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Thread: How states overrule the USC.

  1. #1
    Regular Member self preservation's Avatar
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    How states overrule the USC.

    I recently bought my wife a Taurus TCP .380. We live in Ky but her family is in Indiana. That weekend she was going there to visit. I told her to take her gun with her "just in case". We OC here all the time and I thought that you could do so anywhere in America. She said she thought Indiana law was different from Ky law. At first I told her she was carzy and that the 2nd protected that ANYWHERE in the USA. But I called ISP to prove her wrong. I just about **** when the trooper told me that if we were caught OC'ing in Indiana without a permit that we would be arrested. I thought maybe this trooper didnt know straight up so I called a different number to speak to another trooper. He told me the same thing. I ask where the constitution played into this. He said that they didnt refuse you the right to carry, that you just had to buy a permit. My response was "so you have to pay for your rights?" I wanted to ask him if I could even say that freely or if I needed to buy a permit so I could have my freedom of speach...made me sick and oh so glad that we live in KY. How do the states do this?

  2. #2
    Regular Member 09jisaac's Avatar
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    I don't know much about IN gun laws but I do know Kentucky's rates among the best in the country (and getting better). The closest three states to me are Ohio, West Virginia and Virginia, all of which allow OC without a permit.
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    That must be a very nice rock you live under if you didn't realize that carrying a gun in most states is illegal without a license.

    Hell, there are more than a few states that require one to have a permit just to buy a gun.

    I highly suggest you broaden your education about firearm possession laws before you cross state lines.

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    Quote Originally Posted by flb_78 View Post
    That must be a very nice rock you live under if you didn't realize that carrying a gun in most states is illegal without a license.

    Hell, there are more than a few states that require one to have a permit just to buy a gun.

    I highly suggest you broaden your education about firearm possession laws before you cross state lines.

    Instead, how about saying:

    Welcome to OpenCarry.org where you can broaden your horizons about open carry policies throughout the US?

  5. #5
    Regular Member self preservation's Avatar
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    Quote Originally Posted by Sundiver View Post
    Instead, how about saying:

    Welcome to OpenCarry.org where you can broaden your horizons about open carry policies throughout the US?
    I agree that I must have been living under a rock. I guess in my defense I would have to say that I have always pretty much stayed in KY and honestly have never put much thought into other states gun laws. and by the way, I joined opencarry.org for that exact reason...to learn more and better prepare myself. I just thought it was weird that you had to pay money to exercise a right. How well would it go over if I applied for a licence to own some slaves, considering the constitution bans that act as well? To me requirering a licence is "infringing" on that right. Maybe I need to have the 2nd explained to me better. And as far as the states that prohibit gun overship period.......Good lord, I would have to refer back to my original post..."thank god I live in KY.."

  6. #6
    Herr Heckler Koch
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    Quote Originally Posted by self preservation View Post
    How well would it go over if I applied for a licence to own some slaves, considering the constitution bans that act as well?
    Read the OCDO Rules, especially Rule (5), and then tell us where in the Constitution of the United States or in its Bill of Rights and subsequent amendments, is the ban on owning slaves.

    I'll bet that you believe that there is a natural, federal right to vote, too.

  7. #7
    Regular Member self preservation's Avatar
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    Quote Originally Posted by Herr Heckler Koch View Post
    Read the OCDO Rules, especially Rule (5), and then tell us where in the Constitution of the United States or in its Bill of Rights and subsequent amendments, is the ban on owning slaves.

    I'll bet that you believe that there is a natural, federal right to vote, too.
    The Thirteenth Amendment to the United States Constitution officially outlaws slavery and involuntary servitude, except as punishment for a crime. It was passed by the Senate on April 8, 1864, by the House on January 31, 1865, and adopted on December 6, 1865. On December 18, Secretary of State William H. Seward proclaimed it to have been adopted. It was the first of the three Reconstruction Amendments adopted after the American Civil War.

