Open carry question from a non-U.S. citizen.

imported post

Hi,

I've been browsing the forum for awhile now, thought I should finally make an account and ask this question.


I've looked around on the forums for the answer, I found some useful info...but I'm still not sure.


I'm a Canadian citizen and I'll be heading to Kentucky soon, I'll be there for a month or two, most likely.

I was wondering if it would be legal for me to carry while there?



Thanks in advance.

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I am not a lawyer, but I am unaware of any law forbidding you to do so. Obviously, you'd be forced to OC rather than CC. Along with that, it is against the law to carry if you have a felony or whatever the Canadian equivalent is.

I OC'd around Red River Gorge here in KY and ran into a few Canadians. I thought they were going to be upset but they turned out to be gun enthusiasts as well! Guess I shouldn't stereotype people.

Edit: Oh yeah, welcome to the forum!

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If you can possess the firearm, you can open carry it in KY. There are some provisions of federal law that apply to possession of firearms non-immigrant aliens, like USC 18 S 922:

http://www.law.cornell.edu/uscode/718/usc_sec_18_00000922----000-.html

In particular, (g)(5)(B) says "It shall be unlawful for any person who, being an alien except as provided in subsection (2), has been admitted to the United States under a nonimmigrant visa, to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce."

The exception mentioned is if you are issued a hunting license by a US state.

imported post

it looks like a canadian can buy a gun in Ky as per KRS 237.020 (3) Citizens of countries other than the United States shall have the right to purchase or otherwise acquire rifles, shotguns, handguns, and any other firearms which they are permitted to purchase or otherwise acquire under federal law and the Kentucky Revised Statutes from properly licensed dealers, manufacturers, importers, or collectors, and from unlicensed individual persons in the Commonwealth of Kentucky

... and providing you are not a convicted felon or have a violent crime record, to my knowledge as long as you are legal buy/own a gun in Ky then you are legal to open carry, but im unsure on any federal law that may or may not prevent you from such

... this is just to my understanding, I am NOT a lawyer and this is NOT legal advise

Edited to ad: looks like someone already found the federal law, so you would have to be legal to purchase and own a firearm and have a Ky Hunting license is that correct anyone?

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*Standard firearms ownership: unrestricted, no permit or license required
[align=left] *Semi-auto gun ownership: unrestricted, no permit or license required[/align]
[align=left] *Machine gun ownership: no state restrictions, compliance with federal law only[/align]
[align=left] *Firearm law uniformity: preemption law, firearm laws uniform throughout state[/align]
[align=left] *Right of Self-Defense: castle doctrine, right protected by statute[/align]
[align=left][/align]
[align=left]>*****Open carry: unrestricted in most public areas and generally accepted******[/align]
[align=left][/align]
[align=left] *Concealed carry: licenses granted to residents on a "shall issue" basis; automatic
reciprocity for nonresidents with licenses from other states[/align]
[align=left] *Vehicle carry and transportation: firearms (rifles, shotguns and handguns) may
be carried loaded and in plain view; loaded handguns maybe carried in
the glove compartment (center console box carry is not allowed) [/align]
[align=left] *State Parks: concealed handgun carry by recognized licensees permitted[/align]
[align=left][/align]

imported post

Thanks for all the help, and the warm welcome.




So, I'm still not sure on this...


Is it that I can't ship a firearm with me(Don't have any up here yet anyway), and I would have to buy/borrow one while I'm in Kentucky...or that I can't own/carry while there at all?


Thanks again.

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Not a lawyer, but the federal law sounds like it only applies to moving firearms across state / national boundaries. Since another poster indicated that you should be able to purchase in KY, then you should be okay.

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Rabid Canuck wrote:

Is it that I can't ship a firearm with me(Don't have any up here yet anyway), and I would have to buy/borrow one while I'm in Kentucky...or that I can't own/carry while there at all?

Click to expand...

If you're in the U.S. with any status other than "immigrant visa", it's illegal for you to possess any firearm or ammunition, unless you have a hunting license.

A non-resident Kentucky hunting license is $130.

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@Craig Can you cite please?

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Thanks for all the help everyone.


So, I can't carry at all if I don't have a hunting licence?


I was planning on doing a lot of hiking up in the mountains...and would like to have some form of firearm with me.


But...if I can't, I guess I'll have to go get a licence(I'll probably buy an Annual licence online)...I'll also be taking the hunters education test while there.

Only ones going on this month are a few hours away from where I'll be staying...but it's worth it, if I want to hunt and carry.

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No license needed to OC. Hunting license needed to hunt, of course.:dude:

I may have to be corrected....but I think I'm right.:dude:

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So long as you can legally posses a gun, in the state of Kentucky, it is Kosher for you to open carry, if you are a legal immigrant. No hunting license, needed, as alluded to, above. You'll need your green card, and that's it.

I went 'round and 'round with a tool from KC3 about the non-citizenship clause that used to be an issue for the current ccdw license, as he had the "oh well" attitude when I asked him about why my wife (German citizen) was being denied her right to a concealed carry permit.

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Don't have a green card yet, I can get one...but my mom needs to find her U.S. passport, Social Security Number, and other documents.

After having the house renovated...she has no idea where the documents were stored.


I'll probably be going back to Kentucky for deer season anyway, so if getting the hunting licence now will allow me to carry a firearm while I'm there for the next 2 or so months...I might as well get the non-resident annual hunting licence, and the Hunters Education card when I get to Kentucky later this month.

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First, you need a hunting license from any state. I believe Alaska sells a small game license online.

Regarding even concealed carry. You can get a Maine non-resident permit and that will be recognized in Kentucky for CCW.

I hope this helps.