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Had a run-in with a LEO

8

88RedRyder88

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Bell County, Kentucky, USA
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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?
 
Thos.Jefferson

Thos.Jefferson

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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?
 
B

BigBubba

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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.
 
8

88RedRyder88

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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?
Click to expand...

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. :banghead:
 
8

88RedRyder88

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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.
Click to expand...
Thats what I told him, but he said I could only carry while hunting, hiking, etc...
 
B

BigBubba

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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.
Click to expand...
Thats what I told him, but he said I could only carry while hunting, hiking, etc...
Click to expand...
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.
 
8

88RedRyder88

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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.
Click to expand...

I'm afraid if he sees me with it again, he might cite me:uhoh:

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

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

langzaiguy

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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!
 
Thos.Jefferson

Thos.Jefferson

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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!
Click to expand...
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.
 
R

RJHORSE66

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:cuss: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 !!!!!!!!
 
L

langzaiguy

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@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.
 
S

superdemon

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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.
Click to expand...

I'm afraid if he sees me with it again, he might cite me:uhoh:

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

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

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.
 
T

TFED12

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, North Carolina, USA
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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.
 
Fallschirjmäger

Fallschirjmäger

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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?
 
T

TFED12

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, North Carolina, USA
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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.
 
S

superdemon

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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.
Click to expand...

??

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.
 
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