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Thread: Open Carry

  1. #1
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    Open Carry

    Can a person open carry on his hip while driving to a store or out to eat?

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    Regular Member self preservation's Avatar
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    I have heard the open carry while driving (or just sitting in a vehicle) is considered concealed. When I am driving I take my gun off of my hip and lay it in my passengers seat. Dont know for sure why if it is on your hip while driving it would be considered concealed, but it is. As far as going out to eat....as long as it is a gun friendly place. Meaning that they dont have any "No Guns Allowed"signs posted. But even if they do it is not illegal to OC in their place of business but you may be ask to leave and would have to do so. Refusing to leave would be trespassing.
    “The only thing necessary for the triumph of evil is for good men to do nothing.” Edmund Burke

    self-pres·er·va·tion (slfprzr-vshn)
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    Regular Member CharleyCherokee's Avatar
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    If you have the gun on the dash or your lap or plainly visible it is considered open in the car. If it is open on your hip when you get out of the car it is considered open on your hip if you sit down in the car. Considering the carry laws in Kentucky a prosecutor would have a hell of a time convincing a jury that somehow you were concealed carrying with a pistol on your hip in a car. Just my two cents on it. Personally I either keep it on my hip or in the glove box. It is easier to access in the glove box if I needed to so there is that to consider as well.
    A bullet may have your name on it, but shrapnel is addressed to whom it may concern.
    Why open carrying is a good idea: http://forum.pafoa.org/open-carry-14...encounter.html

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    Regular Member rob31567's Avatar
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    This is such a grey area with open carry. Ive read the sections http://lrc.ky.gov/KRS/527-00/020.PDF and it only explains about keeping a loaded/unloaded gun and ammunition in an original factory compartment, glovebox, console, ect. But I have read some other post by people that know the laws pretty well, stating that you can keep it on your side without it being considered concealed. I guess it all falls on how comfortable you are with the laws and how you want to carry.
    Do not argue with stupid people.....They drag you to their level and beat you with experience !!!!!!

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    Regular Member self preservation's Avatar
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    If you read the "hot topics" in these forums there is a lady fighting a CC charge while she was OC. She was sitting in her car when a LEO approached her and charged her with CC. It was on her hip.... I know it didnt happen in KY but I would still be careful..
    “The only thing necessary for the triumph of evil is for good men to do nothing.” Edmund Burke

    self-pres·er·va·tion (slfprzr-vshn)
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    2. The instinct for individual preservation; the innate desire to stay alive.

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    Regular Member rob31567's Avatar
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    Quote Originally Posted by self preservation View Post
    If you read the "hot topics" in these forums there is a lady fighting a CC charge while she was OC. She was sitting in her car when a LEO approached her and charged her with CC. It was on her hip.... I know it didnt happen in KY but I would still be careful..
    I agree with you 100%. Thats what Ive always been concerned with, would it ever turn out to be a concealed charge when your actually open carrying. Better safe than sorry......
    Do not argue with stupid people.....They drag you to their level and beat you with experience !!!!!!

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    Regular Member CharleyCherokee's Avatar
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    And this is the crucial difference. In KY just because you get in the car doesn't mean it's automatically concealed. In fact, you have to try decently hard to conceal a firearm in a car in KY. If you put it under the seat it is considered concealed. If you threw an article of clothing over it on the seat or floor board it would be concealed. That being the case an attorney would have a difficult time persuading anyone that a firearm openly carried on your hip outside of a car magically becomes concealed when you sit inside one.
    A bullet may have your name on it, but shrapnel is addressed to whom it may concern.
    Why open carrying is a good idea: http://forum.pafoa.org/open-carry-14...encounter.html

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    Regular Member 09jisaac's Avatar
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    Quote Originally Posted by self preservation View Post
    If you read the "hot topics" in these forums there is a lady fighting a CC charge while she was OC. She was sitting in her car when a LEO approached her and charged her with CC. It was on her hip.... I know it didnt happen in KY but I would still be careful..
    Different story all together. Thats like saying that since in Ohio having a loaded firearm in a vehicle is concealed then it is the same in Kentucky.

    The law is not clear but it would be hard to convince a jury that an openly carried firearm is concealed due to persecutive. If the officer is on the other side of the vehicle the firearm would be in plain view. I think it is open carry and none of the officers I have dealt with argued against that logic. If an officer is wanting to arrest you, you will be arrested. I would carry anyway you want to carry as long as it is not specifically against the law.
    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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    Regular Member self preservation's Avatar
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    Quote Originally Posted by 09jisaac View Post
    Different story all together. Thats like saying that since in Ohio having a loaded firearm in a vehicle is concealed then it is the same in Kentucky.

