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Thread: Open Carry a loaded gun?

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    Open Carry a loaded gun?

    I am planning to open carry my revolver,but a friend of mine told me a cop told him," you CAN openly carry your gun but NOT loaded, Is this true?

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    Regular Member 09jisaac's Avatar
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    It used to be, in california. What is the point in openly carrying a paperweight? You can almost use it as a weapon if they're close enough. Always carry loaded if you're carrying.

    Edit: Welcome to the forum, try to have a good time.
    Last edited by 09jisaac; 01-23-2012 at 09:48 PM.

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    Regular Member Fallschirmjäger's Avatar
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    This cop you speak of.... did you see his lips moving when he told you that?
    Just sayin', cause that's kind of a hint.

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    Campaign Veteran deepdiver's Avatar
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    Quote Originally Posted by TheGunsmith92 View Post
    I am planning to open carry my revolver,but a friend of mine told me a cop told him," you CAN openly carry your gun but NOT loaded, Is this true?
    No, that is not true in KY. I OC chambered and loaded whenever I am there. A few years ago I had a nice discussion at a gas station with an LEO and then candidate for Sheriff in his kY county that started about my cocked & locked OC 1911. He opened with, "Nice looking 1911! What brand is that?" Very friendly discussion about compact 1911s, his running for sheriff (my out of state plates clearly showed I was not a potential constituent), etc. Nothing ever mentioned about my method of carry or carry in general for that matter. Nice guy. Hope he won.

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    Regular Member 09jisaac's Avatar
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    Quote Originally Posted by deepdiver View Post
    No, that is not true in KY. I OC chambered and loaded whenever I am there. A few years ago I had a nice discussion at a gas station with an LEO and then candidate for Sheriff in his kY county that started about my cocked & locked OC 1911. He opened with, "Nice looking 1911! What brand is that?" Very friendly discussion about compact 1911s, his running for sheriff (my out of state plates clearly showed I was not a potential constituent), etc. Nothing ever mentioned about my method of carry or carry in general for that matter. Nice guy. Hope he won.
    Are you saying that you cannot carry loaded in your state?

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    Campaign Veteran deepdiver's Avatar
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    Quote Originally Posted by 09jisaac View Post
    Are you saying that you cannot carry loaded in your state?
    Not at all. Just making my response specific to KY. In MO you can carry loaded where you can OC.

    The problem w/MO, unlike KY, is that we have no state preemption for OC. Only CC. So there are many municipalities, including the one in which I currently live and work, that ban OC by ordinance.

    I know you didn't ask about OC generally but just about loaded/unloaded, however, I didn't want to give too brief an answer and the wrong impression that MO is as OC friendly as KY.

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    Regular Member 09jisaac's Avatar
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    I just didn't think that Missouri would be like that but since I am on the other side of the state and have only visited MO once I haven't bothered to research the laws.

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    Quote Originally Posted by 09jisaac View Post
    I just didn't think that Missouri would be like that but since I am on the other side of the state and have only visited MO once I haven't bothered to research the laws.
    No, here in Missouri, our laws are very backwards... Majority of the state, OC is ok. Most cities notice you're OC will land you in jail. and for the most part, if OC is "OK" then you need a CCW or you'll be hauled off to J.A.I.L ASAP.

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    Completely legal! As gutshot pointed to above, there are only two statute in all of Ky law that mentions open carried weapons. The other places off limits are courthouses that house only the court of justice, (meaning if they have a public office located in the courthouse, they must allow you to carry!) and detention facilities. You can carry any where else in this state, except federal buildings of course! And in your vehicle you can carry loaded and in plain view, or in anyfactory installed storage compartment . Read up on krs chapters 237 and 527.

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    Regular Member DocWalker's Avatar
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    Does no good to have a pistol unloaded, I can see it now..Mr. Murder can you please stop trying to stab me while I load my pistol.

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    Regular Member Broondog's Avatar
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    Quote Originally Posted by KYGlockster View Post
    And in your vehicle you can carry loaded and in plain view, or in any factory installed storage compartment. Read up on krs chapters 237 and 527.
    just to clarify....any storage compartment such as an armrest console? the glovebox would be a given under such a description one would assume (yeah i know never to assume). locked and loaded too right? but i don't suppose that the behind-the-seat storage area in a pickup truck would qualify.

    i will be visiting your fair state for a number of weeks on business in the very near future and just want to be on board. too bad my route takes me thru commie territory to get there.
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    Regular Member 09jisaac's Avatar
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    http://www.lrc.ky.gov/KRS/527-00/020.PDF

    527.020(8) A loaded or unloaded firearm or other deadly weapon shall not be deemed
    concealed on or about the person if it is located in any enclosed container,
    compartment, or storage space installed as original equipment in a motor vehicle by
    its manufacturer, including but not limited to a glove compartment, center console,
    or seat pocket, regardless of whether said enclosed container, storage space, or
    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 loaded or
    unloaded firearm or ammunition, or both, or other deadly weapon in 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. This subsection shall not apply to any
    person prohibited from possessing a firearm pursuant to KRS 527.040.

