• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Is it LEGAL to open carry or conceal carry in Kentucky State Parks?

Liz Short

New member
Joined
May 1, 2014
Messages
1
Location
kentucky
Is it LEGAL to open carry or conceal carry in Kentucky State Parks? This is a grey area for me, I have several different authoritative figures giving me different answers and I need to know facts.. anyone that can help me, I thank you in advance!:confused:
 

KRM59

Regular Member
Joined
Jul 17, 2010
Messages
256
Location
louisville, Kentucky
What gutshot said

Is it LEGAL to open carry or conceal carry in Kentucky State Parks? This is a grey area for me, I have several different authoritative figures giving me different answers and I need to know facts.. anyone that can help me, I thank you in advance!:confused:



Welcome to OCDO
 

langzaiguy

Regular Member
Joined
Mar 15, 2009
Messages
916
Location
Central KY
This is kind of exciting! If you've been told be an authority figure not to carry in KY state parks, you might have interacted with a deity. Other than that, I don't know of anyone else that trumps what our Constitution says.
 

boomer92266

Regular Member
Joined
Jul 12, 2008
Messages
200
Location
Gamaliel, Kentucky, United States
i contacted barren river state park, the lady i talked to said it was their policy to allow conceal carry with permit. she said she was told that open carry was not allowed or recommended as it may upset some visitors. she said if i had my permit i could conceal but didn't recommend open carry. the number i called was (270)646-2151 and i just called so they answer on sunday which is good. i will say she was very nice and didn't put guns down or anything just told me the park policy. thanks
 

self preservation

Regular Member
Joined
Apr 8, 2012
Messages
1,036
Location
Owingsville,KY
The state has no authority to control the legal open carry of firearms except in schools, detention facilities, court facilities and loaded guns in bars.

KSP post 9 in Morehead has a "no guns allowed" sign. Isn't the state exempt from 65.870, or are you referring to the KY. Constitution?
 

davidmcbeth

Banned
Joined
Jan 14, 2012
Messages
16,167
Location
earth's crust
Is it legal? I can tell you that your have the RKBA in this country. If the state wishes to infringe upon that right and the public sit by and accept it is really the question IMO.
 

self preservation

Regular Member
Joined
Apr 8, 2012
Messages
1,036
Location
Owingsville,KY
KRS 65.870 prohibits local (city and county) governments and their agencies from regulating guns. It has no application to state government or state government agencies at all. State agencies (including KSP) can not adopt policies that violate the constitution or conflict with state law. Ask them what authority they have to restrict guns. KRS 237.110 (16) prohibits concealed weapons in a police station and sheriffs offices. Are you sure the signs don't say "concealed"? Its not uncommon for places to prohibit all weapons, even when they are only empowered to prohibit concealed weapons. I have always been amazed at the apparent confusion over the two. It remains for us to enlighten public officials' confusion with the vagaries of the English language. I have encountered people who really though that the term "concealed carry" was the proper reference for carrying a gun in any manner.

It could have said concealed. It was around 09' or 10' that I was there. I didn't follow gun laws as closely back then as I do now, so it could have said anything and I wouldn't have questioned it. All I knew was that OC was legal and I had to transport 40+ thousand dollars worth of cash (long story) from point A to point B and I wasn't willing to do it unarmed.

I guess I've been confused as to what powers the state has. I know the KY. Constitution reads something to the affect of "the general assembly may only enact laws to prevent people from concealing deadly weapons", but I didn't know if they had a broader power to refuse them into state buildings or on state land. I assume that they can not stop you from open carrying into a state building because the state constitution only allows laws that addresses conceal carry, and since a law can not be passed in regards to OC it is legal because no law says that it is not? Am I close, dead on or way off in left field?
 

boomer92266

Regular Member
Joined
Jul 12, 2008
Messages
200
Location
Gamaliel, Kentucky, United States
What was her name? What was her job title?



Who wrote and who enforces that policy? Where is it written down? Did she or somebody else just make it up?



Told by whom and under what authority?

Did you ask what they would do if you OC at the park?


i will call tomorrow and get their name and ask the other questions, i know at the camp sites at the lake there are no firearms allowed signs put up as of 2 yrs ago, don't know now, i ask the manager of the grounds and he said the coe controlled the park and didn't allow guns. the lady today didn't tell me that she said it was there policy to allow conceal but not open carry. i will do my best to get straight answers tomorrow
 

davidmcbeth

Banned
Joined
Jan 14, 2012
Messages
16,167
Location
earth's crust
The AG said that since the General Assembly was out of session and could not act, the Governor could act in their place and the Executive Order could stand until the next session of the GA and they had a chance to act on the idea. The next year the GA did not act on that subject and the Gov.'s Executive Order expired. ..... <snip> Preposterous!![/SIZE][/FONT]

That AG is an idiot. There is only a short window of time that the assembly can act anyway ... in submitting bills etc.

The AG's decision means that the Gov can sign whatever EO he wants and thwart any law he wants.

All EO's involving legislation that passed should be DOA due to separation of powers anyway. The GA makes the laws, the executive branch enforces. I guess the Gov could sign a EO not to enforce a law but not to abolish one.
 

aadvark

Regular Member
Joined
Aug 25, 2009
Messages
1,597
Location
, ,
Of Note..., KRS 65.870 says: 'NO Existing or Future..., "Department"..., or any Person Acting under Authority of any of These [as in a Board]..., may Occupy any Part of The Field of The Regulation of..., Firearms, Ammunition, [etc.].'

One could Argue that The Kentucky State Parks are Included under KRS 65.870 because said Parks are Operated by The Kentucky "Department" of Parks.

I Looked through Chapter 148 of Title XII of The Kentucky Revised Statutes, The Chapter of Law Authorizing The Creation of The Department of Parks, and I could Find NO Law that Prohibits Firearms within any Park under its Jurisdiction.
 
Last edited:

boomer92266

Regular Member
Joined
Jul 12, 2008
Messages
200
Location
Gamaliel, Kentucky, United States
i just got off the phone, i asked to speak to the one in charge. a lady i spoke with was very nice and read the rules to me and this is what she said. open carry is ok anywhere in the park, there are still signs up against weapons but ignore them they will be coming down soon if not already. if you conceal a weapon you must have a permit, if concealing and are asked for the permit you are required to show permit. brandishing is not allowed, first offense you are warned, second offense you will be asked to put the weapon in your vehicle, third offense law inforcement will be called. the ladies name was Vanessa and she seemed to be well informed on everything. she did say in the event that self defense was needed that it wouldn't be brandishing if it was in a self defense of you or someone else. she said they considered brandishing as removing gun from holster when not being in use, also waiving it around would also be considered bradishing. a person doing this could be charged with wanton endangerment. but that carrying firearm was fine and welcomed, she told me to let everyone know welcome to barren river state park.
 
Top