    The law is not clear but it would be hard to convince a jury that an openly carried firearm is concealed due to persecutive. If the officer is on the other side of the vehicle the firearm would be in plain view. I think it is open carry and none of the officers I have dealt with argued against that logic. If an officer is wanting to arrest you, you will be arrested. I would carry anyway you want to carry as long as it is not specifically against the law.
    I asked a trooper this question once...and I know if I ask 20 different LEO I would probably get 20 different answers, but he told me that if he made a traffic stop and a person was OC but was in a seated position in their car that he would charge them with CC. It MAY be true that he would have a hard time convicing a jury that the act in itself could be considered CC, but I would rather not be the poor SOB that has to pay a ton of legal fees and risk the chance of having a charge against me. If someone else would like to test the waters and pay the price then by all means let me know how it goes......but for the time being I'm sticking with the better safe than sorry attitude...
    “The only thing necessary for the triumph of evil is for good men to do nothing.” Edmund Burke

    self-pres·er·va·tion (slfprzr-vshn)
    n.
    1. Protection of oneself from harm or destruction.
    2. The instinct for individual preservation; the innate desire to stay alive.

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    Regular Member hotrod's Avatar
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    Here are, what I believe to be, the controlling rulings on conceal carry and what it is.

    "In Delk v. Commonwealth, Ky. 344 S.W.2d 832 (1961), the court held that '[t]he concealment must be such as to prevent persons from seeing the weapon whose vision is not obscured by the carrier’s person or by anything other than the covering used to conceal it.' Id. at 833. In Prince v.Commonwealth, Ky. 277 S.W.2d 470 (1955), the court stated that a weapon is concealed when it is placed in a manner that it cannot readily be seen under ordinary observation. Id. at 472."

    In Prince,carrying a handgun openly in a holster could readily be seen, in ordinary observation. The LEO may have to adjust his position, but it can be observed. Under Delk, you must be trying to prevent the LEO from seeing the weapon. So if you are not preventing it from being seen and it can be observed you are ok.
    Last edited by hotrod; 05-06-2012 at 12:51 PM.
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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by hotrod View Post
    Here are, what I believe to be, the controlling rulings on conceal carry and what it is.

    "In Delk v. Commonwealth, Ky. 344 S.W.2d 832 (1961), the court held that '[t]he concealment must be such as to prevent persons from seeing the weapon whose vision is not obscured by the carrier’s person or by anything other than the covering used to conceal it.' Id. at 833. In Prince v.Commonwealth, Ky. 277 S.W.2d 470 (1955), the court stated that a weapon is concealed when it is placed in a manner that it cannot readily be seen under ordinary observation. Id. at 472."

    In Prince,carrying a handgun openly in a holster could readily be seen, in ordinary observation. The LEO may have to adjust his position, but it can be observed. Under Delk, you must be trying to prevent the LEO from seeing the weapon. So if you are not preventing it from being seen and it can be observed you are ok.
    Indeed - available to common observation - much the same in Virginia.
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    Sadly correct..

    Quote Originally Posted by self preservation View Post
    I asked a trooper this question once...and I know if I ask 20 different LEO I would probably get 20 different answers, but he told me that if he made a traffic stop and a person was OC but was in a seated position in their car that he would charge them with CC. It MAY be true that he would have a hard time convicing a jury that the act in itself could be considered CC, but I would rather not be the poor SOB that has to pay a ton of legal fees and risk the chance of having a charge against me. If someone else would like to test the waters and pay the price then by all means let me know how it goes......but for the time being I'm sticking with the better safe than sorry attitude...
    I havent been on this forum in a long time, sadly enough I didnt really post too much to begin with, but I am back now....

