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Thread: 65.870 v 237.115 ???

  1. #1
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    65.870 v 237.115 ???

    It seems like 237.115 says they can and 65.870 says they can't.
    Does 65.870 overturn 237.115 or am I miss reading it
    I do know that 237.115 deals with CC not OC. But local city (Warsaw) will be talking about this Monday.

    237.115 Construction of KRS 237.110 -- Prohibition by local government units of carrying concealed deadly weapons in governmental buildings -- Restriction on criminal penalties.
    (1) Except as provided in KRS 527.020, nothing contained in KRS 237.110 shall be construed to limit, restrict, or prohibit in any manner the right of a college, university, or any postsecondary education facility, including technical schools and community colleges, to control the possession of deadly weapons on any property owned or controlled by them or the right of a unit of state, city, county, urban-county, or charter county government to prohibit the carrying of concealed deadly weapons by licensees in that portion of a building actually owned, leased, or occupied by that unit of government.


    65.870 Local firearms control ordinances prohibited -- Exemption from immunity -- Declaratory and injunctive relief.
    (1) No existing or future city, county, urban-county government, charter county, consolidated local government, unified local government, special district, local or regional public or quasi-public agency, board, commission, department, public corporation, or any person acting under the authority of any of these organizations may occupy any part of the field of regulation of the manufacture, sale, purchase, taxation, transfer, ownership, possession, carrying, storage, or transportation of firearms, ammunition, components of firearms, components of ammunition, firearms accessories, or combination thereof.

  2. #2
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    Quote Originally Posted by ps1mhd View Post
    It seems like 237.115 says they can and 65.870 says they can't.
    Does 65.870 overturn 237.115 or am I miss reading it
    I do know that 237.115 deals with CC not OC. But local city (Warsaw) will be talking about this Monday.

    237.115 Construction of KRS 237.110 -- Prohibition by local government units of carrying concealed deadly weapons in governmental buildings -- Restriction on criminal penalties.
    (1) Except as provided in KRS 527.020, nothing contained in KRS 237.110 shall be construed to limit, restrict, or prohibit in any manner the right of a college, university, or any postsecondary education facility, including technical schools and community colleges, to control the possession of deadly weapons on any property owned or controlled by them or the right of a unit of state, city, county, urban-county, or charter county government to prohibit the carrying of concealed deadly weapons by licensees in that portion of a building actually owned, leased, or occupied by that unit of government.


    65.870 Local firearms control ordinances prohibited -- Exemption from immunity -- Declaratory and injunctive relief.
    (1) No existing or future city, county, urban-county government, charter county, consolidated local government, unified local government, special district, local or regional public or quasi-public agency, board, commission, department, public corporation, or any person acting under the authority of any of these organizations may occupy any part of the field of regulation of the manufacture, sale, purchase, taxation, transfer, ownership, possession, carrying, storage, or transportation of firearms, ammunition, components of firearms, components of ammunition, firearms accessories, or combination thereof.

    65.870
    (7) The provisions of this section shall not apply 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.

    237.115
    (2) Except as provided in KRS 527.020, the legislative body of a state, city, county, or urban-county government may, by statute, administrative regulation, or ordinance, prohibit or limit the carrying of concealed deadly weapons by licensees in that portion of a building owned, leased, or controlled by that unit of government. That portion of a building in which the carrying of concealed deadly weapons is prohibited or limited shall be clearly identified by signs posted at the entrance to the restricted area. The statute or ordinance shall exempt any building used for public housing by private persons, highway rest areas, firing ranges, and private dwellings owned, leased, or controlled by that unit of government from any restriction on the carrying or possession of deadly weapons. The statute, administrative regulation, or ordinance shall not specify any criminal penalty for its violation but may specify that persons violating the statute or ordinance may be denied entrance to the building, ordered to leave the building, and if employees of the unit of government, be subject to employee disciplinary measures for violation of the provisions of the statute or ordinance. The provisions of this section shall not be deemed to be a violation of KRS 65.870 if the requirements of this section are followed. The provisions of this section shall not apply to any other unit of government.

    (3) Unless otherwise specifically provided by the Kentucky Revised Statutes or applicable federal law, no criminal penalty shall attach to carrying a concealed firearm or other deadly weapon with a permit at any location at which an unconcealed firearm or other deadly weapon may be constitutionally carried.

  3. #3
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    What can city council do

    The way i reas KRS 237.115 only allows city council to ban ccw in the council chambers only. The law read protion of a building, not all buildings.

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