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Thread: For all Kentucky OCer's

  1. #1
    Regular Member KRM59's Avatar
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    For all Kentucky OCer's

    This is what i have found out about OC in the state of Kentucky.

    now i have read the KY constitution and yes we have the 2nd amendment
    but for all pactical Purpose's there is no OC Law at all either for it or against it.
    If you OC it is deemed frontier rule and yes you can do it. But if there is one complaint
    from anyone you will be arrested for disordley conduct and the charge will stick.
    but this all falls on if someone complains on you.
    i didn't read any cases or text i went to the horses mouth, a LEO and a Judge Friend of the family.
    but the chances of a LEO just stopping you because you are OC'ing is slim. but they do have the right to do so if they deem it nessasary to find weather you are a fellon or not.
    If your not you will most likely be told to take it home and sent on your way.
    So it is up to you as an individual weather you want to risk the hassle to OC or pay the
    money and get the CCDW.
    that brings up a whole new set of BS. wonder if you OC and have the CCDW, would it fall under disordley conduct if someone complains ?
    sounds like a catch 22 to me. for me i will continue to OC sence there is no Law forbidding it and if i get arrested i guess i will go to court and see what happens.
    Last edited by KRM59; 07-17-2010 at 05:15 PM.

  2. #2
    Regular Member neuroblades's Avatar
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    Well after reading your post I had to write a small reply.

    While it is true there is nothing written per se in dictum about OC (open carry) in the KRS, it is LEGAL! The main reason that there's really nothing much written though is basically because there's nothing to dictate as with CC (concealed carry). It's plain, simple, basic, and to the bone: If you're legal to own a sidearm, then you're legal to carry said sidearm. In fact the law even goes further and states that if you're 18 years of age, you can OC, even though you can NOT legally purchase a sidearm! So OC is legal and while LEO's can stop and inquire, that's about all they can do as long as you're legally OC'ing.

    As for the Disorderly Conduct issue, that's NOT! To be charged with DC you have to be either brandishing, which brings about other issues and possible charges or you have to be causing a scene and scaring people in general or specific; either one can not be claimed though if, once again, you're legally OC'ing and there's no proof (eg. camera phone photo, digital camera photo). Granted if you're OC'ing via "Mexican Carry" then it might lend some creedence to a possible DC charge but I've never heard of that one happening either. It was ALWAYS my personal observation that I NEVER encountered a criminal or "bad guy" carrying his sidearm in a holster, ALWAYS either "Mexican Carry" or illegally concealed!

    As for the push for everyone to go CC, I personally agree that eveyone should seriously at least look into it for many different reasons. But I don't look down on those that are not CCDW licensed and who deicide to OC exclusively. Each form of carry has its advantages and disadvantages alike. There are far too many to even begin to talk about here but most of us already know those. Granted in an LEO encunter, if you have CCDW, you're alot more likely to have a better encounter simply because that LEO knows by virtue of that license, you've been checked out and cleared. That makes them feel safer when encountering someone with a gun.

    Now there is one issue that we all might face at one time or other, the dearded MWAG (Man With A Gun) call! This one can can easily happen to anyone that practices OC, in fact this occurs far more often than a Disorderly Conduct call! People who are sadly NOT aware of the OC law, see someone carrying a sidearm and because of either their upbringing or because or the garbage they see and hear daily in the news, they automatically think that they're a criminal, a "bad guy" that's up to no good and then call the police to investigate.

    Most truly hell-bent and dangerous killers will NOT openly carry a sidearm, they have a "mission" in mind and they want to carry that out to whatever bloody and deadly conclusion that might be. Most all serious criminals with murder in mind will illegally conceal their sidearm until the very last second, then they'll pull it! In the majority of cases, the only time a criminal will OC their sidearm is when they have no fear of encountering people, either LEO or civilians (except for potenial victims). They will usually OC when only alone or when encountering other criminals (eg. a drug supplier and a drug dealer). Then you have the "gang bangers" and street thugs, they are deemed the lowest of criminals and could care less who sees their weapons, to them the weapon speaks for them literally.