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    Regular Member Broondog's Avatar
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    Quote Originally Posted by 09jisaac View Post
    http://www.lrc.ky.gov/KRS/527-00/020.PDF

    527.020(8) A loaded or unloaded firearm or other deadly weapon shall not be deemed
    concealed on or about the person if it is located in any enclosed container,
    compartment, or storage space installed as original equipment in a motor vehicle by
    its manufacturer, including but not limited to a glove compartment, center console,
    or seat pocket, regardless of whether said enclosed container, storage space, or
    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 loaded or
    unloaded firearm or ammunition, or both, or other deadly weapon in 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. This subsection shall not apply to any
    person prohibited from possessing a firearm pursuant to KRS 527.040.
    outstanding! many thanks!

    this also clarifies, if i am not mistaken, my interest in the law regarding legal firearms locked in a vehicle on your employers parking lot. it is against my company's policy to have a firearm even in your car. it would seem that state law would hold authority above company policy.
    I'm the one who's gotta die when it's time for me to die, so let me live my life the way I want to.
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    Regular Member 09jisaac's Avatar
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    Quote Originally Posted by Broondog View Post
    outstanding! many thanks!

    this also clarifies, if i am not mistaken, my interest in the law regarding legal firearms locked in a vehicle on your employers parking lot. it is against my company's policy to have a firearm even in your car. it would seem that state law would hold authority above company policy.
    That it does. I figured it would be best to post the law than to try to summarize it. You should read it anyways if you have to abide by it.

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    Regular Member Comm's Avatar
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    Quote Originally Posted by Broondog View Post
    outstanding! many thanks!

    this also clarifies, if i am not mistaken, my interest in the law regarding legal firearms locked in a vehicle on your employers parking lot. it is against my company's policy to have a firearm even in your car. it would seem that state law would hold authority above company policy.
    That is what is in the bill being introduced now. HB-280/290 which states..

    Amend KRS 237.106 to prohibit public or private employers from maintaining a no-firearms policy with regard to parking lots and parking structures on their property; prohibit disciplining employees who have firearms in their vehicles or using the firearm for self-defense; if a person is killed or injured by a violation of the section, allow legal action to be brought against the employer; allow a person who is discharged for a violation of such a policy to bring a legal action for reinstatement and damages;


    Don't know your company, but there is a case now in the Supreme court over U.K. firing a employee for having a gun in his car while on their parking lot. Several of us went to the hearing and we feel this will be in his favor, Hopefully, this bill will pass, and put an end to this.

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    Their policy is in violation of KRS 237.106, not 527.020. 237.106 already makes it illegal for any employer to prohibit you from keeping a firearm or other deadly weapon in your vehicle, HR280 will amend this statute to mandate reinstatement for an employee fired for exercising this right. The reason UK thinks they were excluded, is because 237.110 that allows them to ban deadly weapons on their property. The only other place that can deny you from keeping a firearm in your vehicle is detention facilities. The fact that public colleges can ban openly carried firearms is a joke, and the law needs changed! They shouldnt be allowed to ban concealed firearms either since state govt doesn't have a prohibition on them in buildings. I keep a cheap S&W AR in my vehicle at school, and carry my sidearm on my person. I would say The SC will rule in mitchells favor because 237.106 was passed after 237.110, and because they know the ban is unconstitutional! I wish they would overturn the right of colleges to ban firearms, but that won't happen. Someone needs to be thrown off campus for carrying and take the issue to the courts. It would be nice if someone who already has an education with a few extra bucks would join a community college, and do that, because someone like me who can't afford to get kicked out isn't gonna go openly carry around campus.

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    Regular Member mem1977's Avatar
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    Talking

    You can most certainly carry a firearm loaded. I know this because my CCDW instructor said so and my local Sheriff said the same. It's no good unloaded. Just think how that would play out in real life, "Wait a minute Mr. Criminal. Let me load my gun. Ok I'm ready now." LOL Not gonna happen.

    I'll give you my gun when you take it from my cold, dead hands! ~ Charlton Heston (1923 -- 2008)

    Lord, make me fast and accurate. Let my aim be true and my hand be faster than those who would seek to destroy me. Grant me victory over my foes and those that wish to do harm to me and mine. Let not my last thought be if I only had a gun; and Lord if today is truly the day that you call me home, let me die in a pile of empty brass. ~ The Gunfighter’s Prayer

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    Your absolutely correct as usual gutshot, and thank you for clarifying my incorrect wording. There certainly is a major difference in the two words meanings.

    Mem- some ccdw instructors will say it's legal, some will say it isn't. Some sherrifs will say yea it's legal, some will swear it's illegal. Always search on your own and you will know for sure what is and what isn't. I know it's legal because the state constitution says, and because there are no statutes that say it's illegal. If you were in front of a judge somewhere that OC isn't legal and were facing charges because you were ocing, and told the judge you didn't think you were breaking the law because your ccdw instructor said it was legal, your going to be thrown in jail. Remember folks, ignorance of the law is no defense when breaking the law. Always verify everything someone tells you, regardless of who says it.

  19. #19
    Campaign Veteran deepdiver's Avatar
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    But ignorance of the law somehow seems to be a valid excuse if you are a public employee or official facing a civil rights violation complaint or lawsuit..... 0_o
    Last edited by deepdiver; 01-29-2012 at 09:58 AM.

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