Question on car open carry

chris in va · Jun 28, 2009

imported post

Before I email the Attorney General's office, I'd like to ask everyone on here their opinion.

My friend and I just finished the CC class at Bluegrass range in Louisville. The instructor was good, having been a deputy and currently competing in various IDPA style matches, among other credentials.

The subject of open carry came up, partly at my request. He pointed out that open carry in a vehicle is illegal and many people have been arrested/convicted of concealed carry without a permit from doing so, and that is why the 'glovebox' allowance was enacted.

Now I took issue to this, possibly to my embarassment...but I understand it's not illegal provided you're not trying to hide it in any way and it is in plain sight. He made it very clear it is illegal and I *will* go to jail if the gun is on the seat, dashboard or between the console and seat with grip showing.

So what exactly is the rule here?

MgoBlue · Jun 28, 2009

imported post

Your instructor was mistaken if he actually said: "open carry in a vehicle is illegal." It is as constitutional as open carry on ourselves when we are outside of the car. However, just as walking around open carrying is problematic IF a sweatshirt falls and begins to cover our weapon, so too are there problems when carrying in a vehicle.

". . . between the console and the seat with the grip showing" is definitely a NO NO, in terms of open carry. The rest of the gun could be considered concealed.

On the dashboard (perhaps with that nonslip material used in cupboards) should be legal. The gun is completely exposed with no potential of concealment.

On the seat should be ok . . . providing there is nothing (e.g., newspaper, jacket, etc.) that could be concealing any part of the gun.

"Intent" to conceal, or not, is not the issue in KY. It simply is whether or not the weapon is concealed.

TheMrMitch · Jun 28, 2009

imported post

This should help!
[align=left]Traveler's checklist:[/align]
[align=left] *Firearms Ownership: unrestricted, no permit or license required[/align]
[align=left] *Assault weapon ownership: unrestricted, no permit or license required[/align]
[align=left] *Machine Gun Ownership: no state restrictions, compliance with federal law only[/align]
[align=left] *Firearm law uniformity: preemption law, firearm laws uniform throughout state[/align]
[align=left] *Right of Self-Defense: castle doctrine, right protected by statute[/align]
[align=left] *Open carry: unrestricted in most public areas and generally accepted[/align]
[align=left] *Concealed carry: licenses granted to residents on a "shall issue" basis; automatic
reciprocity for nonresidents with licenses from other states[/align]
[align=left] *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) [/align]
[align=left][/align]
[align=left] 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.[/align]
[align=left] 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.[/align]
[align=left] 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.[/align]
[align=left] 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.[/align]
[align=left][/align]

hotrod · Jun 29, 2009

imported post

chris in va wrote:

Before I email the Attorney General's office, I'd like to ask everyone on here their opinion.

My friend and I just finished the CC class at Bluegrass range in Louisville. The instructor was good, having been a deputy and currently competing in various IDPA style matches, among other credentials.

The subject of open carry came up, partly at my request. He pointed out that open carry in a vehicle is illegal and many people have been arrested/convicted of concealed carry without a permit from doing so, and that is why the 'glovebox' allowance was enacted.

Now I took issue to this, possibly to my embarassment...but I understand it's not illegal provided you're not trying to hide it in any way and it is in plain sight. He made it very clear it is illegal and I *will* go to jail if the gun is on the seat, dashboard or between the console and seat with grip showing.

So what exactly is the rule here?

My opinion, not worth much, but here goes. It is perfectly legal to open carry in your car. Period. The only question is it distinguishable as a handgun. The glove box allowance was for those that didn't want to leave a weapon laying on the seat or dash. The only person who should be embarrassed is the instructor. He should know that open carry is legal on your person in your car or on the sidewalk

Stophel · Jun 29, 2009

imported post

I think they consider in the glovebox to be the same as carrying a gun stored closed up in a box.

:question:

chris in va · Jun 29, 2009

imported post

Can you guys cite official references so I can forward this to the instructor? I really want him to become educated on the matter as he keeps referring back to what they taught him "in the department" for his training.

hotrod · Jun 30, 2009

imported post

chris in va wrote:

Can you guys cite official references so I can forward this to the instructor? I really want him to become educated on the matter as he keeps referring back to what they taught him "in the department" for his training.

Are we talking about open carry in the car or glove box carry? If it is about open carry in a vehicle there is no law against it,hence legal. 527.020 covers glove box carry.

chris in va · Jun 30, 2009

imported post

Open carry in a vehicle, yes. The instructor made it very clear the gun was only to be kept in the glovebox if you don't have a permit. That's why I need citations so it can be forwarded to the instructor.

Question on car open carry

chris in va

Regular Member

MgoBlue

Regular Member

TheMrMitch

Regular Member

hotrod

Regular Member

Stophel

Regular Member

chris in va

Regular Member

hotrod

Regular Member

chris in va

Regular Member