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Hello everyone. new to the forum and i have a question.

kcunha

New member
Joined
Apr 22, 2011
Messages
7
Location
Union KY
i have been a forum watcher for a few weeks now, and have learned a good deal of info, but I dont feel too sure on this issue from what I have read thus far. I will be going through the process to get my CCDW permit this summer and know that I can OC legally until my permit comes. I am from the northern part of the state, Union, and spend a good deal of time in the Hebron, Florence, and Burlington areas. I know the glovebox rule, and the places of carry and all of that good stuff. what I want to know is, that annoying federal law prohibiting carry without a permit within 1000 feet of a school's property. if you have traveled in that area, then you know it is impossible to go anywhere without crossing that magical line where guns just start going off on their own. If i were to OC in the mean time, WITHOUT a permit, is the local LEO going to stop me purely on that offense if I am casually walking down the street or shopping in a Kroger? Or is it enough of a gamble that i should gun leave my gun at home until i get my permit?

Sorry for the long first post. i look forward to getting to know all of you here in the time to come.
 

neuroblades

Regular Member
Joined
Aug 26, 2009
Messages
1,240
Location
, Kentucky, USA
Welcome Aboard, kcunha!

Just a short message to welcome you aboard OCDO forums. We don't mind any qyestions that are asked in honesty. Feel free to ask if you can't find it via searching the forums.
 

hotrod

Regular Member
Joined
Jul 24, 2008
Messages
569
Location
Union, Kentucky, USA
This has been discussed several times, and as gutshot said, wish their was an absolute answer. I did talk to a lawyer, who is a gun law expert, and he has never heard of anyone being stopped by the feds for this offense. He also remarked that the local law enforcement does not have the juridictional right to arrest on a federal charge. Unless you commit another crime, I can not believe anyone from the Boone County area LEO's would arrest you for open carry anywhere, even within 1000ft of a school. I hate to say this but, just get your CDWL and all is well.
 

hotrod

Regular Member
Joined
Jul 24, 2008
Messages
569
Location
Union, Kentucky, USA
Local LEO detain illegal aliens everyday. Being in this country without the proper documentation is a federal crime. These detainees are held for ICE to pick up and arrest.

Detain is the key word. It is up to the US Attorney to charge or not. And again, find one time this law has been enforced on it own merit. I can't find it and I've looked through West Law and Lexis/Nexis. Now, and initial charge of another crime, such as selling drugs within 1000' of a school, and carrying a weapon could get you charged. It's an enhancement in sentencing if found guilty.
 

09jisaac

Regular Member
Joined
Apr 13, 2011
Messages
1,692
Location
Louisa, Kentucky
Im not saying that this is a law that is going to be enforced all that often. But in KY you can't be charged with disorderly conduct just because you're carrying a gun and nothing else. So maybe this would be the law that they choose to get you on. Say I walk into my courthouse, which has county offices in it so this is legal, or my sheriff dept. Both are within 1000 ft of a school. So say this pisses someone off, I have already had two sheriff deputies telling me to leave my gun in the truck next time. Why couldn't they detain me on the grounds that I have carried within 1000 ft of a school? And then they would only have to get the US attorney to charge me with it and then I would be doing time because I was doing nothing wrong but something illegal.
 
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