    Personally, as long as we're carrying out there and we are doing it LEGALLY, that's good enough for me.
    Last edited by neuroblades; 07-17-2010 at 06:05 PM. Reason: Correct spelling
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    Regular Member KRM59's Avatar
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    Quote Originally Posted by neuroblades View Post
    Well after reading your post I had to write a small reply.

    While it is true there is nothing written per se in dictum about OC (open carry) in the KRS, it was legal! The main reason that there's really nothing much written though is basically because there's nothing to dictate as with CC (concealed carry). It's plain, basic, and to the bone: If you're legal to own a sidearm, then you're legal to carry said sidearm. In fact the law even goes further and states that "if you're 18 years of age you can OC, even though you can NOT legally purchase a sidearm! So OC is legal and while LEO can stop and inquire, that;s about all they can do as long as you're legally OC'ing.

    As for the Disorderly Conduct issue, that's NOT! To be chatged with DC you have to be either brandishing, which nrings about other issues and possible charges or you have to causing a scene and scaring people in general or specific; either one can be claimed though if, once again, you're legally OC'ing. Granted if you're OC'ing via "Mexican Carry" then it might lend some creedence to a possible DC charge but I've never heard of that one happening either.

    As for the push for everyone to go CC, I personally agree thatn eveyoneshould seriouslyat least look into it for many different reason. But I won't look down on those that are not CCDW licensed and who deicde to OC exclusively. Each form of carry has its advantages and disadvantages alike. Those are to many to even begin to talk about here but most of us already know those anyways. Granted in an LEO encunter, if you have CCDW, you're alot more likely to have a better encounter simply because that LEO knows by virtue of that license, you've been checked out and cleared. That makes them feel safer when encountering someone with a gun.

    Personally, as long as we're carrying out there and we are doing it LEGALLY, that's good enough for me.


    Thanks for your imput on this. one question what is mexican carry

    and i was wondering more about, if they can arrest you for DC just for OC'ing, and i have not heard of it happening either but i was told it can happen, would not the same fall for CCDW that OC's ? the CCDW a get out a charge card? if someone complains about you OC'ing and LEO comes and arrests you for DC would they not have to do the same for CCDW that OC? im just currious i will get my CCDW but not at this time.
    Last edited by KRM59; 07-17-2010 at 06:19 PM.

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    Regular Member KRM59's Avatar
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    Quote Originally Posted by kenneth meier View Post
    Thanks for your imput on this. one question what is mexican carry

    and i was wondering more about, if they can arrest you for DC just for OC'ing, and i have not heard of it happening either but i was told it can happen, would not the same fall for CCDW that OC's ? the CCDW a get out a charge card? if someone complains about you OC'ing and LEO comes and arrests you for DC would they not have to do the same for CCDW that OC? im just currious i will get my CCDW but not at this time.



    thank you once again you must have still been writing when i asked again i now read you whole post, and i find it inlighting. i am thankfull of you time to help me.

  5. #5
    Regular Member Thos.Jefferson's Avatar
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    Disorderly conduct: Don't make me laugh!

    Not a chance they could make a DC charge stick for the non-crime of open carrying a weapon.
    525.060 Disorderly conduct in the second degree.
    (1) A person is guilty of disorderly conduct in the second degree when in a public place and with INTENT to cause public inconvenience, annoyance, or alarm, or wantonly creating a risk thereof, he:
    (a) Engages in fighting or in violent, tumultuous, or threatening behavior;
    (b) Makes unreasonable noise;
    (c) Refuses to obey an official order to disperse issued to maintain public safety in dangerous proximity to a fire, hazard, or other emergency; or
    (d) Creates a hazardous or physically offensive condition by any act that serves no legitimate purpose.
    (2) Disorderly conduct in the second degree is a Class B misdemeanor.
    Effective: March 27, 2006
    History: Amended 2006 Ky. Acts ch. 50, sec. 2, effective March 27, 2006; and ch. 51, sec. 2, effective March 27, 2006. -- Created 1974 Ky. Acts ch. 406, sec. 216, effective January 1, 1975.
    Legislative Research Commission Note (3/27/2006). This section was amended by 2006 Ky. Acts chs. 50 and 51, which are identical and have been codified together


    Also ask your judge friend about Holland v Commonwealth. Here is the meat of the ruling.


