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Thread: Traveling to KY... what do I need to know?

  1. #1
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    I'm an Illinois resident, and I have my Florida non-resident CCW. I know I can conceal while in Kentucky, but I don't want to have to worry about finding a good holster for it. I'll be passing through Paducah and ending up in Madisonville.

    What should I know about KY laws, or if I get detained? Are there any laws that come close to talking about carrying or transporting a gun?

    Thanks

  2. #2
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    Here Ya Go....Always Glad To Oblige With This'n.....!



    Traveler's checklist:

    *Firearms Ownership:unrestricted, no permit or license required

    *Assault weapon ownership: unrestricted, no permit or license required

    *Machine Gun Ownership:
    no state restrictions, compliance with federal law only

    *Firearm law uniformity:
    preemption law, firearm laws uniform throughout state

    *Right of Self-Defense: castle doctrine, right protected by statute

    *Open carry: unrestricted in most public areas and generally accepted

    *Concealed carry:
    licenses granted to residents on a "shall issue" basis; automatic
    reciprocity for nonresidents with licenses from other states

    *Vehicle carry and transportation:
    firearms (rifles, shotguns and handguns) may
    be carried
    loaded and in plain view; loaded handguns maybe carried in
    the glove compartment (center console box carry is not allowed)


    Kentucky's rolling hills and tree-covered mountains provide the perfect
    setting for any Hollywood production about the early pioneers of the Ohio valley.
    Firearms carry in those days was essential for survival. Fortunately for gun-owners,
    Kentucky still maintains a healthyrespect for this heritage in its firearm laws.

    Kentucky requires a license to carry a firearm concealed on or about one's
    person. The State Police issue such permits through the local sheriff of the
    applicant's home county for a five year term. Kentucky does not grant permits to
    nonresidents but will recognize any permit issued by another state. Kentucky
    licenses allow the concealed carry of any deadly weapon by the permittee.

    A traveler without a permit may carry loaded firearms in a vehicle if the
    weapons are in plain view. Kentucky allows anyone to carry a loaded handgun in a
    visible belt holster or on the dashboard or passenger seat of one's car. Glove
    compartment carry is also considered legitimate as long the compartment is of the
    factory-installed variety on the passenger's side. Console boxes and seat pockets
    are not legitimate areas for unlicensed carry. Carrying a handgun in one of these
    areas is the same as placing the weapon under the seat. Both modes of carry are
    limited to persons possessing carry licenses. Rifles and shotguns may be carried
    loaded and in plain view. The weapons may be secured in gun racks, gun slings, or
    commercial gun cases located anywhere in the vehicle except concealed about the person.

    Travelers may carry loaded firearms in plain view while on foot in virtually any
    public area of the state. Such carry is best limited to visible belt holsters secured on
    one's hip. Kentucky's strong preemption law prevents this activity, as well as most
    others involving firearms, from being locally regulated. Recently, employers were
    further prohibited from preventing employees from carrying firearms in their vehicles
    while the vehicles are parked on company property.


  3. #3
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    Are there any laws about carrying into places that have posted signs? Can I ignore the signs or is it a crime to do so?

    Is it illegal to carry in certain places?


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    Yes it is illegal to carry in certain places. You cannot ignore the signs, and must leave, but it is done with dignity,

  5. #5
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    I guess what I'm asking is, if I'm carrying, do the signs have any weight at all? I know in some states they can only ask you to leave, and some states, the sign has to be the "official" no guns sign or else it has no pull... also there are states that you can't carry where alcohol is sold (gas stations)...

    From http://www.kentuckystatepolice.org -
    In addition, Kentucky law does not prohibit the owners of private premises from excluding persons carrying firearms. Failure to vacate private premises when asked to do so could result in a criminal trespass charge.
    Found another one....
    http://www.lrc.state.ky.us/KRS/237-00/110.PDF Subsection 17
    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

    Sounds to me like you can ignore the signs all you want... if they ask you to leave, you have to though.

