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Thread: CC and OC question

  1. #1
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    first let me start off by saying im 20 years of age. ( will be 21 in july ) ive never been in trouble with the police...ive never even been pulled over. Im a up-standing law abiding citizen basically. I also live in a small kentucky town were we have about 5 police officers on our city police and about 4-5 Sherif/deputys.

    I have asked this in the Kentucky forums but i figured that id ask it here and possibly get a few more answers or thoughts.

    In kentucky the state legislature statute says

    527.100 Possession of handgun by minor.
    (1) A person is guilty of possession of a handgun by a minor when, being under the age
    of eighteen (18) years, he possesses, manufactures, or transports a handgun as
    defined by KRS 527.010, except when the person is:
    (a) In attendance at a hunter's safety course or a firearms safety course;
    (b) Engaging in practice in the use of a firearm, or target shooting at an
    established firing range, or any other area where the discharge of a firearm is
    not prohibited;
    (c) Engaging in an organized competition involving the use of a firearm, or
    participating in or practicing for a performance by a group organized under
    Section 501(c)(3) of the Internal Revenue Code or any successor thereto
    which uses firearms as a part of the performance;
    (d) Hunting or trapping pursuant to a valid license issued to him pursuant to the
    statutes or administrative regulations of this Commonwealth;
    (e) Traveling to or from any activity described in paragraphs (a) to (d) of this
    subsection with any unloaded handgun in his possession;
    (f) On real property which is under the control of an adult and has the permission
    of that adult and his parent or legal guardian to possess a handgun; or
    (g) At his residence and with the permission of his parent or legal guardian
    possesses a handgun and is justified under the principles of justification set
    forth in KRS Chapter 503 in using physical force or deadly physical force.

    (2) For the purposes of subsection (1) of this section, a handgun is "loaded" if:
    (a) There is a cartridge in the chamber of the handgun; or
    (b) There is a cartridge in the cylinder of the handgun, if the handgun is a
    revolver; or
    (c) There is a cartridge in the magazine of a semiautomatic handgun, if the
    magazine is attached to the handgun; or
    (d) The handgun and the ammunition for the handgun, are carried on the person
    of one under the age of eighteen (18) years or are in such close proximity to
    him that he could readily gain access to the handgun and the ammunition and
    load the handgun.

    (3) Possession of a handgun by a minor is a Class A misdemeanor for the first offense
    and a Class D felony for each subsequent offense.
    Effective: July 15, 1994
    History: Created 1994 Ky. Acts ch. 30, sec. 1, effective July 15, 1994.
    Page 1 of 1

    So after reading that i began to wonder this question....

    To buy a gun from a FFL or buy handgun ammo you need to be 21....yet you can buy a handgun in a private deal at 18+.... why is it you can buy a gun from a friend / family member at 18 but not until 21 from a FFL?

    Second question.

    Qualifications for a CCDW License The applicant for a carry concealed deadly weapon (CCDW) license must:
    Be twenty-one (21) years of age or older

    that is one of the requirments from KSP ( Kentucky state police ) website for a CCDWL... So my second question is WHY do you have to be 21 to get a CCDWL but you can OC at 18?

    Ive been trying to tell my family that me OC'ing is perfectly legal but i cant get it threw there heads....aparently our media has really driven home that "guns are evil and we should NEVER EVER carry one".

    Anyway thanks for reading guys and any help , comments would be nice.

    - Branden

    PS: Very glad to be here on OCDO!!

  2. #2
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    Radisma wrote:
    So after reading that i began to wonder this question....

    To buy a gun from a FFL or buy handgun ammo you need to be 21....yet you can buy a handgun in a private deal at 18+.... why is it you can buy a gun from a friend / family member at 18 but not until 21 from a FFL
    Second question.

    Qualifications for a CCDW License The applicant for a carry concealed deadly weapon (CCDW) license must:
    Be twenty-one (21) years of age or older

    that is one of the requirments from KSP ( Kentucky state police ) website for a CCDWL... So my second question is WHY do you have to be 21 to get a CCDWL but you can OC at 18?

    Ive been trying to tell my family that me OC'ing is perfectly legal but i cant get it threw there heads....aparently our media has really driven home that "guns are evil and we should NEVER EVER carry one".

    Anyway thanks for reading guys and any help , comments would be nice.

    - Branden

    PS: Very glad to be here on OCDO!!
    The answer to your first question is that is the way the law is. Laws can be quirky. Federal law traditionally applies to interstate commerce only. The FFL system is a national system allowing dealers to buy wholesale from manufactures in other states. An intrastatetransferbetween private parties is currently up to state law. The Federal Gun Control Act of 1968set the limit to 21 for FFL sales.KY chose to make the limit 18 for possession. By the way, I believe it was Idaho where a bill was proposed to make a intrastate system where a dealer could buy guns from ID manufactures and neither would be subject to FFL restrictions. If this was passed it would lead to a Supreme Court case challenging the GCA ability to control intrastate dealer sales.

    As for the second question. When the lawmakers pastthe CC lawthey probablybelieved that an 18-20 year old being unable to buy a handgun from a dealer thereshould not allow himto carry one concealed. Also, they probably could not consider someone who is not old enough to drink responsible enough to carry a gun. Like your parents, most of the legislators probably did not evenrealise that OC in public was legal and that a 18 year old could do it. So, basically by the law until July when you turn 21 you can be considered responsible enough to carry a gun openly so everyone knows you have it. But, you are not responsible enough to be permitted to hide the gun yet.

  3. #3
    Regular Member
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    vmaxanarchist wrote:
    Like your parents, most of the legislators probably did not evenrealise that OC in public was legal and that a 18 year old could do it.
    I am sure this is the case. Besides in many states you do have to be 21 to own a handgun.

  4. #4
    Activist Member
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    Never expect laws to make sense. They're made up by politicians who compromise with each other over things none of them even remotely understand.



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