    Excerpted from

    Holland v Commonwealth

    Morton HOLLAND, Appellant

    V

    COMMONWEALTH of Kentucky, Appellee.

    Court of Appeals of Kentucky.

    October 5, 1956

    Prosecution of a deputy sheriff for carrying a concealed deadly weapon. The Circuit Court, Perry County, C.C. Wells, Judge, entered judgment of conviction and defendant appealed. The Court of Appeals, Moremen, Judge, held that where deputy sheriff went outside of the county in which he was appointed to locate an alleged offender for the purpose of offender’s arrest pursuant to a warrant which had been delivered to him, he had the right to carry a concealed deadly weapon.

    Judgment reversed with instructions that indictment be dismissed.

    MOREMEN, Judge.

    "……Section 1, subd. 7 of the Bill of Rights, which is concerned with inherent and inalienable rights, grants to all citizens:

    ‘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.’

    The foregoing section is an exemplification of the broadest expression of the right to bear arms. Some states give the legislature the right to regulate the carrying of firearms; at least one state prohibits even the possession of firearms. See cases collected in the annotation of Pierce v State of Oklahoma, 42 Okl. Cr. 272, 275 P. 393, 73 A.L.R. 833.

    In our state the legislature is empowered only to deny to citizens the right to carry concealed weapons. The constitutional provision is an affirmation of the faith that all men have the inherent right to arm themselves for the defense of themselves and of the state. The only limitation concerns the mode of carrying such instruments. We observe, via obiter dicta, that although a person is granted the right to carry a weapon openly, a severe penalty is imposed for carrying it concealed. IF THE GUN IS WORN outside the jacket or shirt IN FULL VIEW, NO ONE MAY QUESTION THE WEARER'S RIGHT so to do; but if it is carried under the jacket or shirt, the violator is subject to imprisonment for not less than two nor more than five years. The heavy emphasis, we suppose, is upon the undue advantage given to a person who is able suddenly to expose and use a weapon, although the gun itself is the vicious instrument………."

    Emphasis supplied.
    This case sets the precident for our state and Judges a loath to go against set precident not even to mention that lower courts can't even think about going against precident set by the higher courts. Now you may be out some money in a worse case scenerio but it would pay off in spades with the slam dunk law suit you would be able to file for your civil rights being violated.
    Last edited by Thos.Jefferson; 07-17-2010 at 07:11 PM. Reason: added emphasis and content
    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

  6. #6
    Regular Member neuroblades's Avatar
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    Quote Originally Posted by kenneth meier View Post
    Thanks for your imput on this. one question what is mexican carry

    and i was wondering more about, if they can arrest you for DC just for OC'ing, and i have not heard of it happening either but i was told it can happen, would not the same fall for CCDW that OC's ? the CCDW a get out a charge card? if someone complains about you OC'ing and LEO comes and arrests you for DC would they not have to do the same for CCDW that OC? im just currious i will get my CCDW but not at this time.
    OK, "Mexican Carry" is when instead of using a holster to OC, you just stick the barrel of the sidearm down the waistband of your pants, as seen on TV. It is legal to carry that way but I'd definitely NOT advise it! Not only is it NOT safe for obvious reasons, it will make any LEO encounter possibly go even worse! LEO attribute that style of carry to criminal style of carrying.

    Granted, any LEO can arrest you but it all comes down to if the charge will stick. Sadly not all LEO's are the clean-cut professionals, while the majority are, some are not. But as long as you DO NOT have your sidearm out of its holster, there can be no DC charge that will ever hold up in court without visual evidence! This query arose sometime back on here about the DC charges and if I remember correctly it was written that to actually incur a DC charge that was for real, you'd have to be brandishing (flashing your sidearm) and/or causing a panic intentionally. As long as the gun stays holstered, unless needed, you should have NO problems with LEO though.

