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Thread: Kentucky Pistol/SD Question

  1. #1
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    In Kentucky, you don't need any kind of license to posess a pistol, just to carry concealed, correct? My wife is in Murray, and this morning her bike was stolen. She said she nad her roommate have seen a "creepy" guy around the house, and her roommates fiance is missing two paychecks. This makes me nervous with only two young women living in the house. I want to send her back this weekend with my Glock to keep in the house Just in case. Does KY have a castle doctrine that would protect her or her roommate if this guy where to break into the house and one of them had to shoot him? Also, I'm assuming it's actually a crime to bringa firearm onto a college campus in KY, unlike Missouri where you can only be asked to leave (unless you refuse, in which case you can be "cited")?

    Edit: I did some poking around on Packing.org and found these:

    • Elementary or secondary school facilities 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. Note: Unlawful possession of a weapon on school property in Kentucky is a felony punishable by a maximum of five (5) years in prison and a ten thousand dollar ($10,000) fine.
    • Carrying of a concealed weapon, or ammunition, or both in a location specified in this subsection by a license holder shall not be a criminal act but may subject the person to denial from the premises or removal from the premises, and, if an employee of an employer, disciplinary measures by the employer.
    From these it looks like College Campuses are not included in the "prohibited places" and the law seems to be similar to Missouri.Sounds likeI could CC on Murray State's campus and in their buildings (which are posted) (I'm not a student, my wife is), and the worst they could do if I was made is ask (tell) me to leave. Do I read this correctly?

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    State Law in KY allows the individual post-secondary schools to restrict the posession of firearms on campus. This statute is found under the heading of concealed carry so I'm not sure how it applies to OC. Rule of thumb in KY is that if there is no sign present, you're good. An official may ask her to leave, leaving the only possible offense as trespassing if she refuses. IMO it's worth the risk as the only way they would find a CC is during a search. Risk-getting asked to leave campus one day. Reward- Knowing you have the capacity to deter a psychotic individual. Yep... worth it.

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    Your in Murray or just your wife? I also live in Murray, KY

    I know personally MSU has a hard-on for people who carry guns onto campus. I reccomend you NOT, if she is a student there she will probably be expelled if she is NOT a student they might place her on a list of people who are not prohibited to be on campus.

    Kentucky also has Castle Doctrine and I believe recently "stand your ground", however you cannot keep a weapon concealed in your home. If she does keep the firearm make sure to keep it in a place that is visible. I reccomend having her wear it on her hip while she is at home (I do sometimes) she may alos legally keep the weapon in her glove-box but ONLY the glove box. Not under the seat or in the console!

    Note: Juts because a guy looks "creepy" does not mean he is dangerous, some people just look "creepy". He's probably just a regular guy.

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    Just my wife. I came down from time to time to visit and such. No need to worry now. She graduated last weekend. That's wierd that you can't keep a weapon concealed in your own home in KY (I assume W/O a CC Permit). Thanks for your input.

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    AbsolutZer0,

    You say in Kentucky you cannot keep a weapon CONCEALED in your OWNhome and that one must make sure to keep it in a place that is visible. Please advise the basis, if any, for your position.

    I'm afraid someone has misled you.

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    Captain38 wrote:
    AbsolutZer0,

    You say in Kentucky you cannot keep a weapon CONCEALED in your OWNhome and that one must make sure to keep it in a place that is visible. Please advise the basis, if any, for your position.

    I'm afraid someone has misled you.
    I, also, am confused, Zero!The Captain puts things in his customary gentlemanly fashion, but I would have to say BS to this one, Sir! I am confident that no such restriction applies. Not trying to be a smart ass here, but check it out.

    Maybe think about it? Long guns locked in a closet or gunsafe, out of the way of small kids. A little something for home defence out of sight and reach of small kids, but readily accesible.This is a common arrangement, pretty much what I do,and 100% legal in KY, as far as I know. Everything "concealed", in fact!

    You might drop the Captain a line privately, I have done so in the past, and gotten much good and sound advice from the gentleman. He will know the dope on this one.

    All good wishes, mate,

    TrueBrit.




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    Yeah. might have. I am looking all over the KRS and I can't see it. I think I read it on packing.org, but I am prety sure there is a KRS for it but I am always willing to admit I could be mistaken.



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    AbsolutZer0 wrote:
    Yeah. might have. I am looking all over the KRS and I can't see it. I think I read it on packing.org, but I am prety sure there is a KRS for it but I am always willing to admit I could be mistaken.

    Spoken like the true Kentucky gentleman that you are, Zero!

    Seriously,I am sure that you will find that we are even LESS restricted with our guns in KY than you might think!

    Best wishes,

    TrueBrit.

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    Old thread but let me post a few facts.

    CC is allowed on college/university property. They may prohibit it through signs but the worse that can happen is trespassing upon refusal to leave the premises. The school will mostly likely have a policy to expel *students* who break it but a non-student need not worry about that.

    There is a castle doctrine and case law which should cover you pretty well in the dreadful event of a home invasion.

    There is no law in regards to concealing inside your house. I'm not sure where Zero got that idea but his suggestion of having it on her hip isn't a bad idea as the quickest access would be there.


    ETA: As always, read the law but I wouldn't lie (knowingly.)

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    In the State of Utah for Example...(http://le.utah.gov/~code/TITLE76/76_02.htm)

    Utah Code Section 76-10-511




    76-10-511. Possession of loaded weapon at residence authorized. Except for persons described in Section 76-10-503, a person may have a loaded firearm at his ...
    le.utah.gov/~code/TITLE76/htm/76_0C045.htm - 2k - Cached - Similar pages


    76-10-511. Possession of loaded weapon at residence authorized.
    Except for persons described in Section 76-10-503, a person may have a loaded firearm at his place of residence, including any temporary residence or camp.


    Amended by Chapter 234, 1993 General Session
    Download Code Section Zipped WP 6/7/8 76_0C045.ZIP 1,707 Bytes



    76-2-401 Justification as defense -- When allowed.
    WP Zipped -- 2,244 bytes -- Last Update 09-Aug-02
    76-2-401. Justification as defense -- When allowed.
    (1) Conduct which is justified is a defense to prosecution for any offense based on the conduct. The defense of justification may be claimed:
    (a) when the actor's conduct is in defense of persons or property under the circumstances described in Sections 76-2-402 through 76-2-406 of this part;
    (b) when the actor's conduct is reasonable and in fulfillment of his duties as a governmental officer or employee;
    (c) when the actor's conduct is reasonable discipline of minors by parents, guardians, teachers, or other persons in loco parentis, as limited by Subsection (2);
    (d) when the actor's conduct is reasonable discipline of persons in custody under the laws of the state; or
    (e) when the actor's conduct is justified for any other reason under the laws of this state.
    (2) The defense of justification under Subsection (1)(c) is not available if the offense charged involves causing serious bodily injury, as defined in Section 76-1-601, serious physical injury, as defined in Section 76-5-109, or the death of the minor.


    Utah Code Section 76-2-405




    76-2-405. Force in defense of habitation. (1) A person is justified in using force against another when and to the extent that he reasonably believes that ...
    le.utah.gov/~code/TITLE76/htm/76_02025.htm - 3k - Cached - Similar pages


    76-2-405. Force in defense of habitation.
    (1) A person is justified in using force against another when and to the extent that he reasonably believes that the force is necessary to prevent or terminate the other's unlawful entry into or attack upon his habitation; however, he is justified in the use of force which is intended or likely to cause death or serious bodily injury only if:
    (a) the entry is made or attempted in a violent and tumultuous manner, surreptitiously, or by stealth, and he reasonably believes that the entry is attempted or made for the purpose of assaulting or offering personal violence to any person, dwelling, or being in the habitation and he reasonably believes that the force is necessary to prevent the assault or offer of personal violence; or
    (b) he reasonably believes that the entry is made or attempted for the purpose of committing a felony in the habitation and that the force is necessary to prevent the commission of the felony.
    (2) The person using force or deadly force in defense of habitation is presumed for the purpose of both civil and criminal cases to have acted reasonably and had a reasonable fear of imminent peril of death or serious bodily injury if the entry or attempted entry is unlawful and is made or attempted by use of force, or in a violent and tumultuous manner, or surreptitiously or by stealth, or for the purpose of committing a felony.


    Amended by Chapter 252, 1985 General Session
    Download Code Section Zipped WP 6/7/8 76_02025.ZIP 2,215 Bytes






    Utah Code Section 76-2-406




    76-2-406. Force in defense of property. A person is justified in using force, other than deadly force, against another when and to the extent that he ...
    le.utah.gov/~code/TITLE76/htm/76_02026.htm - 3k - Cached - Similar pages


    76-2-406. Force in defense of property.
    A person is justified in using force, other than deadly force, against another when and to the extent that he reasonably believes that force is necessary to prevent or terminate criminal interference with real property or personal property:
    (1) Lawfully in his possession; or
    (2) Lawfully in the possession of a member of his immediate family; or
    (3) Belonging to a person whose property he has a legal duty to protect.


    Enacted by Chapter 196, 1973 General Session
    Download Code Section Zipped WP 6/7/8 76_02026.ZIP 1,801 Bytes



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    It is extremely hard for me to fathom that I would not be allowed to carry concealed in my home. But I took my CCDW class this weekend and they have a lawyer read the statutes that cover CDW. He read 527.020 (1) “A person is guilty of carrying a concealed weapon when he or she carries concealed a firearm or other deadly weapon on or about his or her person.” and added “even in your own home”. This just blew my mind. Supposedly there is case law to support this from a 1935 case. I have searched for over an hour (found this great site) but cannot find a creditable source to say one way or the other. Some suggest that since there are no explicit exceptions to the statute for carrying concealed in the home, like there are for police officers and CCDW permit holders, then it is technically illegal.



    Anyone know where I could find a definitive answer?





    TrueBrit wrote:

    <snip>
    Maybe think about it? Long guns locked in a closet or gunsafe, out of the way of small kids. A little something for home defence out of sight and reach of small kids, but readily accesible.This is a common arrangement, pretty much what I do,and 100% legal in KY, as far as I know. Everything "concealed", in fact!

    <snip>
    If your guns are in the safe they are not on or about your person so you are not carrying a CDW. I guess the same is true for the pistol in my night stand as long as I don’t invite the police officer to come and stand beside my bed?

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    I had a drawn out argument with another deputy about that very thing. He showed me his "rule" book and I read it different. The word "guilty" in this manner does not connote breaking a law.

    I am "guilty" of wearing a watch if I have one on. I am "guilty" of wearing a hat, shoes, pants etc should I have them on. Confusing, and I am "guilty" ofhaving a house full of hidden weapons. ??????

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    TheMrMitch wrote:
    I had a drawn out argument with another deputy about that very thing. He showed me his "rule" book and I read it different. The word "guilty" in this manner does not connote breaking a law.

    I am "guilty" of wearing a watch if I have one on. I am "guilty" of wearing a hat, shoes, pants etc should I have them on. Confusing, and I am "guilty" ofhaving a house full of hidden weapons. ??????
    Awww yes, you just have to love the way "they" write up "their" rule books, don't ya? *LOL* Life in modern times! *LOL*
    Got SIG? MOLON LABE

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    tmwsiy wrote:

    It is extremely hard for me to fathom that I would not be allowed to carry concealed in my home. But I took my CCDW class this weekend and they have a lawyer read the statutes that cover CDW. He read 527.020 (1) “A person is guilty of carrying a concealed weapon when he or she carries concealed a firearm or other deadly weapon on or about his or her person.” and added “even in your own home”. This just blew my mind. Supposedly there is case law to support this from a 1935 case. I have searched for over an hour (found this great site) but cannot find a creditable source to say one way or the other. Some suggest that since there are no explicit exceptions to the statute for carrying concealed in the home, like there are for police officers and CCDW permit holders, then it is technically illegal.

    I had the same information given to me on my ccdw training... the mono-tone guy on the video that required the use of toothpicks in the eye lids to stay awake.. I am curious of the information as well, and it caught me off guard. Just as did my CCDW instructor told me that a gun in the passenger seat or elsewhere in a vehicle was unlawful unless permitted, must be in the trunk or the glove box... even though personal experience differs from this, I wanted to argue more than I done , but I also want my ccdw class completed without ejection
    I got a gun for my wife.. good trade!

  15. #15
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    This is pretty much common sense! Not having a conceal weapon in your house sounds crazy. I will give you some examples and you tell me if it makes sense. One, suppose you have kids at home. It tells you in your gun manuel to never leave a loaded firearm unattended. So you must put it away from the kids weather its loaded or unloaded. If you don't and your kid get to it and shoots one of his friends, then you are liable for it. You will be charge in the court of law for your kid actions. We read about this all the time in the media. two, how are you suppose to defend yourself or family if someone breaks in to do you body harm. Tell the will be burglar to wait while you go get your gun. Hell no-thats your home and what ever goes on it, is no one business with some exceptions. That is just two examples and there are many more that I could post. Just think about it for a few minutes. This is not coming from the letter of the law but from common sense.
    Capricorn

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    To be considered carrying concealed it needs to concealed but also it needs to be on our about your person. If your guns are put away then they are not on or about your person so you are not carrying concealed. All my guns are unloaded and locked away in the house except for a pistol at the top of my closet and a pistol on top of the cabinet in my kitchen. My son is only two so this is safe for the next year or so. I’m not worried about the gun in my bedroom since I don’t plan on having a LEO stand in my closet, but what about the gun in the kitchen? If I invite a LEO into my home, which I have no problem with; we will both be standing within reaching distance of a firearm that is not visible. Technically I think I am guilty of having a concealed weapon but unless I pull it out I’m OK.



    LEO can look around your house if you invite them in and anything in plain view if fair game. From my understanding they cannot uncover things or open drawers etc. So if you have a hand gun under a t-shirt on the table the LEO cannot remove the t-shirt even if he thinks there is a gun. Actually that might be incorrect because the law gives LEO a lot of leeway when it comes to personal safety, and rightly so. But if I had drugs or something else illegal that was not a treat to the LEO they could not uncover it… Just my 2 cents.

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    I can tell that this tread is coming back alive and that's a good thing. But not to have a conceal weapon in your house is hog wash. What are they saying that you need a CCDW to have in your home. Just speaking aloud! I am going to research this law due to the fact that I am very interested in finding out. I might be wrong and thats okay due to fact that I am not always right and my wife always remind me of this every day. Lol
    Capricorn

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    The case I refer to, in which another deputy and I crossed lines, had to do with a female arrested in her home when a handgun was found in her purse in her bedroom.

    She was charged with illegal CC. She was a felon and should have been charged with illegal "possession".

  19. #19
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    Gunshot-

    Thanks alot for informationLEO is not welcome into my house. Lol:celebrate
    Capricorn

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