Results 1 to 16 of 16

Thread: Had a run-in with a LEO

  1. #1
    Regular Member
    Join Date
    Oct 2009
    Location
    Bell County, Kentucky, USA
    Posts
    5

    Post imported post

    I was in town tonight OC'ing. (im 20 yrs old btw) I had a local cityLEO stop and while we were talking, he noticed my gun and said,

    Him: Do you have a permit for that gun?

    Me: Do i need one?

    Him: How old are you?

    Me: 20

    Him: You have to be 21 to possess a handgun

    Me: I keep a copy of this just for this occasion (just as i pulled a copy of KRS 527.100 from my wallet)

    He goes on to read it aloud, and then says you have to be 21 by federal law.

    He was nice but i didnt really know what to do or say. Then he starts talking about the KRS for carrying in the glove box. We talked for a few more minutes and then he left. What was the deal? Was I right or was he? I'm lost. I guess I'll call the KSP tomorrow and ask them. I don't know what else to do. Any suggestions?

  2. #2
    Regular Member Thos.Jefferson's Avatar
    Join Date
    Mar 2009
    Location
    just south of the river, Kentucky, USA
    Posts
    288

    Post imported post

    First thing's first,never talk to the police alsothere is no such thing as a "permit for that gun" if you are oc. You have to be 21 to buy a handgun from a ffl dealer. You only have to be 18 to own/oc a handgun. Did he confiscate your weapon?
    He that would make his own liberty secure, must guard even his enemy from oppression; for if he violates this duty, he establishes a precedent which will reach to himself. -- Thomas Paine (1737--1809), Dissertation on First Principles of Government, 1795

  3. #3
    Regular Member
    Join Date
    May 2009
    Location
    Winchester, Kentucky, USA
    Posts
    74

    Post imported post

    the only thing federal law says about having to be 21 pertains to purchase from a licensed dealer, it also states the legal age for individual to individual sale within your home state is 18.

  4. #4
    Regular Member
    Join Date
    Oct 2009
    Location
    Bell County, Kentucky, USA
    Posts
    5

    Post imported post

    Thos.Jefferson wrote:
    First thing's first,never talk to the police alsothere is no such thing as a "permit for that gun" if you are oc. You have to be 21 to buy a handgun from a ffl dealer. You only have to be 18 to own/oc a handgun. Did he confiscate your weapon?
    No, he just said I had to be 21. He said he wasnt gonna do anything to me and that was the last thing said about it. The conversation changed to a different subject then he just left.

    Maybe he wasn't sure of the law. It was ironic how he quoted the statute I gave him, then immediately said I had to be 21.

  5. #5
    Regular Member
    Join Date
    Oct 2009
    Location
    Bell County, Kentucky, USA
    Posts
    5

    Post imported post

    BigBubba wrote:
    the only thing federal law says about having to be 21 pertains to purchase from a licensed dealer, it also states the legal age for individual to individual sale within your home state is 18.
    Thats what I told him, but he said I could only carry while hunting, hiking, etc...

  6. #6
    Regular Member
    Join Date
    May 2009
    Location
    Winchester, Kentucky, USA
    Posts
    74

    Post imported post

    88RedRyder88 wrote:
    BigBubba wrote:
    the only thing federal law says about having to be 21 pertains to purchase from a licensed dealer, it also states the legal age for individual to individual sale within your home state is 18.
    Thats what I told him, but he said I could only carry while hunting, hiking, etc...
    lol, Personal defense is a viable reason as well. Next time you get a situation like this ask them to refernce the statute to back up their statement so you can research it at home.

  7. #7
    Regular Member
    Join Date
    Oct 2009
    Location
    Bell County, Kentucky, USA
    Posts
    5

    Post imported post

    BigBubba wrote:
    lol, Personal defense is a viable reason as well. Next time you get a situation like this ask them to refernce the statute to back up their statement so you can research it at home.
    I'm afraid if he sees me with it again, he might cite me

    I only have a couple more weeks til I'm 21, I might just wait til then to OC. Just to avoid the hassle.

    I'm calling the KSP tomorrow. If they say its okay, I'll continue to carry.

  8. #8
    Regular Member
    Join Date
    Mar 2009
    Location
    Central KY
    Posts
    917

    Post imported post

    Don't call KSP over this. The KY Constitution and KY law trumps KSP any day. In my head, I see it as asking one of my student's permission for doing something in my classroom--it's just backwards. Please don't even take our word for the law. You were very smart to carry the law with you (even though you shouldn't have to). Even though you provided proof of your legality, you can't stop idiots from making things up.

    You should keep carrying--seems that although this interaction didn't end perfectly, it went rather well! You exercised your rights, and though you were harassed, you ended up education this moron LEO.

    I hope you weren't OCing while driving because unless that gun is in the glovebox or trunk, you aren't acting legally.

    Carry on!

