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Thread: Where is OC prohibited?

  1. #1
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    Sorry, I did some light searching and came up empty. I just need some quick answers for the letter I am writing KSNPC.

    I know where CC is prohibited, but am wondering where in the KRS it prohibits OC (besides federally regulated areas). Thanks for helping me out!

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    OK I think I found my answers. Obviously schools are off limits. KRS 244.125 says no guns period in a bar room, blah blah blah. Though my cousin pointed about that yes, you can't have a loaded firearm in a bar, but apparently you can OC (or CC) your handgun if it is unloaded with the magazine in your pocket

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    Now that I think about it, that could possibly result in a wanton endangerment charge.

    But really, if the General Assembly can ONLY regulate CC, then how did they ban OC in bars?

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    Do you know of any KRS that supports the barring of OC weapons from the court room? I would guess that the airport situation would be a federal rule.

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    ky.

    A concealed firearm or other deadly weapon SHALL NOT be carried in the following places:

    • Police station or sheriff's office.
    • Detention facility, prison or jail.
    • Courthouse (Court of Justice, courtroom or court proceeding).
    • County, municipal, or special district governing body meetings.
    • Meeting of governing body of a county, municipality, or special district.
    • General Assembly session, including committee meetings.
    • Any portion of an establishment licensed to dispense beer or alcoholic beverages for consumption on the premises, which portion of the establishment is primarily devoted to that purpose.
    • Elementary or secondary school facilities (without the consent of school authorities).
    • Child-caring facilities, day care centers, or any certified family child care home.
    • Areas within an airport where restricted access is controlled by the inspection of persons or property.
    • Any place where federal law prohibits the carrying of a firearm.

    In addition to the above restrictions, units of state and local governments and postsecondary education facilities (colleges, universities, technical schools and community colleges) have the authority to limit the carrying of concealed weapons on property owned or controlled by them (KRS 237.115). You should check with units of state and local government as well as postsecondary education facilities prior to carrying a concealed weapon on their property.

    Also, KRS 527.070 prohibits unlawful possession (whether carried openly or concealed) of a weapon on school property, except for certain specified exceptions. KRS 244.125 prohibits loaded firearms (concealed or otherwise) in places where alcohol is sold by the drink, except for certain specified exceptions.

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    Thanks stormchaser--it's nice to have all that info right together. The original post was about OC restrictions. I had a very difficult time coming up with a KRS that would prohibit OC. Thanks to gutshot, I found it.

    I do question whether the KY General Assembly even has the power to ban firearms from bars.

    Another note, I mailed the letter to Don Dott, Director of Kentucky State Nature Preserve Commission, on Tuesday. Hopefully I'll hear from him soon. I'm eager to post his response.

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    langzaiguy wrote:
    Thanks stormchaser--it's nice to have all that info right together. The original post was about OC restrictions. I had a very difficult time coming up with a KRS that would prohibit OC. Thanks to gutshot, I found it.

    I do question whether the KY General Assembly even has the power to ban firearms from bars.

    Another note, I mailed the letter to Don Dott, Director of Kentucky State Nature Preserve Commission, on Tuesday. Hopefully I'll hear from him soon. I'm eager to post his response.
    welcome, hope you here something soon, but i wouln't hold my breath,

    i haven't been a member here vary long,but the more i read the more

    confused and a little angry i get, you know the words

    " the right to bare arms" well i don't read anything before are after

    that statement that say's with the state or the feds permission.

    but that may be a future topic,i recieved my ccw about three weeks

    ago but i still open carry.

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    Congrats on the CCDW! Glad you're still open carrying. Yeah I don't know how long to give the guy to respond. Maybe early next week.

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    thanks, mywife took and passed the test this past saturday,

    she also open carry's,and i don't think getting her ccw

    will change that, she does say there are place's that she

    feel's concelled carry is best.

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    Okay, so Open Carry off limits, we have schools (Federal), Bars (KRS 244.125), what else? I was sure I'd read something int he KRS about jails once upon a time, but I'm unable to locate it now. Any others (please with reference to the statutes if at all possible)?

