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Thread: Florence OC ban?

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    Florence OC ban?

    So I was talking with a guy at my local gun store that I frequent and he told me that Florence KY has a OC ban.. i've never heard of this before but it seems to me that a city should not have laws that can override a state law. has anyone heard of this in Florence? I tried looking it up but could not find any info on it. I was talking to my neighbor who happens to be a LEO (I try not to make a habbit of asking LEO's questions about this) and he said Florence does have a OC ban because you could not discharge a firearm in the city why should you be able to carry one in the city was his reasoning. ummm ever heard of self defense? Your thoughts, Info??

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

    particularly:
    Quote Originally Posted by 09jisaac View Post
    Kentucky state's constitution protects the "right to bear arms"[+] Kentucky has a statewide preemptive law against local regulations of firearms, so ALL of Kentucky's gun laws should be the same.[+] Local governments can, however, regulate the carrying of CONCEALED deadly weapons in buildings, but not grounds, they own and/or control.[+]
    Thank you Mr Isaac for the informative post

    You can fight this ordinance as it is unlawful, Kentucky is a commonwealth and our state given rights are the same...

    Good luck!

    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.
    Effective: July 13, 1984
    History: Created 1984 Ky. Acts ch. 42, sec. 1, effective July 13, 1984.

    http://www.lrc.ky.gov/KRS/065-00/870.PDF
    Last edited by kywildcat581; 07-05-2012 at 08:31 PM.

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    A simple printout of that KRS may have a lot more impact on local ordinance than you know..

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    Regular Member 09jisaac's Avatar
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    Quote Originally Posted by kywildcat581 View Post
    A simple printout of that KRS may have a lot more impact on local ordinance than you know..
    You would think it would. It doesn't always work that way though.

    Take a recorder with you when you take this statute to their attention.

    Also, that post was as much for me as it was for anyone else. I find it enough of a thanks that my post is being used as I intended. (You're welcome )
    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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    Florence's ordinances can be found here:
    http://www.amlegal.com/library/ky/florence.shtml


    I could find no such ban. I couldn't even find any ordinance about concealing weapons, either. I was only able to find that it is illegal to discharge the weapon in city limits--provided you aren't at a range or acting in self-defense.

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    Quote Originally Posted by Will.40 View Post
    So I was talking with a guy at my local gun store that I frequent and he told me that Florence KY has a OC ban.. i've never heard of this before but it seems to me that a city should not have laws that can override a state law. has anyone heard of this in Florence? I tried looking it up but could not find any info on it. I was talking to my neighbor who happens to be a LEO (I try not to make a habbit of asking LEO's questions about this) and he said Florence does have a OC ban because you could not discharge a firearm in the city why should you be able to carry one in the city was his reasoning. ummm ever heard of self defense? Your thoughts, Info??
    It shall be a complete defense to any charge hereunder that any person in discharging a firearm was engaged in a bona fide act of self-defense, defense of another, or defense of his home or property in such a manner that the act would not constitute a criminal offense under the statutes or common law of the Commonwealth of Kentucky.

    That came out of the Florence City Ordinances... so.. lets do the logic.

    1) They allow use of a firearm in city limits for self defense
    2) Firearms have to be in the city to be used for self defense
    3) Read above bold words

    LEO's do a job, but are not perfect and not all LEO are educated equally .. the ones you refer to need to read the ordinance..

    http://www.amlegal.com/nxt/gateway.dll/Kentucky/florence/titlexiiigeneraloffenses/chapter131offensesagainsttheperson?f=templates$fn= default.htm$3.0$vid=amlegal:florence_ky$anc=JD_131 .02


    oh yeah... I am not a lawyer nor a legal consultant
    Last edited by kywildcat581; 07-05-2012 at 09:50 PM.