    Maybe I'll just CCW if I see a posted sign... since it's not a crime to ignore it.



  6. #6
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    There's an adage in Ky for your question: "If it's concealed, how are they gonna know"? That is so true....and there is no penal action if you are discovered and even escorted out by the police.....the FIRST time if a place is 'posted'.

    If you do not leave, then trespass charges will be leveled.

    As to carrying beingoutright banned, sure. Schools, court rooms, police/sheriff stations, jails. I'll try to find exact wordage if someone else doesn't beat me to it.

  7. #7
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    Here ya go!

    Except as provided in KRS 527.020, no license issued pursuant to this section shall authorize any person to carry a concealed firearm into:
    (a) Any police station or sheriff's office;
    (b) Any detention facility, prison, or jail;
    (c) Any courthouse, solely occupied by the Court of Justice courtroom, or court proceeding;
    (d) Any meeting of the governing body of a county, municipality, or special district; or any meeting of the General Assembly or a committee of the General Assembly, except that nothing in this section shall preclude a member of the body, holding a concealed deadly weapon license, from carrying a concealed deadly weapon at a meeting of the body of which he is a member;
    (e) Any portion of an establishment licensed to dispense beer or alcoholic beverages for consumption on the premises, which portion of the establishment is primarily devoted to that purpose;
    (f) Any elementary or secondary school facility without the consent of school authorities as provided in KRS 527.070, any child-caring facility as defined in KRS 199.011, any day-care center as defined in KRS 199.894, or any certified family child-care home as defined in KRS 199.8982, except however, any owner of a certified child-care home may carry a concealed firearm into the owner's residence used as a certified child-care home;
    (g) An area of an airport to which access is controlled by the inspection of persons and property; or
    (h) Any place where the carrying of firearms is prohibited by federal law.
    (17)[(14)] The owner, business or commercial lessee, or manager of a private business enterprise, day-care center as defined in KRS 199.894 or certified or licensed family child-care home as defined in KRS 199.8982, or a health-care facility licensed under KRS Chapter 216B, except facilities renting or leasing housing, may prohibit persons holding concealed deadly weapon licenses from carrying concealed deadly weapons on the premises and may prohibit employees, not authorized by the employer, holding concealed deadly weapons licenses from carrying concealed deadly weapons on the property of the employer.
    If the building or the premises are open to the public, the employer or business enterprise shall post signs on or about the premises if carrying concealed weapons is prohibited. Possession of weapons, or ammunition, or both in a vehicle on the premises shall not be a criminal offense so long as the weapons, or ammunition, or both are not removed from the vehicle or brandished while the vehicle is on the premises.
    A private but not a public employer may prohibit employees or other persons holding a concealed deadly weapons license from carrying concealed deadly weapons, or ammunition, or both in vehicles owned by the employer, but may not prohibit employees or other persons holding a concealed deadly weapons license from carrying concealed deadly weapons, or ammunition, or both in vehicles owned by the employee, except that the Justice Cabinet may prohibit an employee from carrying any weapons, or ammunition, or both other than the weapons, or ammunition, or both issued or authorized to be used by the employee of the cabinet, in a vehicle while transporting persons under the employee's supervision or jurisdiction.
    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.

  8. #8
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    Sweet, I'm glad that's all cleared up. Thanks.

    Oh, and...

    I HATE ILLINOIS!!!!!



  9. #9
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    I am from Madisonville and now living in Tacoma, WA. I made a visit home a few months ago and had no issue with OC while there. I even had one Deputy pull up while filling the car with gas and comment on the grips on my 1911. The only place I did CC while there was at the mall. If you have any questions about the town PM me and I'll fill you in.