    Name is David and I OC on occasion in public, depending on where I am going or what I am doing. But my S&W Sigma stays in reach at least in the glove compartment 100% of the time I travel, then locked glove compatment when not in the vehicle if I am not carrying. Enough for introductions for now. I made a call the the KSP the other day because when I took my interest in OC and took m CCDW training two years ago the legal way to carry was in plain sight and in the glove compartment, center console or other storage was off limits. Well I realized lately this was updated to legally be in the center console or seat pockets, or any storage compartment in a motor vehicle installed by its manufacturer. I called to verify this with KSP and quoting the Kentucky State Police website http://www.kentuckystatepolice.org/conceal.htm ,

    KRS 527.020(8) states in part that:
    "A loaded or unloaded firearm or other deadly weapon shall not be deemed concealed on or about the person if it is located in any enclosed container, compartment, or storage space installed as original equipment in a motor vehicle by its manufacturer, including but not limited to a glove compartment, center console, or seat pocket, regardless of whether said enclosed container, storage space, or compartment is locked, unlocked, or does not have a locking mechanism.

    The trooper on the phone with me still argued that the center console will be deemed concealed. So with your statement regarding 20 different officers, 20 different answers rings to be true. The PD's across the nation need to have better means of educating officers with updates to laws then they do now. Someone out there will eventually be harrassed or arrested from a LEO not made aware of a change from over a year ago to a common issue.
    Last edited by kywildcat581; 05-19-2012 at 12:17 PM.

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    Regular Member papa bear's Avatar
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    my Nephew once arrested a guy because he had it on his side away from him (the officer). the court basicly threw it out and laughed at the officer. but my nephew said " well i made him get a lawyer he had to pay for"
    no lesson learned, but i know he didn't do it again
    Luke 22:36 ; 36Then said he unto them, But now, he that hath a purse, let him take it, and likewise his scrip: and he that hath no sword, let him sell his garment, and buy one.

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    i you call a CHP a CCW then you are really stupid. period.

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    Regular Member self preservation's Avatar
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    Quote Originally Posted by papa bear View Post
    my Nephew once arrested a guy because he had it on his side away from him (the officer). the court basicly threw it out and laughed at the officer. but my nephew said " well i made him get a lawyer he had to pay for"
    no lesson learned, but i know he didn't do it again
    Exact point I'm trying to make. You may beat the charge but you won't beat the ride. Some have argued that the officer will have a hard time making a charge like this stick....and they are probably right. But that LEO won't lose any sleep worrying about if it will stick or not....his neck isnt on the line, he isnt paying out of his pocket to fight it and he really doesnt give a shat at the end of the day. I was just saying that you MAY be charged with CC even if you are in fact OC'ing. I don't agree that it's right and I think it's absolute BS..but that's the world we live in...
    “The only thing necessary for the triumph of evil is for good men to do nothing.” Edmund Burke

    self-pres·er·va·tion (slfprzr-vshn)
    n.
    1. Protection of oneself from harm or destruction.
    2. The instinct for individual preservation; the innate desire to stay alive.

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    Regular Member self preservation's Avatar
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    Quote Originally Posted by gutshot View Post
    He will care if he is charged with a civil rights violation under 42 USC section 1983. I know that these suits are expensive and seldom pursued, but you can read throughout this board and find instances where this and other legal remedies are pursued. Police can not make a case on their own. Prosecutors must file the charges and complaints can be filed against both LEO and public officials. It is not easy to do and most people don't want to fight for their rights, they should. Arresting people who are not breaking any laws is illegal.
    Remember the Duke Lacrosse Team case. That prosecutor lost his license to practice law. He's out of a job for life. May be flipping burgers at Mickey Dee's. Don't say it will never happen, but it will never happen if you don't pursue it.
    Thank you Mr. Gutshot...You answered a question I had before I even ask it. I was wondering if a 1983 suit would apply to this case. Thanks for reading my mind. lol... And I dont remember the Duke lacrosse team...thank God for google.
    “The only thing necessary for the triumph of evil is for good men to do nothing.” Edmund Burke

    self-pres·er·va·tion (slfprzr-vshn)
    n.
    1. Protection of oneself from harm or destruction.
    2. The instinct for individual preservation; the innate desire to stay alive.

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    Regular Member hotrod's Avatar
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    And now a quote from me, "If you are not willing to fight for your rights, you don't deserve any!!!.
    Hotrod
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    Regular Member self preservation's Avatar
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    Quote Originally Posted by hotrod View Post
    And now a quote from me, "If you are not willing to fight for your rights, you don't deserve any!!!.
    Hotrod
    Yes Mr. Hotrod. True words of wisdom.
    “The only thing necessary for the triumph of evil is for good men to do nothing.” Edmund Burke

    self-pres·er·va·tion (slfprzr-vshn)
    n.
    1. Protection of oneself from harm or destruction.
    2. The instinct for individual preservation; the innate desire to stay alive.

