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Thread: New guy in Owensboro, questions.

  1. #1
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    New guy in Owensboro, questions.

    Hey guys I'm new to the board, and new to open carry.

    I am 21 years old, pretty clean cut but I do work construction so I am usually in some sort of dirty clothes boots and a camo hat.

    I have been reading on the board for several days now trying to catch up on the laws and regulations. A lot of what I have been reading has been for others states. I have lived in Owensboro my entire life and only recall ever seeing 1-2 people OC, which makes me sort of nervous since it isn't seen around much here.

    What are the main things I should be watching for here in KY? Specific places not to carry?

    If I am questioned by a LEO what should my responses be?

    I am a very polite person, usually very quiet and I don't really like attention but I want to be ready when SHTF.

    I am carrying a new smith & Wesson M&P 9mm in a blackhawk Sherpa paddle holster on my right side.

    I appreciate your responses and plan to do a lot of reading and posting here.

    Thanks, jon

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    Here's a good start.

    http://forum.opencarry.org/forums/sh...tucky-Gun-Laws

    There's not many "no carry" places in Kentucky.

    Bars, schools, post offices, Drake's former factory job....

  3. #3
    Regular Member 09jisaac's Avatar
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    Quote Originally Posted by flb_78 View Post
    Here's a good start.

    http://forum.opencarry.org/forums/sh...tucky-Gun-Laws

    There's not many "no carry" places in Kentucky.

    Bars, schools, post offices, Drake's former factory job....
    I am glad my work has helped.

    Also, I like your joke about Drakes former work.

    The main thing is don't let your gun get out of the holster, for any reason, unless you have the legal right and the want to use it. If you want to check your gun use your elbow. If someone is too close to you for comfort, set your elbow on it. The serpa should make it difficult for someone to pull it if they aren't trained to use it, but you should always keep your eye on anyone around you. The chances are slim that anyone will try to grab it, so don't think I am trying to scare you. It is just advisable to keep your eyes open.
    No man alive can beat me in a fair fight: It's not fair to chase a man down and beat him.

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    Thanks flb. I did read through that it's just pretty vague so I just wanted to make sure I wasn't missing anything.

    I agree I don't think anybody could very easily get it away from me, like I said I'm a quiet guy and spend alot of time studying people around me.

    I know alot of people will think I am just looking for attention, but I care more about the safety of my wife 2 daughters and belongings then I care about what others think.

    It's getting crazy out these days and I want to be ready for whatever happens wether that means I'm reaching for my leather man on my left side to tighten a loose bolt or reaching for the m&p 9 to put down an attacker.

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    Regular Member 09jisaac's Avatar
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    Quote Originally Posted by 86 slo-vo View Post
    Thanks flb. I did read through that it's just pretty vague so I just wanted to make sure I wasn't missing anything.
    Clarify what you thought was vague and I will fix it.
    No man alive can beat me in a fair fight: It's not fair to chase a man down and beat him.

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    Quote Originally Posted by 09jisaac View Post
    Clarify what you thought was vague and I will fix it.

    [+]527.020(8) Transport: Loaded or unloaded. In plain view or in any compartment installed by the original manufacturer

    Can I keep the gun in my holster on my side while driving?

    [+]503.080 Duty to retreat: No
    [..]Must inform: No

    I don't know what these two mean

    [+]526.010 Record police: Yes, one party consent

    Does this mean I can record without his consent?

    [..]Signs having weight of law: No, but if a prohibited place fails to post you're still in violation if you carry.

    Just need a better explanation.

    That's all off of that list.

    Someone had told me that you could not carry within 1000yds of a school, which I have not been able to find that anywhere so I don't believe it's true. I hope not as that covers most of Owensboro.

    I'm sorry for all the questions, I just want to be clear on all bases so if I am challenged I know my rights.

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    Information is always good (provided it's correct information, I suppose. I will try to add some clarity:

    Transport: Most people on this forum will tell you that having your weapon in your holster while driving would be considered open. If it were me and I didn't have a CCDW, I would put it in a factory compartment in your vehicle.

    Duty to retreat: If you are in imminent danger where you may need to draw and use your weapon, you are not obligated to turn tail and run--you may stand your ground.

    Must inform: You are not legally obligated to inform an officer that you are carrying if you were to be pulled over.

