Statesman
Regular Member
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:
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.
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:
- 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?
- 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?
- Does a protected right trump "wantonly creating a risk thereof" in the below language?
- If someone else gets upset, and calls the police, how does this not warrant a DC charge?
- This is a Kentucky Statute. Can local governments impose stricter DC standards?
- 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.
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.