    President Lincoln and other Republicans were concerned that the Emancipation Proclamation, which in 1863 declared the freedom of slaves in ten Confederate states then in rebellion, would be seen as a temporary war measure, since it was solely based on Lincoln's war powers. The Proclamation did not free any slaves in the border states nor itself make slavery illegal.[1]

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    Regular Member self preservation's Avatar
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    And I need to clarify my original post. I found it odd that you had to pay for a right. Maybe that freedom isnt "free"...or hell maybe it isnt really a freedom at all. I was just saying imagine if you had to pay a fee to wear a red shirt. Or had to pay a fee to wear a certain brand of shoes. One person said i need to research the laws of other states. That may be true but what if I wanted to drive to TN? Whats to say there isnt a law that says you cant wear a ball cap while driving? Who could research every law to see how they differ? And I guess its my fault but I always assumed (yeah I know...ass out of me and u) that gun ownership was legal anywhere in the USA. I just found opencarry.org a few days a go and was excited to find a site where i could post my questions and concerns and had a place where some knowledgeable folks could educate me...but so far I have had smart ass comments and been talked down to for asking a simple question. Wasnt aware that you had to know everything about everything before being a member here. This is a pro-gun site isnt it? I may just be one of those nuts that feels like our rights are not really our rights.. or feels like they are going to take one away today and another one away tomorrow and so on and so on before we have none left. Now can someone educate me without being a smart ass ?

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    Regular Member DrakeZ07's Avatar
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    Its always a good idea to research the various laws within both our state, and of our neighboring states.

    Take this for example, this is a very good law to keep in mind, about our state. I'm thankful I found it, as I would hate to find myself in a position of breaking said law.

    KRS 436.600

    No person shall sell, exchange, offer to sell or exchange, display, or possess living baby chicks, ducklings, or other fowl or rabbits which have been dyed or colored; nor dye or color any baby chicks, ducklings, or other fowl or rabbits; nor sell, exchange, offer to sell or exchange or to give away baby chicks, ducklings or other fowl or rabbits, under two (2) months of age in any quantity less than six (6), except that any rabbit weighing three (3) pounds or more may be sold at an age of six (6) weeks. Any person who violates this section shall be fined not less than $100 nor more than $500.

    History: Amended 1972 Ky. Acts ch 374, sec 1. --Created 1966 Ky. Acts ch. 215, sec. 5
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    Regular Member 09jisaac's Avatar
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    Don't take anything too personally here.

    You knew more about gun laws than I did when I joined.

    Also, as you'll learn, that people start toting around the rules for no good reason. The owner of the forum allows us a lot of leeway in our discussion.

    Since you have questions, and we have answers then don't be shy about asking. I would suggest you search the forum a bit to find them because they probably have been answered. If you don't find them then ask away.
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  11. #11
    Regular Member Comm's Avatar
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    [QUOTE=self preservation;1735482]And I need to clarify my original post. I found it odd that you had to pay for a right. Maybe that freedom isnt "free"...or hell maybe it isnt really a freedom at all. I was just saying imagine if you had to pay a fee to wear a red shirt. Or had to pay a fee to wear a certain brand of shoes. One person said i need to research the laws of other states. That may be true but what if I wanted to drive to TN? Whats to say there isnt a law that says you cant wear a ball cap while driving? Who could research every law to see how they differ? And I guess its my fault but I always assumed (yeah I know...ass out of me and u) that gun ownership was legal anywhere in the USA. I just found opencarry.org a few days a go and was excited to find a site where i could post my questions and concerns and had a place where some knowledgeable folks could educate me...but so far I have had smart ass comments and been talked down to for asking a simple question. Wasnt aware that you had to know everything about everything before being a member here. This is a pro-gun site isnt it? I may just be one of those nuts that feels like our rights are not really our rights.. or feels like they are going to take one away today and another one away tomorrow and so on and so on before we have none left. Now can someone educate me without being a smart ass ?[/QUOTE

    S P.. Welcome to the forum. I know how it feels, and although I have not been here very long myself, I do find LOTS of good info here. I have had my CCDW for several years now, and that's all I used to do... until I found this site, and now I OC almost as much as CC.
    You will find many questions from others that give great answers, but some not so much. I have asked dumb questions before, and gotten answer like yours, but don't take offense to it. Just mark it as experience learned.
    Have a great day!

  12. #12
    Regular Member self preservation's Avatar
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    Quote Originally Posted by DrakeZ07 View Post
    Its always a good idea to research the various laws within both our state, and of our neighboring states.

    Take this for example, this is a very good law to keep in mind, about our state. I'm thankful I found it, as I would hate to find myself in a position of breaking said law.