    Recording: You may record a conversation that you are part of, ie you would be the "one party" that would be consenting to the recording.

    Signs: Weapons may be regulated on private property but have no legal backing. If a gas station says "no firearms" and you carry anyways, you may be asked to leave, but that's it.

    There is a federal prohibition of firearms within a 1000 yrds of a school for non permit holders. It is unlikely for this federal law to be enforced but it still can be.

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    Quote Originally Posted by langzaiguy View Post
    SNIPPED.....

    There is a federal prohibition of firearms within a 1000 yrds of a school for non permit holders. It is unlikely for this federal law to be enforced but it still can be.
    Actually, your off by a factor of 3... it is FEET NOT YARDS on the Federal Law....
    RIGHTS don't exist without RESPONSIBILITY!
    If one is not willing to stand for his rights, he doesn't have any Rights.
    I will strive to stand for the rights of ANY person, even those folks with whom I disagree!
    As said by SVG--- "I am not anti-COP, I am PRO-Citizen" and I'll add, PRO-Constitution.
    If the above makes me a RADICAL or EXTREME--- So be it!

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    Regular Member 09jisaac's Avatar
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    Quote Originally Posted by 86 slo-vo View Post
    [+]527.020(8) Transport: Loaded or unloaded. In plain view or in any compartment installed by the original manufacturer

    Can I keep the gun in my holster on my side while driving?

    [+]503.080 Duty to retreat: No
    [..]Must inform: No

    I don't know what these two mean

    [+]526.010 Record police: Yes, one party consent

    Does this mean I can record without his consent?

    [..]Signs having weight of law: No, but if a prohibited place fails to post you're still in violation if you carry.

    Just need a better explanation.

    That's all off of that list.

    Someone had told me that you could not carry within 1000yds of a school, which I have not been able to find that anywhere so I don't believe it's true. I hope not as that covers most of Owensboro.

    I'm sorry for all the questions, I just want to be clear on all bases so if I am challenged I know my rights.
    The 1st question is up to interpretation. There is no (that I know of) case law or a legal definition of that. I would say holstered on your side is open because, in my opinion, perspective doesn't matter. If they would have walked up on the passenger side of the car the gun would have been easily seen. But, like I said, it hasn't been defined in a legal sense.

    Duty to retreat is simple. In some places it suggests that you try everything, within reason, to distance yourself from the situation.
    Example: If I pull a knife on you then you have to try to leave the fight before you have the right to use deadly force. If I pursue then you have legal right to use deadly physical force to STOP THE THREAT.
    In Kentucky you have no duty to retreat. If you, as a reasonable person, have reason(s) to believe that I am endangering you (in some cases others) with physical force that you need to use physical force to STOP THE THREAT then you can do it then and there.

    Must inform is also simple. In some states if you are carrying a deadly weapon and an officer stops you to "chat" then you have to inform him of it. In Kentucky you don't have to. If it is just a simple traffic violation you can leave that fact out. It is illegal to lie to a LEO but not to keep the truth from them.

    One party consent means if you are a party of the conversation then you can record it, with your consent. Others do not need to be made aware of the fact that you are recording the conversation. If the conversation is between two other people then you need at least one persons consent.

    Signs having weight of law. If you see (or didn't see) a sign that says deadly weapons are prohibited (as in at movies, restaurant, etc) and walk in anyways then you are not breaking the law, just their rules. They have have you ejected from the building/premises but not press charges against you just for the sign. BUT (all caps because this IS important) IF YOU CARRY ONTO SCHOOL PROPERTY/DETENTION CENTER/COURT ROOM THAT IS WITHOUT A SIGN YOU ARE IN VIOLATION OF THE LAW. It is not an excuse that their sign was missing.

    The 1000ft of a school law is the Gun free school zone act. The summary is that you cannot carry on PUBLIC PROPERTY in a school zone (1000ft past the perimeter) UNLESS you have a valid carry permit in the state that the school is in. You can be on private property not owned by a school even if it is within 1000ft. You can, if you have a kentucky CCDW, be within 1000ft of a school (but not on school grounds) in Kentucky, but not WV OH VA ect.

    Do not apologize for your questions. You want to stay on the right side of the law and we have the answers to keep you there.