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    Campaign Veteran deepdiver's Avatar
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    I'm in KY several times a year and predominately OC. The only times I have CC'd is at a few restaurants due to my dining companions more than anything else. It has always been a non-event. I have OC'd in Paducah on several occasions, Lexington mainly at quick shops while traveling through, rest stops, travel centers, Winchester, etc.
    Bob Owens @ Bearing Arms (paraphrased): "These people aren't against violence; they're very much in favor of violence. They're against armed resistance."

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    I've only seen one sign that was worth ignoring. It said, "Concealed deadly weapons prohibited." KY law states that anywhere OC is legal, CC is legal. Not having a permit at the time, I just left my shirt tucked in and proceeded to watch the movie. No issues even though there was plenty of LEO presence.

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    Hi, I believe that Judge Ryan made a ruling that it is okay to carry a gun ina centerconsole. I think the court transcipt is on this site somewhere. I will try and find it later.



    Vic.

  13. #13
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    vic....who is judge Ryan? And please reference your statement. Not down on ya....just have to see something binding on console carry. Maybe I missed something? Thanks!

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    Looks like i was mistaken. Sorry about that! Here is part of the reference.

    Commonwealth Of Kentucky
    Court of Appeals

    NO. 2003-CA-000034-DG
    COMMONWEALTH OF KENTUCKY
    APPELLANT
    ON DISCRETIONARY REVIEW FROM JEFFERSON CIRCUIT COURT
    v.
    HONORABLE STEPHEN P. RYAN, JUDGE
    ACTION NO. 02-XX-000077
    FADI H. MOHAMMAD
    APPELLEE
    OPINION
    REVERSING
    ** ** ** ** **
    BEFORE: MINTON, SCHRODER, AND TAYLOR, JUDGES.
    SCHRODER, JUDGE: Fadi Mohammad was charged with carrying a
    concealed deadly weapon

    1

    for carrying a firearm in the console of
    his car. The district court ruled that the glove compartment
    exception of KRS 527.020(5) (now subsection 8) included consoles

    1

    KRS 527.020(1), a Class A misdemeanor.


  15. #15
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    Thank you sir! I'm gonna see if that's good statewide. It should be!

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    TheMrMitch. I found the whole thread finally. It was in a thread startedby ilovemybigmacapril 25th 2008. It is on page 2. I appearently did not pay enough attention to its entirety.Thanks for bringing this to my attention. Sorry about the misinformation!

    Vic.

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    vic40204 wrote:
    HONORABLE STEPHEN P. RYAN, JUDGE
    ACTION NO. 02-XX-000077
    FADI H. MOHAMMAD
    APPELLEE
    OPINION
    REVERSING
    ** ** ** ** **
    BEFORE: MINTON, SCHRODER, AND TAYLOR, JUDGES.
    SCHRODER, JUDGE: Fadi Mohammad was charged with carrying a
    concealed deadly weapon[/font][/size]
    1

    for carrying a firearm in the console of
    his car. The district court ruled that the glove compartment
    exception of KRS 527.020(5) (now subsection 8) included consoles

    1

    KRS 527.020(1), a Class A misdemeanor.
    So, just so I'm sure I'm reading this correctly . . . David Stengel (Commonwealth Attorney, Jefferson County) appealed a ruling by Judge Stephen Ryan when he stated that the defendant was not guilty of carrying a concealed weapon found in the console of his automobile. The Appeals Court upheld the appeal -- thus, overturning Judge Ryan's earlier ruling.

    So, the center console is still not an acceptable place to carry a weapon WITHOUT a CCDW.

    Correct?

  18. #18
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    Play on the safe side, gentlemen. Keep it out of the console or side pockets unless you have a CDWL.



  19. #19
    Campaign Veteran deepdiver's Avatar
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    IIRC that case is the one that cemented "glove compartment" means "glove compartment" and no other place in the vehicle without a valid conceal carry permit.
    Bob Owens @ Bearing Arms (paraphrased): "These people aren't against violence; they're very much in favor of violence. They're against armed resistance."

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