    KRS 436.600

    No person shall sell, exchange, offer to sell or exchange, display, or possess living baby chicks, ducklings, or other fowl or rabbits which have been dyed or colored; nor dye or color any baby chicks, ducklings, or other fowl or rabbits; nor sell, exchange, offer to sell or exchange or to give away baby chicks, ducklings or other fowl or rabbits, under two (2) months of age in any quantity less than six (6), except that any rabbit weighing three (3) pounds or more may be sold at an age of six (6) weeks. Any person who violates this section shall be fined not less than $100 nor more than $500.

    History: Amended 1972 Ky. Acts ch 374, sec 1. --Created 1966 Ky. Acts ch. 215, sec. 5
    Thank you DrakeZ07. And I agree..I would hate to break this law..lol. I came to this site to educate myself and it is just frustrating when instead I get smart ass comments. I'm thirsty for knowledge but people being negative and rude just leaves a bad taste in my mouth. Thank you for the laugh and insight and your kindness. Has anything I said made any sense to you or do I just need to "calm down and accept it?" I ask because I guess I was expecting some "yeah, its bs that states can override the USC" or "they can make their own laws that contradict the USC because.......". Didnt expect "you're a f'ing moron for not knowing other state laws"... i guess I have always thought of the constitution as "daddy says" and what daddy says goes.... wasnt away that states "mommy" could say F U daddy, we're going to do it this way...Just trying to learn....

  13. #13
    Regular Member self preservation's Avatar
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    [QUOTE=Comm;1735492]
    Quote Originally Posted by self preservation View Post
    And I need to clarify my original post. I found it odd that you had to pay for a right. Maybe that freedom isnt "free"...or hell maybe it isnt really a freedom at all. I was just saying imagine if you had to pay a fee to wear a red shirt. Or had to pay a fee to wear a certain brand of shoes. One person said i need to research the laws of other states. That may be true but what if I wanted to drive to TN? Whats to say there isnt a law that says you cant wear a ball cap while driving? Who could research every law to see how they differ? And I guess its my fault but I always assumed (yeah I know...ass out of me and u) that gun ownership was legal anywhere in the USA. I just found opencarry.org a few days a go and was excited to find a site where i could post my questions and concerns and had a place where some knowledgeable folks could educate me...but so far I have had smart ass comments and been talked down to for asking a simple question. Wasnt aware that you had to know everything about everything before being a member here. This is a pro-gun site isnt it? I may just be one of those nuts that feels like our rights are not really our rights.. or feels like they are going to take one away today and another one away tomorrow and so on and so on before we have none left. Now can someone educate me without being a smart ass ?[/QUOTE

    S P.. Welcome to the forum. I know how it feels, and although I have not been here very long myself, I do find LOTS of good info here. I have had my CCDW for several years now, and that's all I used to do... until I found this site, and now I OC almost as much as CC.
    You will find many questions from others that give great answers, but some not so much. I have asked dumb questions before, and gotten answer like yours, but don't take offense to it. Just mark it as experience learned.
    Have a great day!
    Thanks Comm. You're right. A person should expect to find good and bad answers from time to time. And you're right about finding some good information on here. Within just about a week I have found tons of good info. And to be honest I got excited to find this site. like I said in another post, I'm starving for knowledge...not smart ass comments. If I knew everything about everything or didnt crave different view points I wouldnt have a need to come here. Thanks for the words of wisdom and you have a great day yourself.

  14. #14
    Regular Member DrakeZ07's Avatar
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    Quote Originally Posted by self preservation View Post
    Thank you DrakeZ07. And I agree..I would hate to break this law..lol. I came to this site to educate myself and it is just frustrating when instead I get smart ass comments. I'm thirsty for knowledge but people being negative and rude just leaves a bad taste in my mouth. Thank you for the laugh and insight and your kindness. Has anything I said made any sense to you or do I just need to "calm down and accept it?" I ask because I guess I was expecting some "yeah, its bs that states can override the USC" or "they can make their own laws that contradict the USC because.......". Didnt expect "you're a f'ing moron for not knowing other state laws"... i guess I have always thought of the constitution as "daddy says" and what daddy says goes.... wasnt away that states "mommy" could say F U daddy, we're going to do it this way...Just trying to learn....
    Well, states do have nullification rights, still, and can apparently, albeit mostly illegally, override federal law/code. Example being Illinois in general.