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    That's it. Though like Gutshot said, I suppose a judge could ban them from his/her court room (not court house). You cannot conceal carry in just about all government buildings, but there are no OC bans. Enjoy it

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    Oh I'd like to. Unfortunately our local government is being a bit of a pain, and I work for them. I'm just trying to make sure I have all my ducks in a row before I challenge them on it, since I can't actually afford to fight it to the point of legal action. Sucks to have to work for a living. hehe.

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    I'd rather not get into too many details, yet, and I do realize they have the authority with regards to employees. I'm trying to go about changing their minds by pointing out that it's more than a bit silly (and actually rather insulting) to prohibit us from doing something the general public can do here. Frankly I don't expect to change their mind, it's more a matter of just not sitting by quietly. *shrug*


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    This is true, I see where you're coming from. I wish I could find the KRS off hand, but I know that an employer cannot ban you from bringing your gun to work in your car. I work at a school and can do this. I would think that the same would apply to you.

    I'm assuming you're not interested in carrying while working? I don't think that's protected. I don't know.

    Only the General Assembly & the local legislative body has the right to regulate conceal carry. Nobody, according to the Constitution, can regulate OC on public property.

    The law is definitely on your side. Does Corbin have a bad reputation for being anti-gun/anti-liberty? It would seem that it would be an easy-going town.

    BTW, Welcome! You're in good company.

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    Yeah man, I don't know if that's a fight I'd want to fight. I don't know if I'd push the subject of carrying while on the job.

    Carrying as a civilian, however, that's a different issue.

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    It's not so much that I'm wanting to, as that we have been for the last few months, and now all of a sudden they've decided we can't. I find it personally insulting (I'm one of 3 that carry, out of 8 of us employed in this particular job), and generally irritating, but as I said, I can't really afford to fight it all the way. I just can't stomach the idea of sitting here and meekly doing nothing to express my displeasure.
    I'm also aware of the keeping it in the vehicle option, but frankly I dislike that idea, as I don't regard an unattended veh as good storage for a firearm, regardless of what kind of safe you put in it


  17. #17
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    Oops, I see I missed one question. No, Corbin is generally pretty good where Open Carry is concerned. I OC frequently around town and have never had any problems. I'm pretty sure this is a "cover-their-backsides" kinda thing on the part of the employer, I just don't think it's very reasonable under the circumstances.

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    KRS 237.106 is the statute that refers to carrying in the place of employment. That would be a good reference point. I do know that, as stated above, the local legislative body can ban CC--not simply your immediate boss.

    That above KRS doesn't really mention local govt's. Before this ban, did you typically CC? Who instituted this new rule?

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    I'm not sure I can explain without going into more detail than I'd like to just yet. Not deliberately trying to be cagey, but I just got hit with this when I came to work this afternoon, and I'm still trying to find out who got their knickers in a twist and prompted the change. While today's memo came from the boss, I'm not thinking at this point that it was his idea, since he was largely responsible for us starting to carry in the first place. I hope to come in early and talk to him tomorrow to find out what's really up with this. Since he works 1st and I work a late 2nd, he was already gone when I came in today. We have been open carrying, and the local gov does have a CC prohibition in place. What seems to be happening now is someone doesn't want us carrying period. Why I'm not sure, as to the best of my knowledge there haven't been any problems. I just don't know at this point, and I'm trying to avoid the urge to do too much spleen venting until I know who is actually responsible


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    Oh I've no doubt they can gutshot, but that's not the point. As I said up thread, I know they can prohibit employees from carrying, my point is it's silly to do so when anyone else can come in with a gun on. I'm not disputing the legality, just the sanity.


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    langzaiguy wrote:
    Yeah man, I don't know if that's a fight I'd want to fight. I don't know if I'd push the subject of carrying while on the job.

    Carrying as a civilian, however, that's a different issue.
    I don't see how the state/city would be barred from firing an employee. I know private employers are liable if they keep you from carrying in the glovebox of your car.

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    Just an update on the lack of update. This situation is not resolved. While I'm still working here at the moment, I'm actively looking for another job. Soon as I find one, I'll both a detailed and thorough account of the situation. I'll make it a separate thread though, since I didn't really intend to hijack this one.
    Ciao,
    Russ

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