Bowling Green Disorderly Conduct

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Bowling Green Ordinance 4-9.03

http://www.amlegal.com/nxt/gateway.dll/Kentucky/bgky/chapterivalcoholicbeveragecontrol*?f=templates$fn=default.htm$3.0$vid=amlegal:bowlinggreen_ky$anc=JD_4-9.03


a. Deadly weapons on premises. Any person who carries onto the premises of any business licensed for the sale of alcoholic beverages within the City, any deadly weapon shall be considered guilty of the crime of disorderly conduct and shall be fined not less than two hundred fifty ($250.00) dollars and not exceeding five hundred ($500.00) dollars or confined to jail for not more than six (6) months, or both so fined and imprisoned.

Would you construe this as any premise licensed to sell alcohol or just bars? So if I go to Olive Garden to eat and OC can they charge me with disorderly conduct?

No! the only thing they could do is ask you to leave the premise first and then if you refuse then you will be charge with disorderly conduct. But let me check and I will recite the statue to you shortly.

The issue i have with this ordinace that it states that I am guilty of disorderly conduct if I carry into the premise. It does not state that I am guilty if I refuse to leave.

I look up the state statues that refers to what you are talking about it is KRS 527.070 and read it carefully. What I got from it is that if they sales are devoted to selling alcoholic drinks. According to reading it, you are not in violation. But just like I said in my earlier post-they can ask you to leave and that they have the right. Let me know how things turn out for you. Lets just say that if you had a CCDW permit then for sure you will be okay. Due to fact that no one knows that you are carrying. I exercise this practice when I go out eat with my family because you never know where trouble is coming from, so I am prepare to deal with what ever comes my way. Just my opinion which means nothing to anyone but me. Take care and I know things will turn out good for you.

This is blatantly against the preemption statute. This sounds as ridiculous as a law stating that "if you run a red light, you're guilty of stealing", the two have nothing to do with each other. And in this case, they can't even legislate this gun law. Good find, KYOC--do you plan on moving on this?

I do now after some clarification.

my message sent to city commison via website contact. If I dont hear anything back in a week I will pay them a visit at city hall.

I am commenting concerning ordinance 4-9.03
a. Deadly weapons on premises. Any person who carries onto the premises of any business licensed for the sale of alcoholic beverages within the City, any deadly weapon shall be considered guilty of the crime of disorderly conduct and shall be fined not less than two hundred fifty ($250.00) dollars and not exceeding five hundred ($500.00) dollars or confined to jail for not more than six (6) months, or both so fined and imprisoned.

It appears that this is in direct violation of KRS 65.870

65.870 Local firearms control ordinances prohibited.
No city, county or urban-county government may occupy 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.
Effective: July 13, 1984
History: Created 1984 Ky. Acts ch. 42, sec. 1, effective July 13, 1984.

I frequently carry my firearm or other deadly weapon for my protection while patronizing local businesses and fear that I may be unlawfully charged with disorderly conduct even though I may only be spending time with my family at a store or restaurant that happens to serve alcohol.

Please take a serious look at this ordinance and amend or repeal as necessary.
I look forward to hearing from you.

You can follow an active discussion about this ordinance here.
http://forum.opencarry.org/forums/showthread.php?86814-Bowling-Green-Disorderly-Conduct

Got a call from Commisoner Waltrip today. He was very helpful and polite. He said that the city manager and and city atty were going to look into the legalities of this ordinance and get back in contact with me and may get calls from other commisioners.

He was as far as I can tell unaware of this ordiance. He is also a retired Police Chief for Bowling Green and is in his first term as commisioner.

I also reiterated that this ordinace does not appear to have anything to do with bona fide bars with more than 50% of thier funding coming from the sale of alcohol and that the disorderly conduct charge does and should not have anything do with the carrying of a firearm.

He was also aware that they could not legaly have an ordinace that violates state law.

I am assuming that does not include discharging of a firearm.