    Always happy to offer a laugh or what-have-you~ Besides, someone has to be the one to bring candy, and soda, and cheerfulness to this group of gloomy serious folk~ hehe, just messing with ya on that~

    Though hey, just because the constution -is- the supreme law of the land, doesn't mean it actually is when you look at some of the laws in states like Illinois, California, New York, etc~ I think thats a good response, xD correct me if I'm wrong.
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  15. #15
    Regular Member self preservation's Avatar
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    Quote Originally Posted by DrakeZ07 View Post
    Well, states do have nullification rights, still, and can apparently, albeit mostly illegally, override federal law/code. Example being Illinois in general.

    Always happy to offer a laugh or what-have-you~ Besides, someone has to be the one to bring candy, and soda, and cheerfulness to this group of gloomy serious folk~ hehe, just messing with ya on that~

    Though hey, just because the constution -is- the supreme law of the land, doesn't mean it actually is when you look at some of the laws in states like Illinois, California, New York, etc~ I think thats a good response, xD correct me if I'm wrong.
    Thanks for the wisdom. Guess I was ignorant of how law worked. The more you know the better off you are, right? And you cant learn if you dont ask. Kinda bums me out that things work like that...but thanks for the candy, soda and cheerfulness..lol. As I as typing this there is a banner at the top of the page that reads "Know your rights and the laws that restrict them"...may have to click on that to learn more. thanks for the insight.

  16. #16
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    we have the right to keep and bears arms & had this right before this nation was formed. Its just that the gov'ts suppress this right .. claiming that they can "regulate" this right. And if we let them, they can.

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    I didn't intend for my post to be harsh. I just automatically assumed that most folks knew that every state had their own laws.

    I guess that explains folks who are arrested for carrying guns into the Sears tower and Empire State building.

    Im glad I didn't run you out of here and I'll be more than happy to try to answer any questions that you may have.

    One good source for information is www.handgunlaw.us It's more oriented towards concealed carry, but it's still very useful.

    Im just glad you never traveled in Illinois while carrying a gun. We might have never seen you again!!

  18. #18
    Regular Member self preservation's Avatar
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    Gutshot and fib_78... Those comments are what I'm looking for.And thank you for them. I have actually OC'd on the streets of Indiana more than once. Thank God I didnt get arrested..I really didnt know. Gutshot, you make perfect sense in what you say. I want to stay abreast on current KY gun law as well as possible changes to it. I want to be able to have a voice that can be heard in the event that our good gun laws are in danger. Fib_78, thanks for the link. I will check it out. I always welcome info that can help me to become better educated.

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    Quote Originally Posted by flb_78 View Post
    That must be a very nice rock you live under if you didn't realize that carrying a gun in most states is illegal without a license.
    Cite?


    http://www.opencarry.org/opencarry.html

    More than 1/2 of the states are either "Gold Star" or "Friendly," of which neither require a permit for carrying a gun. Concealed is separate, and I assume that since we are in OCDO, you are attempting to claim that 'carrying' is 'open carrying.'
    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." Benjamin Franklin

  20. #20
    Regular Member 09jisaac's Avatar
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    SP, you are a lot like I was when I joined. Ignorant of the laws but willing and wanting to learn. I took some as being @$$holes because the way they were trying to correct me. After I cooled down and realized what was happening I realized I was the one being hot headed. There are some good people on here, if you think they're being rough they're probably just trying to help out and didn't mean it the way it sounded. Unless they are just being d***s, that happens too.

    Hopefully you learn all you want to learn on this forum. We're trying to help everyone out the best we can.
    No man alive can beat me in a fair fight: It's not fair to chase a man down and beat him.

  21. #21
    Regular Member self preservation's Avatar
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    Quote Originally Posted by 09jisaac View Post
    SP, you are a lot like I was when I joined. Ignorant of the laws but willing and wanting to learn. I took some as being @$$holes because the way they were trying to correct me. After I cooled down and realized what was happening I realized I was the one being hot headed. There are some good people on here, if you think they're being rough they're probably just trying to help out and didn't mean it the way it sounded. Unless they are just being d***s, that happens too.

    Hopefully you learn all you want to learn on this forum. We're trying to help everyone out the best we can.
    It's cool. thanks for taking the time to explain to me. And yes, I want to learn so bad. So far this site seems to be packed with great information and helpful people. I learn something new everytime I log in.
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    2. The instinct for individual preservation; the innate desire to stay alive.

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