View Poll Results: Is Disorderly Conduct a legitimate charge against Open Carry?

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  • Yes - DC is (or can be) applicable to OC

    0 0%
  • No - DC is completely bogus

    6 54.55%
  • Maybe - It depends on your behavior/location at the time

    5 45.45%
  • Other - (see comments)

    0 0%
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Thread: "Disorderly Conduct" charge for OC

  1. #1
    Regular Member Statesman's Avatar
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    Jul 2008
    Lexington, Kentucky, USA

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    I know this has been covered before, but I just wanted to review this again.

    In this thread, and others I've seen here, a Disorderly Conduct charge (or threat thereof) seems to be the statute that is used the most often by police officers who are opposed to citizens who OC. I have several questions:
    1. Is this applicable to the mere act of Open Carry, when there is no intent to cause a public inconvenience, annoyance, alarm, or wantonly creating a risk thereof?
    2. I take it that Open Carry is a right guaranteed by the Kentucky Constitution, a legitimate act, and has a legitimate purpose (self protection). Is this true?
    3. Does a protected right trump "wantonly creating a risk thereof" in the below language?
    4. If someone else gets upset, and calls the police, how does this not warrant a DC charge?
    5. This is a Kentucky Statute. Can local governments impose stricter DC standards?
    6. What is the best way to handle such a charge, if it can be thrown out? I recall it can easily be dismissed without hiring a lawyer.
    Supporting story from Wisconsin:

    525.060 Disorderly conduct in the second degree.
    (1) A person is guilty of disorderly conduct in the second degree when in a public place
    and with intent to cause public inconvenience, annoyance, or alarm, or wantonly
    creating a risk thereof, he:
    (a) Engages in fighting or in violent, tumultuous, or threatening behavior;
    (b) Makes unreasonable noise;
    (c) Refuses to obey an official order to disperse issued to maintain public safety
    in dangerous proximity to a fire, hazard, or other emergency; or
    (d) Creates a hazardous or physically offensive condition by any act that serves no
    legitimate purpose.
    (2) Disorderly conduct in the second degree is a Class B misdemeanor.
    Effective: March 27, 2006
    History: Amended 2006 Ky. Acts ch. 50, sec. 2, effective March 27, 2006; and ch. 51,
    sec. 2, effective March 27, 2006. -- Created 1974 Ky. Acts ch. 406, sec. 216,
    effective January 1, 1975.
    Legislative Research Commission Note (3/27/2006). This section was amended by 2006
    Ky. Acts chs. 50 and 51, which are identical and have been codified together.

  2. #2
    Regular Member Sonora Rebel's Avatar
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    Aug 2008

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    This would be the (illegal) probable cause:

    (d) Creates a hazardous or physically offensive condition by any act that serves no legitimate purpose.

    I must assume that RTKBA in the opinion of some would describe that. Opinion does not trump a recognized pre-existing Right. Self defense is a legitimate purpose.

  3. #3
    Regular Member
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    Sep 2008
    Louisville KY, ,

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    If you get belligerent with someone while carrying openly, then I can see how it would be a disorderly. Then again, you don't have to be wearing one for that to happen.

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