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Thread: KY 65.870 OC at work Frankfort Ky

  1. #1
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    KY 65.870 OC at work Frankfort Ky

    I work for a city of the second class fire dept. Can i as an employee OC at work ? There has been some debate about this mostly on KRS 65.870 sub section #7 is there a loop hole for cities etc.. to be able to control the employee on the right to carry openly.

    Thank you.

  2. #2
    Regular Member self preservation's Avatar
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    Quote Originally Posted by gutshot View Post

    Section (7) gives an exemption to Sections (1) through (6) "where a statute specifically authorizes
    or directs an agency or person specified in subsection (1) of this section to regulate a subject specified in subsection (1) of this section".

    I know of no statute that fulfills this requirement except KRS 237.115, which deals exclusively with concealed weapons. That was the purpose of Section (7), to allow cities to use 237.115.

    This is a quote from a Ky. League of Cities advisory to all its members, "A city cannot prohibit citizens from openly carrying deadly weapons anywhere on city property."

    You can see this advisory in full at:


    http://www.klc.org/news_detail.asp?article=1655

    The answer to your question is, no. Cities cannot regulate openly carried firearms in any manner and cannot prevent employees from openly carrying a firearm or discipline them for doing so. However, you must be smart about approaching them about this. They can always claim to fire you for some other, fictional violation. Members of this board have had that happen to them on several occasions. Let someone else handle this for you, someone that doesn't work for the city, someone they can't touch. If you send me some documentation of this I think I can do it. I'll need a copy of their official policy and/or pictures of any signs.
    It say's "A city cannot prohibit citizens from openly carrying deadly weapons anywhere on city property." But how would this protect on duty employees? It also states "A city can impose penalties that deny access to the building or require the person to leave the building, and city employees who violate the concealed weapon ordinance can be subjected to disciplinary measures." but does not specify a protected right for employees to OC while on duty.
    Last edited by self preservation; 03-01-2013 at 10:22 PM.
    “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.

  3. #3
    Regular Member self preservation's Avatar
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    Are employees not citizens? If not, when did they lose their citizenship? Do they lose it when they come to work then regain it when they go home?
    Yes and no. Yes employees are still citizens, but would the same rules/laws apply the same to Mr.Citizen/on duty Employee as they would to regular Mr.Citizen? For example, while I'm at work I am told what I can and can not wear. I am told to be clean shaven. I am told that I can not have the slightest amount of alcohol in my system. If I fail to follow these rules I am charged with an offense from the policy book. Yet a citizen can walk in with alcohol on his breath while wearing shorts and a dirty tee-shirt while sporting a full beard and all is ok. I understand that beards and shirts and mud on your shoes are no where in the KY law book. My point being is that I fear that if I open carry at work that I will be slapped with a "conduct unbecoming" charge (and by charge I mean an internal charge, not a criminal or legal charge) or something similar to that. And when I appeal to the city they will back the brass as they always do in every disciplinary action that I have ever seen them hold "trial" on.

    Then we head to court to see what the judge/jury has to say about it. Of course this hasn't been challenged in court yet so we have no idea where this would land. But as you have said, it's sometimes better to have an outsider fight these fights. What's the old saying? Ah yes, "don't sh!t where you eat" is how it goes. I don't care to stir the water but when it comes to my livelihood I just have to be sure.
    “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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