imported post
Yeah but that's just the problem, if you go by the KRS, if other state offices are in the same building then they aren't supposed to be denying OC entry. I had it out with three sheriffs deputies at the courthouse and then went and complained directly to a CO at the sheriff's office about it and his official stance centered around this;
http://www.handgunlaw.us/documents/agopinions/KYAGOp96_40.pdf
Which succeeded in making me aware of a real problem for Kentuckians and their 2A.
The Kentucky Supreme Court decided, that despite the Kentucky Constitution stating that the General Assembly only has the right to regulate concealed arms, because felons and minors aren't allowed to have deadly weapons at all, the right to bear arms CAN be regulated by the General Assembly!!
How idiotic is that? Minors and felons aren't allowed deadly weapons because they have a propensity towards irresponsibly and that's why they don't have rights. Minor's don't get them until the age of 18 and felons loose them, but they misconstrued that into the state being able to reasonably regulate OC for EVERYONE! Completely ignoring our constitutional provision without an amendment.
Kentucky Constitution Section 1, Seventh ~ The right to bear arms in defense of themselves and of the State, subject to the power of the General Assembly to enact laws to prevent persons from carrying concealed weapons. Everyone would read that as to mean that they cannot regulate OC in this state, but that's not the case since 1983 when the Kentucky Supreme Court acted irresponsibly and ignored the TRUE reason why minors and felons cannot have deadly weapons.
So if that determination, which is a misguided and irresponsible use of case law, can trump every other KRS defining the scope of open possession of a deadly weapon (by omission or not), even when I can't find it written as law, where does it stop? In 1983 they knocked the legs right out from under our constitution and apparently no one knows about it.
That report, concerning possession on post secondary property, unequivocally denies you to even have a gun in your car.
They cite that the schools have the same rights as private property owners, despite that they are partially funded by tax dollars. Even though your employer, any store you go to and even an individual person CANNOT deny you having a firearm in your car on their property, post secondary schools CAN, is anyone seeing the severe inconsistency here?
But back to my original post, OAG 97-9 which came out AFTER OAG 96_40, states in the text;
We recognize access to county offices and local courts may as a practical matter be obtained
through shared building entrances and hallways.
We can find no authority, however, for the
proposition that local courts may ban deadly weapons in county offices located in the same
courthouse or courthouse annex as those local courts. Indeed, we note that ownership, operation,
and maintenance of a county courthouse, generally, are county functions. KRS 26A.090(6);
26A.110; 26A.130; 67.080(2)(b); 67.130.
Of course, the legislative body of a county may act pursuant to KRS 237.115 to prohibit those
who are licensed to carry concealed deadly weapons from carrying concealed deadly weapons in
portions of buildings owned, leased or controlled by the county. See OAG 96-39. Additionally, a
license to carry a concealed deadly weapon does not authorize the licensee to carry a concealed
deadly weapon into a police station or sheriff's office, a detention facility or jail, or a meeting of
the governing body of the county. KRS 237.110(12)(a), (b), and (d). Finally, with respect to the
authority of the county to prohibit the open carrying of deadly weapons in a courthouse or
courthouse annex,
we note the ordinance prohibition embodied in KRS 65.870 extends only to
“any part of the field of regulation of the transfer, ownership, possession, carrying or
transportation of firearms, ammunition, or components of firearms or combination thereof.”
(Emphasis added.)
So in other words, you can OC a
firearm into a state office located in the court house, period. Even the Attorney General confirms it in that report, but I was denied entry. I intend to take a copy of the report to the Sheriff's office and see what he says about it then, they're supposed to either let me in the next time I have business there or clear the office's on the first floor so as to make the building solely for court proceedings.
What I've pointed out in this post about the Supreme Court's ruling should be pissing everyone off, your supposed OC right is anything but in Kentucky if they so decide that "a reasonable regulation in a gun control law is a valid exercise of the police power of the Commonwealth prescribing for the good order and protection of its citizens" and they have. Right now, they LET you OC in public, but without "reasonable" being defined, they can take it away if THEY decide they have a good reason.