    Edit: I guess Lang beat me to it, but the information still stands. But Joe sparky is right too, it is 1000 FEET not yards
    Last edited by 09jisaac; 03-09-2012 at 10:02 PM.
    No man alive can beat me in a fair fight: It's not fair to chase a man down and beat him.

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    Thank you Joe!! Either way, it's an absurd rule.

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    Quote Originally Posted by langzaiguy View Post
    Either way, it's an absurd rule.
    What are you talking about? It is a GREAT rule, it keeps kids safe. Ok, I can do that and keep a straight face. I apologize. You are exactly right.
    No man alive can beat me in a fair fight: It's not fair to chase a man down and beat him.

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    Thanks guys I really appreciate the clarification. I plan to go ahead and get my CC next month though I will most likely OC most of the time. But it should help me to stay out of trouble should something come up.

    I will have to watch for the 1000ft rule, there are schools everywhere here.

  13. #13
    Regular Member 09jisaac's Avatar
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    Quote Originally Posted by 86 slo-vo View Post
    I will have to watch for the 1000ft rule, there are schools everywhere here.
    Like what was said, it may never be used against you. I cannot provide any case that this was used against them only. There is plenty of times this was an additional offense, but I don't know of any where this was the primary and only offense. Louisa, my hometown, is also part of a school zone but no one has ever tried to use this against me. I am willing to bet this will only ever be used as a primary offense if you piss off the wrong people that can't find anything else to get you on.

    A CCDW will exempt you from this rule in KENTUCKY.
    No man alive can beat me in a fair fight: It's not fair to chase a man down and beat him.

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    Quote Originally Posted by langzaiguy View Post
    Thank you Joe!! Either way, it's an absurd rule.
    It is an absurd rule that was ruled UNCONSTITUTIONAL once, then Congress revised its "claimed" justifications statements and reenacted the law.
    RIGHTS don't exist without RESPONSIBILITY!
    If one is not willing to stand for his rights, he doesn't have any Rights.
    I will strive to stand for the rights of ANY person, even those folks with whom I disagree!
    As said by SVG--- "I am not anti-COP, I am PRO-Citizen" and I'll add, PRO-Constitution.
    If the above makes me a RADICAL or EXTREME--- So be it!

    Life Member NRA
    Life Member GOA
    2nd amendment says.... "...The right of the people to keep and bear arms SHALL NOT BE INFRINGED!"

  15. #15
    Regular Member KYKevin's Avatar
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    Welcome aboard I am also from Owensboro.
    Kentucky Open Carry Group
    http://opencarry.niceboards.org/

    We all speak of liberty and freedom like we are the only ones that know the truth and the right path. But if we expect everyone to accept and follow our path and to accept our truth and want to force it upon them then that is no longer liberty or freedom. It is slavery. I believe in liberty for all. Regardless of their political views, religion, race, sex, etc.

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    Regular Member KYKevin's Avatar
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    Quote Originally Posted by 86 slo-vo View Post
    Thanks guys I really appreciate the clarification. I plan to go ahead and get my CC next month though I will most likely OC most of the time. But it should help me to stay out of trouble should something come up.

    I will have to watch for the 1000ft rule, there are schools everywhere here.
    You will have no trouble oc here in Owensboro. I have had plenty of LEO's see with mine and they have never stopped me or said a word.
    Kentucky Open Carry Group
    http://opencarry.niceboards.org/

    We all speak of liberty and freedom like we are the only ones that know the truth and the right path. But if we expect everyone to accept and follow our path and to accept our truth and want to force it upon them then that is no longer liberty or freedom. It is slavery. I believe in liberty for all. Regardless of their political views, religion, race, sex, etc.

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    Great that's what I wanted to hear. If any of you in Owensboro want to meet up and do lunch or something some time just give me a yell.

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    Regular Member neuroblades's Avatar
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    Quote Originally Posted by 86 slo-vo View Post
    Thanks guys I really appreciate the clarification. I plan to go ahead and get my CC next month though I will most likely OC most of the time. But it should help me to stay out of trouble should something come up.

    I will have to watch for the 1000ft rule, there are schools everywhere here.
    Here's a bit more in reference to the 1000' rule, as if it's not bad enough that we have those foolish GFZ (Gun Free Zones). That 1000' doesn't start at the doors of the school! It begins at the outer most boundary of the schools property! So, in actuality, it's almost always more than the stated 1000'.
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