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    Quote Originally Posted by hotrod View Post
    And now a quote from me, "If you are not willing to fight for your rights, you don't deserve any!!!.
    Hotrod


    RIP Adam Youch

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    Quote Originally Posted by gutshot View Post
    Never ask the police, even the state police, for legal advice. Never ask them what the law says, they don't know. Never ask them what their policy is, who cares? Read the law for yourself. Make sure you have correctly understood what you have read. You already did most of this and found out the KSP doesn't even know what is on their own website. That should teach you something.
    Yeah, well curiosity got the best of me, regardless it is still sad that the people who enforce the law don't know it

  20. #20
    Regular Member self preservation's Avatar
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    Quote Originally Posted by gutshot View Post
    Exactly! They will keep trying to intimidate people until somebody puts a stop to it. Several on this board have done so and others should, too. Do people think this will change on it own or is it that everyone wants somebody else to do it. Someone else should be arrested or harassed, someone else should have to show up in court, someone else should go talk to the mayor, someone else should pay the lawyers fee, just let me know when its all over and its safe for me to enjoy the freedom others have secured for me.



    This is the type of attitude that leads to complete tyranny. If the people will not assert their rights and fight for them, they will surely lose those rights. I am reminded of a quote from Tom Paine during the revolution, These are the times that try men's souls: The summer soldier and the sunshine patriot will, in this crisis, shrink from the service of their country; but he that stands it now, deserves the love and thanks of man and woman. Tyranny, like hell, is not easily conquered; yet we have this consolation with us, that the harder the conflict, the more glorious the triumph. What we obtain too cheap, we esteem too lightly: it is dearness only that gives every thing its value. Heaven knows how to put a proper price upon its goods; and it would be strange indeed if so celestial an article as freedom should not be highly rated.

    And then from Sam Adams.

    If ye love wealth better than liberty, the tranquility of servitude better than the animating contest of freedom, go home from us in peace. We ask not your counsels or your arms. Crouch down and lick the hands which feed you. May your chains set lightly upon you, and may posterity forget that you were our countrymen.
    I really can see your point(refering to my post about playing it safe). But please try to see mine. You said that these types of law suits cost tons and tons of money. Believe me when I say that I dont even have a pound of money. Let alone tons of it. If I were stopped today by LEO and happened to be OC'ing but I was seated in my car, and this LEO decided to arrest me for CC, I may be able to come up with 5 or 6 hundred to beat the charge in court. But as far as enough money for a 1983 suit to to "set the record straight and show them what for", no way in hell I could afford that. And plus if I got an anti 2a judge that ruled against me on the CC charge I can then kiss my job bye bye, probably lose my house and cars, and would put my family in one hell of a hurting. Now if some other guy has the money and is willing to take the risk....more power to him and I wish him all the luck in the world. But my attitude is the benefit must out weight the risk. This may be a piss poor way of looking at it, but I can only do what I can only do.
    “The only thing necessary for the triumph of evil is for good men to do nothing.” Edmund Burke

    self-pres·er·va·tion (slfprzr-vshn)
    n.
    1. Protection of oneself from harm or destruction.
    2. The instinct for individual preservation; the innate desire to stay alive.

