Thread: Is the Glove Compartment OC?
From what I've read in the past, I'm pretty sure one can store a loaded gun in one's glove box in the state of KY and it's counted as Open Carry.
Can someone give me a definite yes or no answer? Thank you
Last edited by aegri_mentis; 07-25-2010 at 06:47 PM.
KRS 527.020 paragraph (8)
(8) A firearm or other deadly weapon shall not be deemed concealed on or about the person if it is located in a glove compartment, regularly installed in a motor vehicle by its manufacturer, regardless of whether said compartment is locked, unlocked, or does not have a locking mechanism. No person or organization, public or private, shall prohibit a person from keeping a firearm or ammunition, or both, or other deadly weapon in a glove compartment of a vehicle in accordance with the provisions of this subsection. Any attempt by a person or organization, public or private, to violate the provisions of this subsection may be the subject of an action for appropriate relief or for damages in a Circuit Court or District Court of competent jurisdiction.
Also, the glove compartment is considered to be in the dash on the passenger side, not the center console even if your vehicle only has a center console.
Your opinion is reasonable and makes good sense but, the Ky Court of Appeals disagrees.
From Commonwealth v. Fadi Mohammad:
The everyday meaning of glove compartment is the factory-installed compartment in the dash on the passenger’s side of the vehicle.
underlining is mine.
We do not believe the “glove compartment” exception is ambiguous, vague, or difficult to understand. The statute speaks for itself and we are required to follow the language of
the statute rather than speculate as to what may have been intended but not expressed.
I don't think it's a matter of speculating what the General Assembly intended as much as defining the words they used. Many sections of the KRS give definitions of terms used in that section as understood and intended by the legislators. I think this one would have benefited from that practice. By the way, the District Court and Circuit Court agreed with you and even extended the permissible storage to the center console. I'm certain Mr. Mohammad was not pleased.
Last edited by gutshot; 07-26-2010 at 09:51 AM.
The everyday meaning of “glove compartment” is the
factory-installed compartment in the dash on the passenger’s
side of the vehicle.
Gutshot beat me to it.
Plain, common or everyday meaning changes from term to term in the Appellate as well as the Supreme Court. I believe the fight is that the common everyday meaning of glove compartment has changed since 2003. Glove compartments are listed in several locations in different vehicles and I believe with the right case and right attorney that this would be ruled differently or sent on to the Supreme Court where a more satisfied ruling would be afforded. "All words and phrases shall be construed according to the COMMON and APPROVED usage of the language,...". This is where I believe this will turn. Just my thoughts
Got SIG? MOLON LABE
These are great sentiments, but cases take years to get through the court system. Very few cases make it to the Ky. Supreme Court, Mr. Mohammad's didn't. Most of the cases that do go to Ky. Supreme Court are complex cases with issues of how a law should be applied or understood. It would be rare to see a case of this nature in our Supreme Court. In Ky, where judges are elected, it's hard to predict what might happen in the future. The justices that presently make up the court may not even be there by the time a case could get that far. The Supreme Court Justices don't want a case like this. Ruling on it might hurt their reelection. Until that happens, if it ever does, it doesn't matter what KSP or the AG says, the courts have ruled, this is settled law in Ky for now, and we have to live with it.