that how most illegal immigrants (federal charges) were caught before being deported. Now, we all know that has stopped but the process would be the same. Many kidnappings are solved without the assistance of the FBI or any other federal agency. State police and local units have solved many such crimes, before the victim could be removed from the county, much less the state. Its very common in child custody cases.
Link Posted: 12/9/2014 8:07:33 PM EDT
[#17]
Great work softpoint!
Link Posted: 12/10/2014 4:59:27 PM EDT
[#18]
kentucky did in fact pass a law this past year during the threat of new guns laws from out president that said no new federal guns laws would be recognized in kentucky. I'll have to look it up.

Im pretty sure having a concealed carry gives you know more rights to carry on school grounds in your vehicle under Ky state law than a legal person without a CCW.
Link Posted: 12/10/2014 6:21:21 PM EDT
[#19]
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Quoted:
kentucky did in fact pass a law this past year during the threat of new guns laws from out president that said no new federal guns laws would be recognized in kentucky. I'll have to look it up.

Im pretty sure having a concealed carry gives you know more rights to carry on school grounds in your vehicle under Ky state law than a legal person without a CCW.
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It sounds like you are referring to HB 429 from last year. That bill never got a hearing and went nowhere. A CCDW give no "rights" to anyone. It conveys a "privilege" to conceal weapons we are already able to own and carry. Under state law any adult that can legally own a gun can keep it in his car on school property. Federal law makes it a crime without the CCDW.

You can see HB 429 here:
https://drive.google.com/file/d/0B7qeD3iohbX2Q3N5VjlqUm1JU2M/view?usp=sharing
Link Posted: 12/12/2014 8:22:01 AM EDT
[#20]
Federal laws apply everywhere in the U.S. and it's territories. Federal and state laws act simultaneously. We must obey both.
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Slightly off topic but...  CO & WA have set up a precedent where federal laws don't trump state laws...
Link Posted: 12/13/2014 4:45:44 PM EDT
[#21]
Is it against the law to have a gun locked in your vehicle on other state properties?  Such as a state maintenance garage?

I'm asking as an employee of a state maintenance garage,  and no I can't ask management because they would be clueless on this issue.
Link Posted: 12/13/2014 8:56:34 PM EDT
[#22]
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Quoted:
Is it against the law to have a gun locked in your vehicle on other state properties?  Such as a state maintenance garage?

I'm asking as an employee of a state maintenance garage,  and no I can't ask management because they would be clueless on this issue.
View Quote



It is absolutely legal!!! Not only is it legal in your car, but the state does not (and can not) prohibit the possession of a firearm on your person, openly or concealed, except in some very few cases, such as court facilities and detention facilities. The state can not prohibit anyone from carrying a gun on most state property, whether they are an employee or not. In case anyone does not understand what I am saying. The state does not prohibit anyone(employees and otherwise) from carrying guns on state property, even on the job, as long as the gun is legally owned and the property does not fall into one of the very few restricted areas. A state employee can open carry at work if they want to, in almost every situation.
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