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"Disorderly Conduct" charge for OC

Is Disorderly Conduct a legitimate charge against Open Carry?

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

    Votes: 0 0.0%
  • No - DC is completely bogus

    Votes: 0 0.0%
  • Maybe - It depends on your behavior/location at the time

    Votes: 0 0.0%
  • Other - (see comments)

    Votes: 0 0.0%

  • Total voters
    0

Statesman

Regular Member
Joined
Jul 20, 2008
Messages
948
Location
Lexington, Kentucky, USA
imported post

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: http://www.sheboyganpress.com/article/20090423/SHE06/904230421
http://www.620wtmj.com/shows/jeffwagner/43423467.html?blog=y

http://www.lrc.ky.gov/krs/525-00/060.PDF

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.
 

Sonora Rebel

Regular Member
Joined
Aug 6, 2008
Messages
3,956
Location
Gone
imported post

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.







 

chris in va

Regular Member
Joined
Sep 5, 2008
Messages
234
Location
Louisville KY, ,
imported post

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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