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Thread: open carry restricted places question

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    open carry restricted places question

    I lurked around here for awhile, but now I have a question related to OPEN carry.

    In the KY Laws thread KYGLOCKER posted the following:

    I would add the three places prohibited by law and case law under the "Open Carry" portion---(1)Court of Justice Courthouses, (2)Detention Facilites w/out Jailer/Warden(s) consent, (3) K-12 Schools without a CDWL, regarldess of whether signs are posted or not.

    What KRS and/or case laws is this covered under? I can't find it, my search-fu must be weak.

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    Good question, carrying of weapons in judicial buildings isn't against KRS but against judicial order, I believe. Prohibition of weapons on school property can be found in KRS 527.070. KRS 244.125 prohibits loaded firearms in bars. Maybe someone else can cite the KRS concerning the carry in jails.

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    527.20(7)(b) if I am not mistaken. I just skimmed the law.
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    Yeah, that refers to CC. I'm interested in the OC issue. A question came up and I'm looking for relevant case law. Thanks.

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    Regular Member LEX_XDM40compact's Avatar
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    There is no law in regards of what we CAN do whilst open carrying, or what we CANT do while OPEN carrying. which is what makes KY an open carry free state. Only KRS of those that are in regards to firearms in general and conceal carry prohibited places.

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    Quote Originally Posted by LEX_XDM40compact View Post
    There is no law in regards of what we CAN do whilst open carrying, or what we CANT do while OPEN carrying. which is what makes KY an open carry free state. Only KRS of those that are in regards to firearms in general and conceal carry prohibited places.
    I understand. So where are the 3 places in my original post mentioned as being prohibited?

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    Quote Originally Posted by theWatch View Post
    I lurked around here for awhile, but now I have a question related to OPEN carry.

    In the KY Laws thread KYGLOCKER posted the following:

    I would add the three places prohibited by law and case law under the "Open Carry" portion---(1)Court of Justice Courthouses, (2)Detention Facilites w/out Jailer/Warden(s) consent, (3) K-12 Schools without a CDWL, regarldess of whether signs are posted or not.

    What KRS and/or case laws is this covered under? I can't find it, my search-fu must be weak.
    KRS 447.154 Laws not to limit right of Court of Justice to promulgate rules.
    No act creating, repealing, or modifying any statute shall be construed directly, or by implication, to limit the right of the Court of Justice to promulgate rules from time to time or to supersede, modify, or amend any rule so promulgated. Nor shall any statute be construed to limit in any manner the power of the Court of Justice to make rules governing practice and procedure in the courts.

    520.050 Promoting contraband in the first degree.
    (1) A person is guilty of promoting contraband in the first degree when:
    (a) He knowingly introduces dangerous contraband into a detention facility or a penitentiary; or
    (b) Being a person confined in a detention facility or a penitentiary, he knowingly makes, obtains, or possesses dangerous contraband.
    (2) Promoting contraband in the first degree is a Class D felony.

    Definitions for KRS 520.050:
    (3) "Dangerous contraband" means contraband which is capable of use to endanger the safety or security of a detention facility or persons therein, including, but not limited to, dangerous instruments as defined in KRS 500.080, any controlled substances, any quantity of an alcoholic beverage, and any quantity of marijuana, and saws, files, and similar metal cutting instruments;

    (4) "Detention facility" means any building and its premises used for the confinement of a person:
    (a) Charged with or convicted of an offense;
    (b) Alleged or found to be delinquent;
    (c) Held for extradition or as a material witness; or
    (d) Otherwise confined pursuant to an order of court for law enforcement purposes;

    This statute and the definitions make it a felony to openly carry a firearm on detention facility property. Only certain people can carry concealed on detention facility property with the warden or jailer's permission. The people who may do so can be found in KRS 527.020 -- they are Peace Officers and certain COJ employees.

    527.070 Unlawful possession of a weapon on school property -- Posting of sign -- Exemptions.
    (1) A person is guilty of unlawful possession of a weapon on school property when he knowingly deposits, possesses, or carries, whether openly or concealed, for purposes other than instructional or school-sanctioned ceremonial purposes, or the purposes permitted in subsection (3) of this section, any firearm or other deadly weapon, destructive device, or booby trap device in any public or private school building or bus, on any public or private school campus, grounds, recreation area, athletic field, or any other property owned, used, or operated by any board of education, school, board of trustees, regents, or directors for the administration of any public or private educational institution. The provisions of this section shall not apply to institutions of postsecondary or higher education.

    You cannot carry a firearm openly or concealed on K-12 school property unless you keep the firearm in your vehicle. You can carry outside of your vehicle if you get the school board's permission, but then you can only do so if you have a CDWL issued by the state the school is located or you are violating federal law. Peace Officers can't even carry on K-12 school property unless they are at the school on official business or unless they also have a CDWL issued by the state. Even if we (Peace Officer's with arrest powers) carry under authority of the LEOSA we still must have a state-issued CDWL issued by the state the school-zone is located in for us to be legal.

    The Gun Free School Zones Act of 1990 (18 U.S.C. 922(q)) states:

    (A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone


    Hope this helps.
    Last edited by KYGlockster; 06-17-2013 at 07:38 PM.
    "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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