Thread: Minimum Age to OC
Ok so I am 20 years old about to be 21 in Sept. I am having a problem because I carry a Hi-Point 9mm and I am beign told that I have to be 21. I argued with a city cop for 30 min after him bringing out the KRS and me showing him it says nothing about being 21 only under the age of 18. I asked a couple of deputies because I am friends with them and they said 21. I told them to look at their KRS book and one thinks I am right that I could OC but that doenst mean I could not be prosecuted for it. The other deputy doesn't know now. So... Can I get any help. I have studied the KRS front to back on the hand guns and everywhere else.
I have showed them that. I dont think they like having me proving them wrong.
How many days to 21?
September 15. I want to prove them wrong but still continue my carrying of my weapon. I not an immature 20 year old that just wants to gun tote. I am going to EKU majoring in Fire & Safety Admin. I know that is where all of the officers go for the academy. This is just trying my paitence proving my point. If it says you are a state researcher does that mean its you interest or profession to do such?
rescue743 wrote:You are legal. Open carry. If they harass just tell them that they will have to write a citation or arrest you. It will get thrown out in court. That is the only way to prove them wrong, except maybe writing to the chief of police or sheriff. Don't be afraid to do what is your legal right to do, though. Call their bluff and push back. As long as you are certain you are within the law.September 15. I want to prove them wrong but still continue my carrying of my weapon. I not an immature 20 year old that just wants to gun tote. I am going to EKU majoring in Fire & Safety Admin. I know that is where all of the officers go for the academy. This is just trying my paitence proving my point. If it says you are a state researcher does that mean its you interest or profession to do such?
Trust me, I've been there. The "Just write me a citation or arrest me if you think I am breaking the law" statement does wonders, because they know you are squarely calling their bluff.
rescue743 wrote:Perhaps they would rather have a judge prove them wrong? If they violate your rights, you can get a lawyer, and file a civil suit against them in court, and get damages awarded to you.I have showed them that. I dont think they like having me proving them wrong.
From what I've read you are allowed to open carry when you are 18. But IF they do arrest you, they will take your firearm, and you may have a time getting it back. If they think you are playing with them, they'll make you go to court to get a judge to order its return. And when you get it back, it may not be in as good a shape as when you left it. Don't take that like-new-in-the-box $1200 Kimber!
You can win the battle but still lose the war. I think that kind of thing sucks, but I hear that it still happens a lot.
Not to mention court and attorney costs.
I had a city cop who I know tell me to take his gun and see how far i get. He said he would throw me to the ground and arrest me for possesion of a minor. I told him and he had his KRS book out and showed him where it was under 18 and he still told me it was 21 and he would take me to jail.
rescue743 wrote:They are completely 100% blowing smoke at you. They know the law. They are trying to enforce their OPINIONS on you. It happens occasionally with OC'ers because SOME cops don't like to see visibly armed citizens exercising their legal rights. What I do is I don't let it change my habits at all. I just go about my day as I normally would, carry my gun as I normally would and don't let it bother me.I had a city cop who I know tell me to take his gun and see how far i get. He said he would throw me to the ground and arrest me for possesion of a minor. I told him and he had his KRS book out and showed him where it was under 18 and he still told me it was 21 and he would take me to jail.
So, my advice, which I know is unsolicited and you can do whatever you like with it, would be to write a well organized, carefully written, intelligent letter to the chief of police and the sheriff stating what you have been told, and, if you choose, by whom by name that told you the info, and quote the statutes and express that it would appear the clear interpretation of the law would be that only persons under 18 are prohibited from carrying firearms and that you would appreciate it if they could take the time to train their officers regarding the correct statuatory prohibitions.
Wow, that's definitely infuriating. Mostly because you showed him the KRS and the officer still believes his simple opinion carries more authority than KY law and the KY constitution. Don't let anyone still your rights. Carry on!
I thank you all for your help. I have asked a few other cops from different counties that I know and they have told me it was 18. So I am going to ask an attorney thatI know just to have proof from an attorney. To take it a step further since I am an EKU student and go to school where all of Ky's officers are trained, I am going to call them up ask them and have them fax a written paper over to me and hand it to the officers that told me 21 and walk away with my gun on my side unless they arrest me first.
Ok I done my calling and wanted to point out that it is very sad when the Dept. Of Criminal Justice Training Center does not even know the OC laws. They refered me to the Attorney General who still didnt know. So they refered me to the Ky State Police Headquarters who gave me their law divison and told me i was correct but to ask my county attorney.
Look, if no statute exists to ban OC at age in KY, then its not a crime. Why don;t you just OC next time your talk to your police officer friend.
Mike wrote:Great big +1Look, if no statute exists to ban OC at age in KY, then its not a crime. Why don;t you just OC next time your talk to your police officer friend.
Had an interesting day today, the cop asked me if i had my gun on me and i told him it was in the truck. He said the next time he seen it on my side he would arrest me and charge me with possession ofa minor. He said that come from his sargent and the Commonwealth attorney. I went and spoke with the Commonwealth attorney and he said this was the first time that it has been brought up. (The Cop lied!!!) well he looked at the KRS and told me i was right. He said it would be interesting to see if i was arrested for it what the judge would do. Another cop from Richmond Ky (a buddie of mine) told me that there was nothing they could do. He said let them arrest me then fill suit. Does anyone know of any case studies out there? I have tried everywhere to look some up.
About 16 weeks after conception, after that the belt wouldn't fit the life support
equipment. Your carry time may vary.......
Just make sure you came by the gun in a legal manner that you can prove in court.
Don't have to prove it to the flunkies, but will help if it gets to the point of judge
deciding. Sadly you still need to prove your not guilty not the other way around.
SlackwareRobert wrote:I don't see any reason the Defendant has to assert anything about his actions or the gun - the state must prove the elements of the non-existant offense of carrying at age 18.Just make sure you came by the gun in a legal manner that you can prove in court.
What planet are you from?
Guns, drugs, and taxes are exempt from the normal rules of law.
And with our new justice it will get much worse.
DA: "Your honor, 'wink' he can't buy a gun, he is underage",
crooked judge: " Yep, good enough for me, Guilty"
poor sap: "But that only applies to FFL purchases."
crooked judge: " I see no evidence a FFL didn't sell you the gun.
I've already ruled, take him away."
Yes the state should have to prove the case, but in the real world
you better be able to prove they are not only wrong, but couldn't
cite a single violation of anything.
If the system was so good and just, then why all the internal affairs agencies?
The system is admitting that they are the crooks.
If you are lucky enough to live in a spying ok zone, try this.
Stand on a corner with a video camera, and make a movie
that has your car running a red light behind you. Then see if
even that much proof you could not have committed the offense
will get the ticket they mail you tossed.
I seem to recall they can't prosecute you for the crimes of your father either. :X
Rescue. I have OC'd for two years now since I was 19. I have had my share of LEO run-in's just look at my post to see those. but besides while I was in Louisville where i was told i couldn't carry without a permit and it had to be concealed. it has never really been the issue of can i carry one time a cop i was talking to complimented me on my weapon (glock 22) and she stated the only thing i need to do was get night sights for it which i agreed. those cops are just trying to force what they believe on you. bot otherwise it is completely legal as of age 18.