    I have to add this part though. If ever you DO have an encounter with an LEO, whether or not they're right or wrong, NEVER refute them or anger them! It's better to let them think you're believing what they're saying and walk away and be able to go back to your cozy house that night than be lodged in detention on some BS trumped-up false charge just because you peeved them off. There's a time to choose your fights, figuratively. *LOL* Once out of the situation you can then contact an attorney or contact the KSP to rectify the issue and verify your information. but on the whole, the vast majority of LEO's are good and honest people.

    If someone called you in for anything while OC'ing, chances are it will NOT be a DC charge, it will be viewed by LEO as a MWAG (Man With A Gun) call. and IF you were illegally at the time then YES, you would be arrested! But once again, as long as your sidearm is NOT drawn except in the matter of self-denfese, this is basically a non-issue!

    Some people are not used to seeing people (civilains) OC'ing and might call the police, this is an MWAG! This is about the worst thing that can happen to a legal OC'er. But as long as you're mentally prepared for the on-slaught of questions and mean looks, then you should alright. Don't get me wrong, an MWAG call is taken as seriously by LEO as a shooter call!!!!! They will be all over you BUT as long as you follow ALL their orders you will be alright. When LEO gets an MWAG call they automatically assume the worst! So when they show up, they will chances are treat you like a gun weilding pyschopath! But that's to be expected, they have no idea until they talk to you who you are, what you're doing and what you're up to.

    As for if having a CCDW will help out when OC'ing, DEFINITELY; just as long as you're legally carrying at the time they stop you! Once you present them with your CCDW, it tells them alot. They know for a fact that you've been researched, verified, and cleared to carry a concealed deadly weapon; one of the greatest honests in my book! It tells them that you have been checked out and you're a "good guy". Granted I'd not expect them to kiss you on the cheek and buy you breakfast. LOL

    As for CONCEALED CARRY, as they maxim goes in CC: Concealed is CONCEALED!!!!!! NO ONE should EVER know you're carrying!!!!! You should NEVER reveal that you're carrying!!!!! To "flash" your gun is a dishonour! Unless asked by LEO if you're carrying while CC'ing, you should NEVER answer and just pass it off. It is concidered RUDE of people to ask you if you're carrying! It's seen in the same light as asking a large lady if she's pregnant or just fat!

    As for me personally, there are a few people that know I CC regularly. Those people know this because they are the ones that might have need to know in case of an armed robbery or an actual gun-toting "bad guy" in some places I frequent. I'd rather them know and be able to ID me if such a situation arises and I have to draw down on a tango or if they make it out and call the police and I'm still inside. At least that way they can inform the police on scene that the is a "good guy" inside who is armed and can ID me to them so I DON'T get shot!!!!!
    Last edited by neuroblades; 07-17-2010 at 07:02 PM.
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    Regular Member KRM59's Avatar
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    Quote Originally Posted by Thos.Jefferson View Post
    Not a chance they could make a DC charge stick for the non-crime of open carrying a weapon.
    525.060 Disorderly conduct in the second degree.
    (1) A person is guilty of disorderly conduct in the second degree when in a public place and with intent to cause public inconvenience, annoyance, or alarm, or wantonly creating a risk thereof, he:
    (a) Engages in fighting or in violent, tumultuous, or threatening behavior;
    (b) Makes unreasonable noise;
    (c) Refuses to obey an official order to disperse issued to maintain public safety in dangerous proximity to a fire, hazard, or other emergency; or
    (d) Creates a hazardous or physically offensive condition by any act that serves no legitimate purpose.
    (2) Disorderly conduct in the second degree is a Class B misdemeanor.
    Effective: March 27, 2006
    History: Amended 2006 Ky. Acts ch. 50, sec. 2, effective March 27, 2006; and ch. 51, sec. 2, effective March 27, 2006. -- Created 1974 Ky. Acts ch. 406, sec. 216, effective January 1, 1975.
    Legislative Research Commission Note (3/27/2006). This section was amended by 2006 Ky. Acts chs. 50 and 51, which are identical and have been codified together


    Also ask your judge friend about Holland v Commonwealth. Here is the meat of the ruling.


    Excerpted from

    Holland v Commonwealth

    Morton HOLLAND, Appellant

    V

    COMMONWEALTH of Kentucky, Appellee.

    Court of Appeals of Kentucky.