  9. #9
    Regular Member Thos.Jefferson's Avatar
    Join Date
    Mar 2009
    Location
    just south of the river, Kentucky, USA
    Posts
    288

    Post imported post

    langzaiguy wrote:
    Don't call KSP over this. The KY Constitution and KY law trumps KSP any day. In my head, I see it as asking one of my student's permission for doing something in my classroom--it's just backwards. Please don't even take our word for the law. You were very smart to carry the law with you (even though you shouldn't have to). Even though you provided proof of your legality, you can't stop idiots from making things up.

    You should keep carrying--seems that although this interaction didn't end perfectly, it went rather well! You exercised your rights, and though you were harassed, you ended up education this moron LEO.

    I hope you weren't OCing while driving because unless that gun is in the glovebox or trunk, you aren't acting legally.

    Carry on!
    If you were driving the gun does not have to be in the trunk, it has to be in plain sight or if it is in the glove box it is not considered concealed. Continue to carry. What could he cite you for,exercising a right that is protected under the Constitution? Even if he locks you up for some trumped up charge you will win in the courts besides if he really thought he was in the right under the law he would not have just dropped it and left. I think you did good in standing up for your rights, keep up the good work and don't be intimidated.
    He that would make his own liberty secure, must guard even his enemy from oppression; for if he violates this duty, he establishes a precedent which will reach to himself. -- Thomas Paine (1737--1809), Dissertation on First Principles of Government, 1795

  10. #10
    Regular Member
    Join Date
    Oct 2009
    Location
    LOUISVILLE, Kentucky, USA
    Posts
    37

    Post imported post

    YOU DID THE RIGHT THING CARRYING THE LAW WITH YOU EVEN THOUGH YOU SHOULD'NT HAVE TO HE WAS WRONG AND HE KNEW IT THAT'S WHY HE CHANGED THE SUBJECT AND THEN LEFT. CARRY ON MY FRIEND CARRY ON !!!!!!!!

  11. #11
    Regular Member
    Join Date
    Mar 2009
    Location
    Central KY
    Posts
    917

    Post imported post

    @Jefferson: I agree with you that as long as the gun is conspicuous, it is completely legal without a CCDW. Still, a police officer may believe it is unlawful as the gun isn't visible from every direction. Some prosecuting attorneys may also take to that view.

    To be 100% in the clear, trunk & glovebox are the way to go. Unless of course you have time, energy, and money to defend yourself in court.

  12. #12
    Regular Member
    Join Date
    Jun 2008
    Location
    Central, Kentucky, USA
    Posts
    343

    Post imported post

    88RedRyder88 wrote:
    BigBubba wrote:
    lol, Personal defense is a viable reason as well. Next time you get a situation like this ask them to refernce the statute to back up their statement so you can research it at home.
    I'm afraid if he sees me with it again, he might cite me

    I only have a couple more weeks til I'm 21, I might just wait til then to OC. Just to avoid the hassle.

    I'm calling the KSP tomorrow. If they say its okay, I'll continue to carry.
    A Kentucky Peace Officer can't cite or arrest you for a federal law violation (even though there was not violation of federal law here), unless he is working a task force for a federal agency in conjunction with his home agency.



  13. #13
    Regular Member
    Join Date
    Jul 2008
    Location
    , North Carolina, USA
    Posts
    98

    Post imported post

    Superdemon wrote:

    "A Kentucky Peace Officer can't cite or arrest you for a federal law violation (even though there was not violation of federal law here), unless he is working a task force for a federal agency in conjunction with his home agency."



    Drug traffic across state lines,

    Bank roberry of a federaly insured bank,

    Kidnapping across state lines,

    Robbery of a post office,

    and hundreds of other federal laws.



    So, you mean Kentucky Officers can't arrest you for these things?

    Wow, now I am confused.





  14. #14
    Regular Member Fallschirmjäger's Avatar
    Join Date
    Sep 2007
    Location
    Georgia, USA
    Posts
    3,915

    Post imported post

    Drug trafficking, kidnapping, and robbery are crimes in most states, hence state and local law enforcement usually get involved.

    Let's look at it this way, tax evasion is a federal crime. If you lie on your voluntary contribution to the IRS, do you think xxxx city police are going to do the investigating and arrest?

  15. #15
    Regular Member
    Join Date
    Jul 2008
    Location
    , North Carolina, USA
    Posts
    98

    Post imported post

    Point taken in that context. But, to say that a state or local office can't arrest you for a federal crime is WAY out of context.



  16. #16
    Regular Member
    Join Date
    Jun 2008
    Location
    Central, Kentucky, USA
    Posts
    343

    Post imported post

    TFED12 wrote:
    Point taken in that context. But, to say that a state or local office can't arrest you for a federal crime is WAY out of context.

    ??

    No. It's pretty cut and dry. It's not out of context.

    The OP stated that he had an incident where a state LEO informed him he had to be 21 by federal law to carry a handgun. The OP then stated he was reticent to carry, as he thought he may be cited by a local LEO for the imaginary federal offense. I was simply telling him that would not happen.

    Thanks to Fallschirmjägerfor clearing up my mistake.




Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •