Open Carry Laws

jsheets · Dec 5, 2016

I am 19 and live in Kentucky and I want to know about possessing and open carrying a handgun. Is it legal to do either, both or neither? I know I can't purchase from a FFL until 21. Also, I am a student at the University of Kentucky but I live in an apartment off campus. Is it legal for me to have a handgun in my apartment? And can the apartment complex prohibit me from doing so?

Grapeshot · Dec 5, 2016

Welcome to OCDO.

These will give you a start to providing answers:
http://www.opencarry.org/state-info-i-m/kentucky/

http://forum.opencarry.org/forums/showthread.php?99708-Kentucky-Gun-Laws

Locals should be responding soon.

jsheets · Dec 5, 2016

gutshot said:
Welcome to OCDO. The Commonwealth of Ky. recognizes all persons that have reached the age of 18 as adults and an adult can purchase, own and carry a handgun. There may be some events in a persons life that make them prohibited persons, such as being convicted of a felony. Absent that event, you are legally able to purchase, own and carry a firearm. The restriction on FFL sales to those under the age of 21 is a restriction on the dealer, not the buyer, but has the same effect. You may buy a gun in a "private sale" transaction with another resident of your home state, transacted within that state and you can be "gifted" a firearm from a similar person. Are you a legal resident of KY or are you transient, while attending school?

You can carry your handgun as long as you do not conceal it. KY Concealed Deadly Weapons Licenses may only be issued to those 21+ years of age. Actually, concealed weapons are more restricted that openly carried weapons, so you can open carry in some places where concealed weapons are not allowed.

You may certainly keep your gun in your apartment. Carrying openly there may or may not cause you some problems. The common areas surrounding your apartment is private property that you do not own. Who owns the property? Is it public property? Is the city involved? Is the university involved? Is that activity specifically prohibited in your lease? If it is not, you may not have any problems, Ky. is a very gun friendly state, but Lexington is one of the least gun friendly cities in that state.

The Ky. Concealed carry Coalition (KC3) maintains a FAQ section on their website at KC3.com. You can find direct links to the Ky statutes on many gun related subjects. That page can be found here:
http://kc3.com/2015/05/frequently-asked-questions-about-ky-gun-laws/

OCDO is the best place to find answers to any other questions that you might have. Good luck.

The property is owned by a business called American Campus Communities. I am not sure if it's public property or not but I don't think the city is involved and I know for fact that the university doesn't own it. The lease was pretty long and my Dad, who co-signed, didn't want to read it all so the employee just pointed out the main points on each page. I am most concerned about whether or not they allow me to have it in my apartment. So, more specifically, can the lease specify no guns on the property? I know you said that it might specify no open carry, but do they have the right to prohibit all guns everywhere as it is privately owned. As I said it's off campus by at least 3/4 of a mile and the university doesn't own it.

Grapeshot · Dec 5, 2016

jsheets said:
The property is owned by a business called American Campus Communities. I am not sure if it's public property or not but I don't think the city is involved and I know for fact that the university doesn't own it. The lease was pretty long and my Dad, who co-signed, didn't want to read it all so the employee just pointed out the main points on each page. I am most concerned about whether or not they allow me to have it in my apartment. So, more specifically, can the lease specify no guns on the property? I know you said that it might specify no open carry, but do they have the right to prohibit all guns everywhere as it is privately owned. As I said it's off campus by at least 3/4 of a mile and the university doesn't own it.

Privately held REIT, real estate investment trust.

"American Campus Communities, Inc., incorporated on March 9, 2004, is a self-managed and self-administered equity real estate investment trust (REIT). The Firm holds an approximately 98.8% limited partnership interest in American Campus Communities Operating Partnership L.P."
http://www.kentuckypostnews.com/201...pus-communities-inc-nyseacc-sentiment-report/

jsheets · Dec 5, 2016

gutshot said:
You have a constitutional right to have a gun in your home, so the gun would be OK in the apartment. Getting it in and out could be a problem. You must be aware that even if the law says that you can have a gun in your apartment, the owners don't have to rent to you.
They can always fabricate some reason to not renew your lease.

The lease reads "Neither you nor your guests will be allowed to engage in the following prohibited activities: (iv) engaging in or threatening violence or any criminal activity, (v) possessing a weapon, (vi) discharging a firearm in the Apartment Community, (vii) displaying a firearm, BB gun, pellet gun, any other air powered weapon, knife or other weapon in the Apartment Community in a threatening manner."
Do you know what to make of this? It seems in the beginning as if it's prohibited, but the last one makes it seem legal as long as I remain civil with it.

Grapeshot · Dec 5, 2016

jsheets said:
The lease reads "Neither you nor your guests will be allowed to engage in the following prohibited activities: (iv) engaging in or threatening violence or any criminal activity, (v) possessing a weapon, (vi) discharging a firearm in the Apartment Community, (vii) displaying a firearm, BB gun, pellet gun, any other air powered weapon, knife or other weapon in the Apartment Community in a threatening manner."
Do you know what to make of this? It seems in the beginning as if it's prohibited, but the last one makes it seem legal as long as I remain civil with it.

Already been said that they can control/restrict in the common areas, but not in your apartment. I would not make an issue of it unless you are willing to accept the consequences - discretion can be the better part of valor.....and cheaper too.

Might consider moving and maybe rent sharing with friends of similar life styles.

Jeffersoniantoo · Dec 5, 2016

Just my opinion...

...I am summarizing the above well founded statements...

1. You are OK in your apartment.
2. You are probably NOT OK transiting to your vehicle as you will cross "common" property.
3. You should seek alternate housing as soon as possible. Preferably with people of like understanding of both intentions and law.

Good luck! And don't give up on your rights!!!

Nascar24Glock · Dec 6, 2016

gutshot said:
Yes, I know what to make of this. You're screwed.

You can keep a gun in your apartment, but if they find out about it they will find a way to evict you for violating the terms of your lease.

You can't openly carry to and from your apartment. You could hide the gun, but then you will have committed a crime. You will have violated KRS 527.020, carrying a concealed deadly weapon. If you are caught doing that you could wind up in jail. Don't despair, you have opinions.
1. Move and never agree to such ridiculous terms again.
2. Wait three years and get a Ky. CCDW and then sneak the gun past everybody.
3. Forget the whole thing.

Does Kentucky allow a person without a CCW to transport their weapon in an enclosed case (unloaded, no ammo in the box, with the box locked, etc)? I know most states do.

Even if that's not allowed, the OP could simply put it in their car, then while openly carrying sneak it in at, say, 3 AM when no one is likely to see it. Regularly carrying to or from the apartment might cause an issue, though.

countryclubjoe · Dec 6, 2016

Since the bad guys know this complex is ruled by tyrants that could care less about its tenants safety, I would soon be looking to break the lease..

My .02

poetdante · Dec 7, 2016

Sounds like this is a college apartment complex, the kind that are promoted for use by universities but are privately owned? We have several around UofL, and one in particular is owned by the same company as the one you are asking about. In short: it's your private property, they can't prohibit you from having a firearm there nor can the university (assuming you're a college student). Send me a message with some more info, this sounds like a weird lease as they shouldn't be able to prohibit you from possessing a firearm. As for transporting it to and from your car, you can transport it in a box, like the kind it came in, unloaded. That is not considered "carrying concealed" then just load the mag in the gun when you get to your car.

jsheets · Dec 14, 2016

So is it legal for me to carry back and forth unloaded in case?

davidmcbeth · Dec 15, 2016

jsheets said:
The lease reads "Neither you nor your guests will be allowed to engage in the following prohibited activities: (iv) engaging in or threatening violence or any criminal activity, (v) possessing a weapon, (vi) discharging a firearm in the Apartment Community, (vii) displaying a firearm, BB gun, pellet gun, any other air powered weapon, knife or other weapon in the Apartment Community in a threatening manner."
Do you know what to make of this? It seems in the beginning as if it's prohibited, but the last one makes it seem legal as long as I remain civil with it.

And if a contract is written with ambiguity...who wins the day over a section or sections that could be read either way? The person who did not write the contract.

A bb gun is not a firearm ... (vii) covers guns and other things....so you can have a gun. End of story.

Simple contract law. So regardless of RKBA arguments ... the gun owner should prevail.

I've been to court several times over lease provisions having conflicts between different parts ... I have always prevailed.

countryclubjoe · Dec 15, 2016

davidmcbeth said:
And if a contract is written with ambiguity...who wins the day over a section or sections that could be read either way? The person who did not write the contract.

A bb gun is not a firearm ... (vii) covers guns and other things....so you can have a gun. End of story.

Simple contract law. So regardless of RKBA arguments ... the gun owner should prevail.

I've been to court several times over lease provisions having conflicts between different parts ... I have always prevailed.

Are you perry mason? Get some rest old timer, LOL

davidmcbeth · Dec 15, 2016

countryclubjoe said:
Are you perry mason? Get some rest old timer, LOL

Well if you win the day with the actual terms of the contract, which is what the opposing party will solely rely upon, then this should be the focus of the tenant's argument with RBKA./state statutes being a 2nd line of argument.

Get into statues and constitutional issues and you'll confuse some judges...

Open Carry Laws

jsheets

Newbie

Grapeshot

Legendary Warrior

jsheets

Newbie

Grapeshot

Legendary Warrior

jsheets

Newbie

Grapeshot

Legendary Warrior

Jeffersoniantoo

New member

Nascar24Glock

Regular Member

countryclubjoe

Regular Member

poetdante

Regular Member

jsheets

Newbie

davidmcbeth

Banned

countryclubjoe

Regular Member

davidmcbeth

Banned