    October 5, 1956

    Prosecution of a deputy sheriff for carrying a concealed deadly weapon. The Circuit Court, Perry County, C.C. Wells, Judge, entered judgment of conviction and defendant appealed. The Court of Appeals, Moremen, Judge, held that where deputy sheriff went outside of the county in which he was appointed to locate an alleged offender for the purpose of offender’s arrest pursuant to a warrant which had been delivered to him, he had the right to carry a concealed deadly weapon.

    Judgment reversed with instructions that indictment be dismissed.

    MOREMEN, Judge.

    "……Section 1, subd. 7 of the Bill of Rights, which is concerned with inherent and inalienable rights, grants to all citizens:

    ‘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.’

    The foregoing section is an exemplification of the broadest expression of the right to bear arms. Some states give the legislature the right to regulate the carrying of firearms; at least one state prohibits even the possession of firearms. See cases collected in the annotation of Pierce v State of Oklahoma, 42 Okl. Cr. 272, 275 P. 393, 73 A.L.R. 833.

    In our state the legislature is empowered only to deny to citizens the right to carry concealed weapons. The constitutional provision is an affirmation of the faith that all men have the inherent right to arm themselves for the defense of themselves and of the state. The only limitation concerns the mode of carrying such instruments. We observe, via obiter dicta, that although a person is granted the right to carry a weapon openly, a severe penalty is imposed for carrying it concealed. If the gun is worn outside the jacket or shirt in full view, no one may question the wearer’s right so to do; but if it is carried under the jacket or shirt, the violator is subject to imprisonment for not less than two nor more than five years. The heavy emphasis, we suppose, is upon the undue advantage given to a person who is able suddenly to expose and use a weapon, although the gun itself is the vicious instrument………."

    Emphasis supplied.

    thanks this all has been very helpful, the judge is a family friend and very old so i was unsure of his knowledge sense it has been many years sense he sat on the bench. it was my next door neighbor who is a sergent on the shivley PD that told me they could arrest you for DC if someone complained. now thats where the conversation ended i did not ask if it would stick. I am just trying to gather all the info i can and be informed. I have never exorcised my rights till now and i did today and i will tell you it felt dam good to do it. and no one really payed any attention to me, that i like. im not doing it to call attention to myself unless it is from a would be BG. then i want them to notice and move on. but thank you all very much

  8. #8
    Regular Member KRM59's Avatar
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    Quote Originally Posted by neuroblades View Post
    OK, "Mexican Carry" is when instead of using a holster to OC, you just stick the barrel of the sidearm down the waistband of your pants, as seen on TV. It is legal to carry that way but I'd definitely NOT advise it! Not only is it NOT safe for obvious reasons, it will make any LEO encounter possibly go even worse! LEO attribute that style of carry to criminal style of carrying.

    Granted, any LEO can arrest you but it all comes down to if the charge will stick. Sadly not all LEO's are the clean-cut professionals, while the majority are, some are not. But as long as you DO NOT have your sidearm out of its holster, there can be no DC charge that will ever hold up in court without visual evidence! This query arose sometime back on here about the DC charges and if I remember correctly it was written that to actually incur a DC charge that was for real, you'd have to be brandishing (flashing your sidearm) and/or causing a panic intentionally. As long as the gun stays holstered, unless needed, you should have NO problems with LEO though.

    I have to add this part though. If ever you DO have an encounter with an LEO, whether or not they're right or wrong, NEVER refute them or anger them! It's better to let them think you're believing what they're saying and walk away and be able to go back to your cozy house that night than be lodged in detention on some BS trumped-up false charge just because you peeved them off. There's a time to choose your fights, figuratively. *LOL* Once out of the situation you can then contact an attorney or contact the KSP to rectify the issue and verify your information. but on the whole, the vast majority of LEO's are good and honest people.

    If someone called you in for anything while OC'ing, chances are it will NOT be a DC charge, it will be viewed by LEO as a MWAG (Man With A Gun) call. and IF you were illegally at the time then YES, you would be arrested! But once again, as long as your sidearm is NOT drawn except in the matter of self-denfese, this is basically a non-issue!

