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Thread: Finally!! found on the KSP faq's

  1. #1
    Regular Member Thos.Jefferson's Avatar
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    Finally!! found on the KSP faq's

    Where can I openly carry a firearm? Click here for answer

    There are no Kentucky Revised Statutes that govern the open carry of firearms by persons who lawfully possess such firearms except for the following:

    527.070 - Unlawful possession (whether carried openly or concealed) of a weapon on school property, except for certain specified exceptions.
    KRS 244.125 - Which bars loaded firearms (concealed or otherwise) in places where alcohol is sold by the drink, except for certain specified exceptions.
    If you have any questions on the open carry of firearms in the Commonwealth of Kentucky, including whether a particular mode of carrying a firearm would be deemed open or concealed carry, you may wish to consult an attorney
    Last edited by Thos.Jefferson; 07-09-2010 at 04:26 PM. Reason: tried to set it up as a link but it wouldn,t let me?

  2. #2
    Regular Member hotrod's Avatar
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    Now I am not saying I have the cajones to challenge the law, but, I don't think the Commonwealth has the power to regulate open carry, period. The Constitution of the Commonwealth of Kentucky only allows for regulation of concealed carry

    Kentucky Constitution
    Section 1
    --------------------------------------------------------------------------------

    Rights of life, liberty, worship, pursuit of safety and happiness, free speech, acquiring and protecting property, peaceable assembly, redress of grievances, bearing arms.

    --------------------------------------------------------------------------------

    All men are, by nature, free and equal, and have certain inherent and inalienable rights, among which may be reckoned:

    First: The right of enjoying and defending their lives and liberties.

    Second: The right of worshipping Almighty God according to the dictates of their consciences.

    Third: The right of seeking and pursuing their safety and happiness.

    Fourth: The right of freely communicating their thoughts and opinions.

    Fifth: The right of acquiring and protecting property.

    Sixth: The right of assembling together in a peaceable manner for their common good, and of applying to those invested with the power of government for redress of grievances or other proper purposes, by petition, address or remonstrance.

    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.

    Text as Ratified on: August 3, 1891, and revised September 28, 1891.

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    Quote Originally Posted by hotrod View Post
    Now I am not saying I have the cajones to challenge the law, but, I don't think the Commonwealth has the power to regulate open carry, period. The Constitution of the Commonwealth of Kentucky only allows for regulation of concealed carry

    Kentucky Constitution
    Section 1
    --------------------------------------------------------------------------------

    Rights of life, liberty, worship, pursuit of safety and happiness, free speech, acquiring and protecting property, peaceable assembly, redress of grievances, bearing arms.

    --------------------------------------------------------------------------------

    All men are, by nature, free and equal, and have certain inherent and inalienable rights, among which may be reckoned:

    First: The right of enjoying and defending their lives and liberties.

    Second: The right of worshipping Almighty God according to the dictates of their consciences.

    Third: The right of seeking and pursuing their safety and happiness.

    Fourth: The right of freely communicating their thoughts and opinions.

    Fifth: The right of acquiring and protecting property.

    Sixth: The right of assembling together in a peaceable manner for their common good, and of applying to those invested with the power of government for redress of grievances or other proper purposes, by petition, address or remonstrance.

    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.

    Text as Ratified on: August 3, 1891, and revised September 28, 1891.
    While I agree with your plain reading of the Kentucky Constitution, I posted here a long time ago the Kentucky Supreme Court case (which I can not now remember the name of) that stated the Legislature did have the authority to regulate firearms by law. An example would be a Felon in possession of a firearm.

    Gary

  4. #4
    Regular Member hotrod's Avatar
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    Eary v Commonwealth, Ky

    I think you are talking about Eary vs. Commonwealth, KY., 659 S.W.2d 198 (1983). I disagree with the concept that Eary gave the Commonwealth. I do not believe the state has inherent police powers to protect the public health and safety. If that were true, you should be able to sue the state when, for example, you have a DVO and you are harmed because the respondent violated the order and the police knew or should have known that he/she would violate the DVO. He/she shows up at your home, you call the police, they disregard your call, you get hurt, to bad. You have no cause of action to sue. That is my belief, any others?

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    So the only 2 places one can't open carry is a school and a bar?

    One could theoretically open carry into a courthouse or police station or the county clerk's office?

  6. #6
    Regular Member Thos.Jefferson's Avatar
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    Wink Point of post

    The whole purpose of this post was to bring to light that finally the KSP site has put it right out in the open that OC is in fact legal. Now if one of us gets harassed by some puffed up anti-OC leo all we have to do is refer said copper to the KSP site and VIOLA! all of their questions/accusations/rhetoric is kaput, out the window! I see this as a victory albeit a small one but a victory none the less

  7. #7
    Regular Member Undertaker's Avatar
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    Ksp ok with carry open/concealed

    I was stopped this evening at 6:45 PM at an intersection/checkpoint by KSP. Officer Kelly asked for my operators license, i presented my operators license with which has my conceal carry license attached. He walked to the back of my vehicle , looked at my license tag, asked me if I had my weapon. I answered 'Yes'. He asked "Where is it?" I answered "On my side." He gave me a thumbs up, handed me back my license and said "We're glad to see people that have their license carry their gun with them." I thanked him and went on my way. I was OC at the time.

  8. #8
    Regular Member Thos.Jefferson's Avatar
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    Quote Originally Posted by gutshot View Post

    I understand the point of your post. I don't share your excitement over it. The KSP website does not explicitly say "open carry of a firearm is legal" and I'm afraid that is what it would take to keep some local police from arresting open carriers. Even then, there are LEO who are going to enforce their or their superior's opinions of what is best for their community. Local ordinances still exist in many Ky. jurisdictions and local officials often are not aware of and/or openly contemptuous of state preemption. Some would continue to enforce local laws no matter what the KSP web site said. The written text of KRS 65.870 doesn't impress them. Why would KSP? We know they can't prevail in a state court, but they'll settle for an arrest, slow and excessive bail, long drawn out court dates, frequent delays, numerous and inconvenient trial dates, conviction in local court and dismissal on appeal. The rely on intimidation and the knowledge that most people don't want the hassle or expense of "fighting the system".
    You must read what is posted on the KSP site differently than I do.The way I read it it plainly says that OC is not illegal?
    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

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