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    Regular Member hotrod's Avatar
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    No such OC ban in Florence! Would love to know which gun store you have been visiting, so that I could OC there.
    Speed is fine
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    Quote Originally Posted by hotrod View Post
    No such OC ban in Florence! Would love to know which gun store you have been visiting, so that I could OC there.
    I only know of two (the one on Turfway and the other on Dixie) unless you count the box stores.
    Easy enought to go to both.

    Mike

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    Quote Originally Posted by ps1mhd View Post
    I only know of two (the one on Turfway and the other on Dixie) unless you count the box stores.
    Easy enought to go to both.

    Mike
    There is the place on US 25 with the range, then you have the two shops at Turfway and Lloyd, the one that never seems to be open that's located on Dixie just north of Turfway, and the little pawn/gun shop back in the old 'Stringtown' neighborhood of Florence.

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    Quote Originally Posted by hotrod View Post
    No such OC ban in Florence! Would love to know which gun store you have been visiting, so that I could OC there.
    I go to quick cash gun and pawn on turfway, its the only one that I know of around here where the prices aren't through the roof.

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    Quote Originally Posted by Will.40 View Post
    So I was talking with a guy at my local gun store that I frequent and he told me that Florence KY has a OC ban.. i've never heard of this before but it seems to me that a city should not have laws that can override a state law. has anyone heard of this in Florence? I tried looking it up but could not find any info on it. I was talking to my neighbor who happens to be a LEO (I try not to make a habbit of asking LEO's questions about this) and he said Florence does have a OC ban because you could not discharge a firearm in the city why should you be able to carry one in the city was his reasoning. ummm ever heard of self defense? Your thoughts, Info??
    I would wait until the 11th and then print out KRS 65.870. It may take until the 12th for the amended statute to be updated on the website, but it will contain the new provisions.
    "I never in my life seen a Kentuckian without a gun..."-Andrew Jackson

    "Guard with jealous attention the public liberty. Suspect every one who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are ruined."-Patrick Henry; speaking of protecting the rights of an armed citizenry.

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    Quote Originally Posted by Brian D. View Post
    There is the place on US 25 with the range, then you have the two shops at Turfway and Lloyd, the one that never seems to be open that's located on Dixie just north of Turfway, and the little pawn/gun shop back in the old 'Stringtown' neighborhood of Florence.
    The one on U.S. 25 with the range is Mark's Guns Inc.

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    The only reason to search the Florence ordinances would be to find any ordinance that is illegal and needs to be removed. If they had such an ordinance, it would be illegal and thus null and void, and unenforceable.

    KRS 65.870 essentially prevents any local firearms ordinances other than regulating CONCEALED carry in local government buildings (with strict limitations on the penalties that can be imposed) and ordinances prohibiting the discharge of a firearm for other than legitimate protected defensive purposes. State law prohibits local laws banning open carry. Period. As if that wasn't obvious enough, it's now a lot more obvious after we passed HB 500 in the 2012 Kentucky legislative session. It was signed into law on April 11th, becomes effective July 12th, and the grace period for local governments to come into compliance is six months later, or January 12th 2013.

    http://www.lrc.ky.gov/krs/065-00/870.pdf

    http://www.lrc.ky.gov/record/12RS/hb500.htm

    Basically, it's illegal for local governments to deprive you of the right to bear arms, it'll be even more illegal after July 12th, and after January 12th local officials can be personally charged with official misconduct, a class B misdemeanor ($250 fine and up to six months in jail) or class A misdemeanor ($500 fine and up to a year in jail) depending on the circumstances.

    I keep hearing stories of Lexington police telling people that it's illegal to open carry in Fayette County, and anyone wishing to be armed needs to get a permit and carry concealed. If that's true, I hope someone records a police officer saying that. It would be a good opportunity to educate our police and our fellow citizens at large.
    Last edited by Liberty4Ever; 07-08-2012 at 07:30 PM.

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    Cool Florence Mall - 07-15-12

    I had some business that ended up leading to the Florence Mall the other day and having read the forum posts, I thought I'd check it out for myself.

