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Firearm on school property

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Viper9

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I am currently 17 and I am enlisted in the Kentucky National Guard, I turn 18 on the 27th. I plan to open carry when I turn 18. Since I drive to school can I keep my handgun in my car, legally? Would KY law override school rules?
 
09jisaac

09jisaac

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If you would refer to the topic at top labeled "KY gun laws" it should point you in the direction of the law.

http://www.lrc.ky.gov/KRS/527-00/070.PDF

The law states that it is legal for an adult possess a firearm contained in the vehicle is if is "operated" by the adult. My opinion is this means that if you park your vehicle then there is no operator. So I would venture to say that no you can't leave your firearm in your car.


Btw, welcome to the forum. I hope you stay awhile.
 
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Jbale22

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In my opinion if it is a post-secondary school (Community College or University) It is legal to have it in your car while you are in school by KRS 237.106. As long as you are 18 and it STAYS in your car unless deadly force is justified. Post-Secondary schools have the authority to prohibit deadly weapons on their property by KRS 237.115 but as long as YOU as an 18 year old adult are the one operating that car for your transportation you should be fine. I don't think it makes a difference by law if you leave your car to go to school because I do that multiple times a week when I attend class at my college. Now if you are still in High School that changes drastically, by the Gun Free School Zone act of 1995 no firearms are allowed within 1000 ft. Of K-12 schools.(Aside from private property i.e. you live within 1000 ft of a school) Now a KY CCDW license will allow you to be within the 1000 ft. But still can not be on ANY part of school property.

Hope this helps.
 
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langzaiguy

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@JBale To clarify/correct: There is, indeed, a federal gun law that bans firearms from within 1000 feet but exempts CCDW carriers. As far as KY law is concerned, any lawful citizen may legally have a gun stored in their vehicle on school property (in a factory compartment).
 
09jisaac

09jisaac

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langzaiguy said:
@JBale To clarify/correct: There is, indeed, a federal gun law that bans firearms from within 1000 feet but exempts CCDW carriers. As far as KY law is concerned, any lawful citizen may legally have a gun stored in their vehicle on school property (in a factory compartment).
Click to expand...

You sure of this? Because the law said the adult can posses the firearm on k-12 property if contained in a vehicle OPERATED by the adult. It didn't say that it could be stored in there.

I was assuming OP was in high school, as only about a small fraction of college students are 17. But if OP is going to a higher learning school then you are correct, 237.106 says that no one can prohibit the possession of a firearm in a vehicle (unless prohibited elsewhere ie K-12 school property)
 
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langzaiguy

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Employers are unable to regulate firearms in employee vehicles. As for regular Joes parking on school property, I'm not sure, you may have a point.
 
09jisaac

09jisaac

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gutshot said:
I have a few questions about this. I'm not saying your conclusions are right or wrong, but some of the things you wrote here trouble me. Sorry to be so nit picking, but you are giving advice here that may get a man put in jail. I guess it's more troubling how you got to your conclusion that what that conclusion is that troubles me.
1. You say, "In my opinion if it is a post-secondary school (Community College or University) It is legal to have it in your car while you are in school by KRS 237.106."
2. You say, "Post-Secondary schools have the authority to prohibit deadly weapons on their property by KRS 237.115."
3. If No 2. is true, how does it not fall under the exception in KRA 237.106 (5)(c) where it says "The provisions of this section shall not apply to any real property:
(c) Where a section of the Kentucky Revised Statutes specifically prohibits possession or carrying of firearms on the property."[/SIZE] In this case KRS 237.106 would not apply on property owned or occupied by post-secondary schools.
4. I'm not sure what you mean by "while you are in school". Do you mean while he is away from the car and in class or do you mean during the time period he is enrolled in school?
Click to expand...


It shouldn't. KRS just says that they have the right to control the possession of firearms on their property, it doesn't say that it is prohibited. Did I finally use the right word?

I do believe that they shouldn't have the right to prohibit firearms on their property if "their property" is bought and paid for by tax dollars, but it does seem like they do have the right to prohibit them right now.
 
09jisaac

09jisaac

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gutshot said:
I don't think they have that right. I think they think they have that right. I also think that the KY Supreme Court is going to tell them they don't have and have never had that right very soon.
Click to expand...

I hope so, but I doubt it. If you are talking about the mitchell case then I think that they would just rule that his employer (UK) can't do what they did (if I remember it correctly). I don't think that they will touch on whether UK as a school has that ability.
 
V

Viper9

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Just to clear things up, I am still in high school. So what is everyone's final thoughts? Legal keep in my car while parked on school property?
My school code of conduct also says, "No firearms allowed on school property". Does that overrule Ky law?
 
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09jisaac

09jisaac

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Viper9 said:
Just to clear things up, I am still in high school. So what is everyone's final thoughts? Legal keep in my car while parked on school property?
My school code of conduct also says, "No firearms allowed on school property". Does that overrule Ky law?
Click to expand...

Like I said, the law excludes the adult in possession of a firearm on school property if he/she is operating a vehicle and the firearm is not removed or brandished. So I don't think this is a KY law but, as gutshot pointed out, a federal law. Maybe check out the GFSZ act and see if there is any exclusions in it to allow firearms in a school zone. I know you're exempt from the 1000' part if you have a valid carry permit in the state (I think if the state says that the permit exempts you). But that is the only exclusion that I think of.


Gutshot, does the permit exclude you from the 1000' part or the whole thing, just KY law says that no firearms on school property?
 
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