    Some people are not used to seeing people (civilains) OC'ing and might call the police, this is an MWAG! This is about the worst thing that can happen to a legal OC'er. But as long as you're mentally prepared for the on-slaught of questions and mean looks, then you should alright. Don't get me wrong, an MWAG call is taken as seriously by LEO as a shooter call!!!!! They will be all over you BUT as long as you follow ALL their orders you will be alright. When LEO gets an MWAG call they automatically assume the worst! So when they show up, they will chances are treat you like a gun weilding pyschopath! But that's to be expected, they have no idea until they talk to you who you are, what you're doing and what you're up to.

    As for if having a CCDW will help out when OC'ing, DEFINITELY; just as long as you're legally carrying at the time they stop you! Once you present them with your CCDW, it tells them alot. They know for a fact that you've been researched, verified, and cleared to carry a concealed deadly weapon; one of the greatest honests in my book! It tells them that you have been checked out and you're a "good guy". Granted I'd not expect them to kiss you on the cheek and buy you breakfast. LOL

    As for CONCEALED CARRY, as they maxim goes in CC: Concealed is CONCEALED!!!!!! NO ONE should EVER know you're carrying!!!!! You should NEVER reveal that you're carrying!!!!! To "flash" your gun is a dishonour! Unless asked by LEO if you're carrying while CC'ing, you should NEVER answer and just pass it off. It is concidered RUDE of people to ask you if you're carrying! It's seen in the same light as asking a large lady if she's pregnant or just fat!

    As for me personally, there are a few people that know I CC regularly. Those people know this because they are the ones that might have need to know in case of an armed robbery or an actual gun-toting "bad guy" in some places I frequent. I'd rather them know and be able to ID me if such a situation arises and I have to draw down on a tango or if they make it out and call the police and I'm still inside. At least that way they can inform the police on scene that the is a "good guy" inside who is armed and can ID me to them so I DON'T get shot!!!!!
    and once again i have to thank you, this site has really answered so many of my concerns. as for the MWAG i know all to well about the seriousness of that call, i do ride alongs with sergent crawford all the time. and he knows im good to go... i was on a ride along a few weeks ago and he has a call for a guy passing bad $100 bills at burger king lmao. after it was all done we had some lunch and he was showing me the computer set up in the crusier and how to look up a persons stats, he said lets look you up....lol i said hell no im a wainted man lol but it came up clear as a bell ever through interpol. no surprise there. but i thought it was funny.

  9. #9
    Regular Member neuroblades's Avatar
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    Regular Member Undertaker's Avatar
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    Thumbs up

    Good job explaining this matter Neuroblades.

  11. #11
    Regular Member KRM59's Avatar
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    Thank to my Fellow KYOC'ers

    i have used all the tool you have given me to feel more at ease while i OC
    but sense i can't remember all the facts as of yet i made myself some cards,
    the size of buisness cards that is. with the Ky constitution and other facts i have
    learned to have them handy if needed. Sounds stupid i know but it helps me and i
    can be precise if the need arises.
    "To disarm the people is the most effectual way to enslave them."
    - George Mason

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    isn't open carry in the state constitution?, if not it wouldn't take much to end it. i open carry most of the time i'm outside and would not like it taken away. if its not a state law or in our constitution to protect it then how strong can it be?

  13. #13
    Regular Member KRM59's Avatar
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    it is there

    Quote Originally Posted by boomer92266 View Post
    isn't open carry in the state constitution?, if not it wouldn't take much to end it. i open carry most of the time i'm outside and would not like it taken away. if its not a state law or in our constitution to protect it then how strong can it be?


    yes it is in the Kentucky Constitution..... preamble subsection 1 and sebsection 7


    sorry had to edit this....it is not in the LAW as a specific law saying yes you can OC. but it does not need to be it is in the KY, Constitution
    Last edited by KRM59; 07-19-2010 at 07:57 PM. Reason: additional info
    "To disarm the people is the most effectual way to enslave them."
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  14. #14
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    ok thanks, i consider anything in the constitution stronger than law anyways. laws cannot be made that go against the constitution. hopefully ill. and cali. will one day see firearms freedoms we do here.

