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Posted: 5/28/2010 10:09:30 AM EDT
[#1]
Quoted:
Moving from Indiana to Kentucky has completely blown my mind. I'm so used to state and local laws that applied to any kind of carry since we didn't have concealed licenses or laws. I keep seeing "Concealed carry" is illegal in such and such places but where is "Open carry" illegal at? Also who can make laws regarding either? I hate seeing places where guns aren't allowed on all county/city property but they don't post it so you'll never know if you're breaking the law until its too late. Check out opencarry.org, they have tons of info regarding open carry. As far as making laws in KY, only the state legislature can make laws regarding concealed carry. Open carry is a KY constitutional Right and can not be legislated away, though they try. KY has preemption laws, while that does not stop places like Louisville and Lexington from trying to pass unconstitutional laws, state laws rule. In KY, unless you are in one of the listed "prohibited areas" like court rooms etc, you can legally open carry all day long on all city/county property. |
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Posted: 5/28/2010 1:20:52 PM EDT
[#2]
ok so are these old then?
This is from the KSP website Any areas leased or controlled by a state, city, county or urban-county government where lawfully posted.
and this is from the Department of Criminal Justice Training CCDW document The legislative body of the state or of a city, county, or urban-county
government may prohibit or limit license holders from carrying concealed deadly weapons in those parts of buildings owned or controlled by that unit of government. Any such restrictions must exempt the following places: (1) buildings used for public housing by private persons; (2) highway rest areas; (3) firing ranges; and (4) private dwellings owned or controlled by that unit of government. Signs must be posted at the entrance to areas where carrying concealed is prohibited or limited. Carrying a concealed deadly weapon into one of these prohibited areas is not a crime, but the person may be prevented from entering the area or asked to leave if already in the area. If the violator is an employee, that employee may be disciplined. |
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Posted: 5/28/2010 3:57:57 PM EDT
[#3]
You must remember that they are two completely different things, concealed and open carry. According to KY, you have a constitutional right to open carry, with a few exceptions, it's a "privilege" to be able to concealed carry. There are places that it is illegal to concealed carry in, but it is perfectly legal to open carry in.
Concealed CAN be prohibited by both private property owners and the government owned buildings/property. Open carry can only be restricted by private property owners and limited situations on public property ie schools, day care, court rooms and there are a few more. In KY, no city, county or urban government can pass any laws stricter on firearms than the state law. Either way, I would read up on the state laws and the KY constitution as evident from posts on opencarry.org, that not every LEO/Elected Official knows the law, let alone the constitution concerning open carry. KRS 65.870 Local firearms control ordinances prohibited. No city, county or urban-county government may occupy any part of the field of regulation of the transfer, ownership, possession, carrying or transportation of firearms, ammunition, or components of firearms or combination thereof Here is a link where Louisville's attempt to restrict conceal carry got shot down. |
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Posted: 6/2/2010 8:42:00 PM EDT
[#4]
I really like this one:
237.106 Right of employees and other persons to possess firearms in vehicle –– Employer liable for denying right –– Exceptions. (1) No person, including but not limited to an employer, who is the owner, lessee, or occupant of real property shall prohibit any person who is legally entitled to possess a firearm from possessing a firearm, part of a firearm, ammunition, or ammunition component in a vehicle on the property. (2) A person, including but not limited to an employer, who owns, leases, or otherwise occupies real property may prevent a person who is prohibited by state or federal law from possessing a firearm or ammunition from possessing a firearm or ammunition on the property. (3) A firearm may be removed from the vehicle or handled in the case of self-defense, defense of another, defense of property, or as authorized by the owner, lessee, or occupant of the property. (4) An employer that fires, disciplines, demotes, or otherwise punishes an employee who is lawfully exercising a right guaranteed by this section and who is engaging in conduct in compliance with this statute shall be liable in civil damages. An employee may seek and the court shall grant an injunction against an employer who is violating the provisions of this section when it is found that the employee is in compliance with the provisions of this section. (5) The provisions of this section shall not apply to any real property: (a) Owned, leased, or occupied by the United States government, upon which the possession or carrying of firearms is prohibited or controlled; (b) Of a detention facility as defined in KRS 520.010; or (c) Where a section of the Kentucky Revised Statutes specifically prohibits possession or carrying of firearms on the property. |
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Posted: 6/3/2010 8:45:49 AM EDT
[#5]
Yup, clear as mud.
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