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    Regular Member self preservation's Avatar
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    Quote Originally Posted by gutshot View Post
    I understand your situation, but even those that have the money to do so don't want to spend it trying to get the government to obey the law. Michael Mitchell didn't want to get fired from his job and be refuse admission to UK's medical school, the colonists did not want to fight and die to gain independence from Great Britain, the founding father's did not want to give up their prosperous occupations to argue for months on the wording of the Declaration of Independence and US Constitution. Nobody wants to get involved in these things, they are not pleasant, but they need to be pursued at every opportunity to maintain our rights. The alternative is tyranny. We don't need to fight alone. Michael Mitchell had less than you have, I suspect. He got help from KC3 and now is looking at a possible large settlement. Help is available to those that have a winnable case and are in the right. No one has money to waste on a fruitless endeavors. The Second Amendment Foundation is racking up win after win in court. Each of them makes money for them and their attorneys and funds the next suit. Members of this board in other states have received donations to help them fight repressive government actions. This is why we must know the law and be absolutely certain that we are in the right. We must stand together, none of us can fight the government alone. They can always out spend us. We need to out smart them.People on this board are fond of saying that "you may beat the charge, but you can't beat the ride" and that is true. We need to change that to. "you might make the arrest, but you can't miss the lawsuit".
    Love the "you might make the arrest, but you can't miss the lawsuit" saying. I'll give you a dollar everytime I say it from now on. I understand your points and am glad you see mine. Another old saying that I often remember is "a man must pick his battles" And by that I mean we are all fighting the same war, we just sometimes are fighting different battles to win this common war. I believe that you are that one that once told me that "our rights are always under attack" and I agree. One user on OCDO was fighting an illegal seizure of his firearm, another fighting LFUCG over illegal signs and ordinances. Two members talked to like dog sh!t and had to face the treat of arrest even though they are dead right in what they are saying. One that was trying to find information out after he was refused to buy hollow points because the sheriff said the dealer couldnt sell those "cop killers" to just anyone . I myself feel that I have made a small contribution to this cause by preventing such illegal signs from going up. Everyone has their place on these issues and none of us can take on the whole enchilada on our own. Now you mention that a lot of folks have had to do a lot of things that were not pleasant...I agree. But my simple stance on the OC'd gun in a seated position and being charged with CC is this, I agree it's BS and would be an illegal charge, but at this point in my life I cant "bait" a LEO just to see if I can get a good outcome in court and to claim a victory for us all. Now years down the road when my son is grown, my wife has ran off with a rich doctor, my house is finally paid for and I'm retired....I could be more apt to push this issue and test the waters. And just like you mentioned with the Mitchell case, I'm sure he didnt want to face this headache, and I'm sure he will get a little pocket money for his troubles. But I also bet that his family has felt the financial sting of this ordeal. Now granted he will turn out fine in the long run and I'm sorry he was the one that had to fight this battle. But I doubt he came to work and thought "hope they fire me so I can sue because I know I'm in the right and will win in court" If I remember correctly either Kyglockster or issac made the comment in a post that they would still fight Lawerence county illegal ordinance, but after they faced the threat of arrest that they would probably not OC there again until they could get something changed (not word for word but I think I'm pretty close to how that went. If I am way off base I'm sorry) I guess I'm just taking their risk vs benefit attitude for the time being. And as you said, if an OC'er gets a CC charge today..I will be more than glad to throw as many dollars his way as I can to help him. But for me, I just simply can't volunteer to fight that beast right now. At least not that beast. Now I OC everyday and could be arrested and face charges for doing so.(probably wont happen but could) But I am willing to take that risk and fight that beast because I feel more strongly about OC in general than I do about a BS CC charged when one is in fact OC'ing. Like I stated, we all have our battles that we can and can not fight...this is just one battle that for now I can not be the "Micheal Mitchell" on.
    “The only thing necessary for the triumph of evil is for good men to do nothing.” Edmund Burke

    self-pres·er·va·tion (slfprzr-vshn)
    n.
    1. Protection of oneself from harm or destruction.
    2. The instinct for individual preservation; the innate desire to stay alive.

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    Regular Member self preservation's Avatar
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    Quote Originally Posted by gutshot View Post

    A very intelligent and reasoned response. I didn't want to minimize your efforts and real accomplishments. They have been exceptional for someone who has been on this board such a short time and your posts are thought provoking and helpful. I wish everyone on OCDC would do as much as you in their first few months.
    Thank you, sir.
    “The only thing necessary for the triumph of evil is for good men to do nothing.” Edmund Burke

    self-pres·er·va·tion (slfprzr-vshn)
    n.
    1. Protection of oneself from harm or destruction.
    2. The instinct for individual preservation; the innate desire to stay alive.

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    I don't ever see a charge of ccw sticking for leaving your gun on your hip in your vehicle. The Ky supreme court is the highest court in the state. In the Holland v. Commonwealth case, the court stated in their ruling that:

    In our state the legislature is empowered only to deny to citizens the right to carry concealed weapons. The constitutional provision is an affirmation of the faith that all men have the inherent right to arm themselves for the defense of themselves and of the state. The only limitation concerns the mode of carrying such instruments. We observe, via obiter dicta, that although a person is granted the right to carry a weapon openly, a severe penalty is imposed for carrying it concealed. If the gun is worn outside the
    jacket or shirt in full view, no one may question the wearer’s right so to do; but if it is carried under the jacket or shirt, the violator is subject to imprisonment for not less than two nor more than five years.
    The heavy emphasis, we suppose, is upon the undue advantage given to a person who is able suddenly to expose and use a weapon, although the gun itself is the vicious instrument………."

