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Thread: Another Open Carry Age Question... Thanks

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    Another Open Carry Age Question... Thanks

    I've been searching high and low for some real legislation on this. I am 19 and I own a handgun. I want to open carry from time-to-time...like going to the range. Obviously, the website says minimum age is 18 to OC, but I spoke with an employee at Open Range in Louisville, and told me it was 18 for long guns and 21 for handguns. So far all I can find is that the minimum age is 18 to OC...it does not specify for handguns versus long guns. I am calling KSP tomorrow, but last time I called them I had a question about owning a handgun at 19 yoa, and they said I could not...which is not true according to the BATFE and Fed Law. I am in lexington, by the way if that matters.

    Thanks

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    The police are no experts on law. Oftentimes they get it wrong. However, the law is VERY clear. Anyone 18+ without felonies may own and openly carry a gun. It is a common misconception that you have to be 21. This is probably due to needing to be 21 for a CCDW and to buy from a FFL. There's a chance that the range has their own policy or perhaps they're just ignorant about the law.

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    I spoke with Kentucky State Police, and they directed me to KRS 527.100. I have seen this law before, and I am pretty sure it is a copy or a spin-off of the federal law pertaining to minors possessing firearms/handguns. The KSP told me I needed a private attorney's interpretation of the law. The police said they could not reccomend for or against on carrying a handgun openly between the ages of 18-21. To me, if this is the only statue pertaining to possession and open carry in Kentucky...it is clear as day, it is legal for 18+ to open carry handguns. If anyone knows about any other legislature concerning open carry in Kentucky I am all ears.

    I have read the other thread around page 5 here that is the same situation as mine. I am listening to all the posters here and in that thread and I am looking at the same legal documents...My only concern is that some ignorant cop is going to harass me for open carrying my handgun...then it is all in the hands of the interpretation of the law, and who knows what could happen from there.

    Thanks

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    Regular Member Johnburns15's Avatar
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    Quote Originally Posted by arsenalfc25 View Post
    I spoke with Kentucky State Police, and they directed me to KRS 527.100. I have seen this law before, and I am pretty sure it is a copy or a spin-off of the federal law pertaining to minors possessing firearms/handguns. The KSP told me I needed a private attorney's interpretation of the law. The police said they could not reccomend for or against on carrying a handgun openly between the ages of 18-21. To me, if this is the only statue pertaining to possession and open carry in Kentucky...it is clear as day, it is legal for 18+ to open carry handguns. If anyone knows about any other legislature concerning open carry in Kentucky I am all ears.

    I have read the other thread around page 5 here that is the same situation as mine. I am listening to all the posters here and in that thread and I am looking at the same legal documents...My only concern is that some ignorant cop is going to harass me for open carrying my handgun...then it is all in the hands of the interpretation of the law, and who knows what could happen from there.

    Thanks
    Krs 527.100 Clearly states that if the person possessing the firearm is under 18 then it is considered illegal. Meaning if you are 18+ then it is perfectly legally for you to do so.
    But be aware depending if you look your age or possibly younger you most likely will have LEOs try stopping you and talking to you

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    KSP responded exactly how I thought they would. They are law enforcement, not law interpreters. It sounded as though they gave you the run around, but the truth is, they could be at liability if they gave you legal advice one way or another.

    In this case, the law is as plain as day--there is no room for interpretation. If you are legal, then you are legal and there's nothing to worry about. Don't worry about being hassled if you are on the right side of the law.

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    It's looking good to me. As long as there are not any other statutes commenting on open carry, specifically age, then I'm good to go. According to KSP, everyone here, and my best efforts this is the only law concerning open carry here in Kentucky....Thanks everyone!!!

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    I'm with you on this one. 20 years old and I look young. It's legal but people tend to freak out if they see a young person with a handgun. They automatically think ILLEGAL. I wish it wasn't like this but no matter how much we try to educate, some people still don't get it.

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    Regular Member Johnburns15's Avatar
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    Well I myself am only 21, I've been told I look younger, but I have never really had a problem carrying my firearm( except at a car dealership, but that was cleared up). I've actually had several police officers that were very professional and friendly about me carrying. It all depends on where you are and how much the LEOs there know about the law

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    I guess it's all about the area you're in. I go to school in Richmond, Ky and people here could care less it seems. I live in Louisville, I can't even park my truck in the grass in my own backyard without getting a formal letter about it. The neighborhood I live in would probably call in SWAT

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    Regular Member GlockGuy36's Avatar
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    hey guys new to this but along the same line.

    Hey guys this along the same line as the post as well. I am 20 years old and want to carry my Glock. (1) in case some whack job starts going psycho, (2) I want to be able to enjoy all the rights given to me by the U.S. Constitution. I DO want to be on the right side of the law by opening carrying, I dont care to be hassled. Just dont want to land in jail on carrying a handgun under 21 even through KRS says that a person 18+ can own and POSSESS a handgun and ammunition. I havent found anything at all that defines who can open carry and who cant. Another thing is, what would I do if I was stopped by an LEO that was stubborn and wouldnt listen to me trying to tell them that KRS allows 18+ year olds to open carry a handgun. Im starting to think ill just wait until I turn 21 then I could carry with 100% confidence. need help/advice!

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    Regular Member CharleyCherokee's Avatar
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    Unfortunately there are cops out there with the mentality of you may be the charge but you won't beat the ride. There's nothing you can do about this other than to record and get them for it afterwards. The key is to be prepared to defend yourself in case of being charged falsely.
    A bullet may have your name on it, but shrapnel is addressed to whom it may concern.
    Why open carrying is a good idea: http://forum.pafoa.org/open-carry-14...encounter.html

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    Regular Member GlockGuy36's Avatar
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    ok, hmm

    So really its probably best if I just wait until I turn 21 so theres no possible legality issues then. bummer.

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    Quote Originally Posted by GlockGuy36 View Post
    So really its probably best if I just wait until I turn 21 so theres no possible legality issues then. bummer.
    Let me make sure that I have this right (and this is not a slam on you). Because some cops either don't know the law or don't care about the law and COULD arrest you for violating a non-existent law, you will forgo your rights?

    Will you stop wearing red shirts because a cop COULD arrest you for violating the non-existent law prohibiting it? Will you stop driving because some cop COULD arrest you for DUI (DWI) when you are only under the influence of caffeine?

    The point I'm trying to make is that a cop who doesn't know or care about the law can arrest you at anytime for any reason.

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    Regular Member GlockGuy36's Avatar
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    not what I was trying to say

    No, i'm not going to forgo my rights. I WOULD say that most cops think a person has to be 21 to buy and carry a handgun, so I, (being 20), would probably have more complicaitons than someone who was 21. Like, im a law abiding citizen and havent even had a speeding ticket. I dont care about being harrased, getting funny looks etc. I figure I would be targeted more since by fedral law you have to be 21

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    Regular Member Johnburns15's Avatar
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    A little advice that May help you. I'm 21, but I look much younger, most people believe I look 17. But I open carry every day and have never had a hastle with an officer saying I looked "too young"

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    Regular Member Johnburns15's Avatar
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    And by the way, I've been open carrying since the day I turned 18. And in over 3 years bent had an issue with it

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    Regular Member GlockGuy36's Avatar
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    Alright :) Point taken

    I'll be open carrying my gun then, with pride

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