  15. #15
    Regular Member hopnpop's Avatar
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    Quote Originally Posted by neuroblades View Post
    Well after reading your post I had to write a small reply.

    While it is true there is nothing written per se in dictum about OC (open carry) in the KRS, it is LEGAL! The main reason that there's really nothing much written though is basically because there's nothing to dictate as with CC (concealed carry). It's plain, simple, basic, and to the bone: If you're legal to own a sidearm, then you're legal to carry said sidearm. In fact the law even goes further and states that if you're 18 years of age, you can OC, even though you can NOT legally purchase a sidearm! So OC is legal and while LEO's can stop and inquire, that's about all they can do as long as you're legally OC'ing.

    As for the Disorderly Conduct issue, that's NOT! To be charged with DC you have to be either brandishing, which brings about other issues and possible charges or you have to be causing a scene and scaring people in general or specific; either one can not be claimed though if, once again, you're legally OC'ing and there's no proof (eg. camera phone photo, digital camera photo). Granted if you're OC'ing via "Mexican Carry" then it might lend some creedence to a possible DC charge but I've never heard of that one happening either. It was ALWAYS my personal observation that I NEVER encountered a criminal or "bad guy" carrying his sidearm in a holster, ALWAYS either "Mexican Carry" or illegally concealed!

    As for the push for everyone to go CC, I personally agree that eveyone should seriously at least look into it for many different reasons. But I don't look down on those that are not CCDW licensed and who deicide to OC exclusively. Each form of carry has its advantages and disadvantages alike. There are far too many to even begin to talk about here but most of us already know those. Granted in an LEO encunter, if you have CCDW, you're alot more likely to have a better encounter simply because that LEO knows by virtue of that license, you've been checked out and cleared. That makes them feel safer when encountering someone with a gun.

    Now there is one issue that we all might face at one time or other, the dearded MWAG (Man With A Gun) call! This one can can easily happen to anyone that practices OC, in fact this occurs far more often than a Disorderly Conduct call! People who are sadly NOT aware of the OC law, see someone carrying a sidearm and because of either their upbringing or because or the garbage they see and hear daily in the news, they automatically think that they're a criminal, a "bad guy" that's up to no good and then call the police to investigate.

    Most truly hell-bent and dangerous killers will NOT openly carry a sidearm, they have a "mission" in mind and they want to carry that out to whatever bloody and deadly conclusion that might be. Most all serious criminals with murder in mind will illegally conceal their sidearm until the very last second, then they'll pull it! In the majority of cases, the only time a criminal will OC their sidearm is when they have no fear of encountering people, either LEO or civilians (except for potenial victims). They will usually OC when only alone or when encountering other criminals (eg. a drug supplier and a drug dealer). Then you have the "gang bangers" and street thugs, they are deemed the lowest of criminals and could care less who sees their weapons, to them the weapon speaks for them literally.

    Personally, as long as we're carrying out there and we are doing it LEGALLY, that's good enough for me.
    Perfectly stated, if you ask me. Sounds like everything in KY is written just as it is in Michigan. I just spent a week in and around Bowling Green. I didn't do my homework before I left Michigan and I went to KY only knowing that my Michigan CPL (concealed pistol lic) is honored there. When there, I called a local gunshop and simply asked if KY is an OC state. I got a solid affirmative answer and I OC'd nearly everywhere I went, and without issue. It was nice, just like home.

    Here, you can OC a pistol at age 18 but not buy one til age 21. For an 18 yr old to own and carry, it basically has to be gifted/inherited. Have to be 21 to buy from a dealer. If you're 18 and own and carry, it MUST be carried openly. Can't get a CPL here til age 21. And another similarity is that you can OC without any license whatsoever - but must be licensed to conceal.

    I was going to list some of the places I stopped while OCing but I see that you don't have that thread in the KY forum. So, that said, I'll just say that it was nice OCing in your beautiful state without issue. Carry on.
    No one has ever walked away from a gunfight complaining that he brought too much ammo.

  16. #16
    Regular Member KRM59's Avatar
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    Awesome

    I am glad you enjoyed your visit, and hope you come back again.
    "To disarm the people is the most effectual way to enslave them."
    - George Mason

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