    As I started to enter the Mall, I looked all over outside the main entrance for ANY signs and there were none to be seen, good so far! As I entered the main doors I saw a "Mall Cops", apparently they're not allowed to carry because he had no sidearm visible but perhaps he was in CC.

    Troughout my travel inside the Mall on both the upper and lower levels, I saw more than a few mall cops but never had any encounter with any of them in the least, that's not to say that I didn't get a few odd stares but that's a given when you OC. Knowing that this place had a rep for OC'ers getting hassled or worse, I was prepared for the possible mall cop or LEO encounter but nothing.

    I'm glad to say that it went smoothly and I found a few things of interest while looking around.
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    Quote Originally Posted by neuroblades View Post
    I had some business that ended up leading to the Florence Mall the other day and having read the forum posts, I thought I'd check it out for myself.

    As I started to enter the Mall, I looked all over outside the main entrance for ANY signs and there were none to be seen, good so far! As I entered the main doors I saw a "Mall Cops", apparently they're not allowed to carry because he had no sidearm visible but perhaps he was in CC.

    Troughout my travel inside the Mall on both the upper and lower levels, I saw more than a few mall cops but never had any encounter with any of them in the least, that's not to say that I didn't get a few odd stares but that's a given when you OC. Knowing that this place had a rep for OC'ers getting hassled or worse, I was prepared for the possible mall cop or LEO encounter but nothing.

    I'm glad to say that it went smoothly and I found a few things of interest while looking around.
    Great to hear. Glad no problems were encountered. The way it should be
    Speed is fine
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  16. #16
    Regular Member neuroblades's Avatar
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    Just Some Thoughts.

    Quote Originally Posted by hotrod View Post
    Great to hear. Glad no problems were encountered. The way it should be
    While it's not always the case, I'm becoming aware of a pattern, somewhat. I've noticed that for the most part, if we dress respectably, act responsibly, carry ourselves with a sense of knowledge and seem for the most part to be stern & aware of our surroundings; bad encounters are far less likely to occur while we're in OC.

    This is not to say that those that have had bad encounters with LEO or mall cops or whomever are not doing so, it's simple to try to make sense of some of these encounters that should've never happened.

    Those of us that have been in OC for awhile need to take those who haven't "under our wing" and work with them, take them into OC friendly businesses and stores, allow them to get used to OC in a friendly environment as well as teach them the law pertaining to carrying and exactly what their Rights really are. We need to encourage those who are just getting in OC to carry more often once they know the in's and out's of it and once they understand their Right to carry in Kentucky.
    Got SIG? MOLON LABE

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    Quote Originally Posted by neuroblades View Post
    While it's not always the case, I'm becoming aware of a pattern, somewhat. I've noticed that for the most part, if we dress respectably, act responsibly, carry ourselves with a sense of knowledge and seem for the most part to be stern & aware of our surroundings; bad encounters are far less likely to occur while we're in OC.

    This is not to say that those that have had bad encounters with LEO or mall cops or whomever are not doing so, it's simple to try to make sense of some of these encounters that should've never happened.

    Those of us that have been in OC for awhile need to take those who haven't "under our wing" and work with them, take them into OC friendly businesses and stores, allow them to get used to OC in a friendly environment as well as teach them the law pertaining to carrying and exactly what their Rights really are. We need to encourage those who are just getting in OC to carry more often once they know the in's and out's of it and once they understand their Right to carry in Kentucky.
    Agreed. I would like to have a meet and greet in Florence sometime to get to know some of you guys.

  18. #18
    Regular Member hotrod's Avatar
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    I would enjoy a get together.
    Speed is fine
    Accuracy is final

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    Quote Originally Posted by Will.40 View Post
    Agreed. I would like to have a meet and greet in Florence sometime to get to know some of you guys.


    We also need a gun show on this side of the river as well, maybe we could combine the two?

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