    While setting in your vehicle, as long as the firearm is still worn outside your shirt, then no one may question your right to do so. With this ruling, a prosecutor's case is DOA. The legal term "stare decisis" means: "to let the decision stand." This means (among other things) that a lower court can't reverse a higher courts ruling, therefore since the supreme court is the highest court in the state, then however they rule is how future cases will be interpreted. Unless of course there is a federal issue involved, however in such a case, it would be an issue with Ky law and the Ky constitution. Of course once your case is dismissed, then you could file a federal lawsuit for depriving you of your civil rights and wrongful arrest.
    Last edited by KYGlockster; 05-20-2012 at 11:03 PM.
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  24. #24
    Regular Member self preservation's Avatar
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    Quote Originally Posted by KYGlockster View Post
    I don't ever see a charge of ccw sticking for leaving your gun on your hip in your vehicle. The Ky supreme court is the highest court in the state. In the Holland v. Commonwealth case, the court stated in their ruling that:

    In our state the legislature is empowered only to deny to citizens the right to carry concealed weapons. The constitutional provision is an affirmation of the faith that all men have the inherent right to arm themselves for the defense of themselves and of the state. The only limitation concerns the mode of carrying such instruments. We observe, via obiter dicta, that although a person is granted the right to carry a weapon openly, a severe penalty is imposed for carrying it concealed. If the gun is worn outside the
    jacket or shirt in full view, no one may question the wearer’s right so to do; but if it is carried under the jacket or shirt, the violator is subject to imprisonment for not less than two nor more than five years.
    The heavy emphasis, we suppose, is upon the undue advantage given to a person who is able suddenly to expose and use a weapon, although the gun itself is the vicious instrument………."

    While setting in your vehicle, as long as the firearm is still worn outside your shirt, then no one may question your right to do so. With this ruling, a prosecutor's case is DOA. The legal term "stare decisis" means: "to let the decision stand." This means (among other things) that a lower court can't reverse a higher courts ruling, therefore since the supreme court is the highest court in the state, then however they rule is how future cases will be interpreted. Unless of course there is a federal issue involved, however in such a case, it would be an issue with Ky law and the Ky constitution. Of course once your case is dismissed, then you could file a federal lawsuit for depriving you of your civil rights and wrongful arrest.
    I don't know of any cases like this in KY that has stuck...but to be fair I really haven't checked either. I just know that if Trooper XXXXX XXXXXX that is assigned to the Bath County area ever traffic stops you and you are OC'ing while in a seated position you will be charged with CC.(assuming you're not a CCDW holder) And I like to point out that this Trooper isn't new and really is one hell of a nice guy (I know that nice guy's can still be A hole cops) and I dont believe he is out to make a name for himself, he just told me that this is KSP policy. Sad considering that you can read Holland v. Commonwealth and clearly see that this is a bad policy. Guess the policy writers should spend more time researching law instead of just writing sh!t in a policy book just to be writing sh!t in a policy book. But as Gutshot said, until a non-CCDW OC'er get's put in the position and goes after a 1983 suit and prevails, I fear that this will continue to lurk over our heads.
    “The only thing necessary for the triumph of evil is for good men to do nothing.” Edmund Burke

    self-pres·er·va·tion (slfprzr-vshn)
    n.
    1. Protection of oneself from harm or destruction.
    2. The instinct for individual preservation; the innate desire to stay alive.

  25. #25
    Regular Member hotrod's Avatar
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    Quote Originally Posted by self preservation View Post
    I don't know of any cases like this in KY that has stuck...but to be fair I really haven't checked either. I just know that if Trooper XXXXX XXXXXX that is assigned to the Bath County area ever traffic stops you and you are OC'ing while in a seated position you will be charged with CC.(assuming you're not a CCDW holder) And I like to point out that this Trooper isn't new and really is one hell of a nice guy (I know that nice guy's can still be A hole cops) and I dont believe he is out to make a name for himself, he just told me that this is KSP policy. Sad considering that you can read Holland v. Commonwealth and clearly see that this is a bad policy. Guess the policy writers should spend more time researching law instead of just writing sh!t in a policy book just to be writing sh!t in a policy book. But as Gutshot said, until a non-CCDW OC'er get's put in the position and goes after a 1983 suit and prevails, I fear that this will continue to lurk over our heads.
    That is NOT Kentucky State Police policy. There is no written policy to arrest for open carry (on your person) in your vehicle.
    Last edited by hotrod; 05-21-2012 at 10:21 AM.
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