• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Kentucky Gun Laws

09jisaac

Regular Member
Joined
Apr 13, 2011
Messages
1,693
Location
Louisa, Kentucky
Holland v Commonwealth
I added a new section to reflect this. If people of kentucky don't mind please reply back with other court cases/opinions that are relevant to this thread.

should read
I assumed that since it was in the concealed carry section it would be self explanatory, but you are right. I clarified it, thanks.

You are right. It should also read CDWL, and not CCDW
Is either of them technically correct? I am not saying you are wrong but is there anything to back it up? The law is Carry Concealed Deadly Weapons so I do think it can be either way.

I would like to thank everyone, once again or in advance, for helping me with this thread.

Edit: Also, if it came off that way, I am not trying to be rude or sound like you are less right. I am just explaining why I did what I did.
 
Last edited:

Statesman

Regular Member
Joined
Jul 20, 2008
Messages
949
Location
Lexington, Kentucky, USA
This might be a good one to add, at your discretion.

Simmons v. United States, 390 U.S. 377 (1968)

Summary: "The claim and exercise of a Constitution right cannot
be converted into a crime."
 

KYGlockster

Activist Member
Joined
Dec 9, 2010
Messages
1,842
Location
Ashland, KY
@issac, yes there is evidence to support my statement, the license is called a "concealed deadly weapon license", it is on top of the license. Some states have cpl, chl, cwl, cwp, our's is "cdwl".

It is also a license to carry, not a permit. I'm not taking your comments as rude, it's just people should have the most accurate information about the law and wording. The post was an excellent idea. Now if we can get the posts about cities and counties obeying the law and not obeying the law STICKIED we would be good to go.
 
Last edited:

09jisaac

Regular Member
Joined
Apr 13, 2011
Messages
1,693
Location
Louisa, Kentucky
@issac, yes there is evidence to support my statement, the license is called a "concealed deadly weapon license", it is on top of the license. Some states have cpl, chl, cwl, cwp, our's is "cdwl".

It is also a license to carry, not a permit. I'm not taking your comments as rude, it's just people should have the most accurate information about the law and wording. The post was an excellent idea. Now if we can get the posts about cities and counties obeying the law and not obeying the law STICKIED we would be good to go.
I PM'd Grapeshot** when I wanted the KY gun laws sticky'd.

Edited to the correct name.
 
Last edited:

09jisaac

Regular Member
Joined
Apr 13, 2011
Messages
1,693
Location
Louisa, Kentucky
This might be a good one to add, at your discretion.

Simmons v. United States, 390 U.S. 377 (1968)

Summary: "The claim and exercise of a Constitution right cannot
be converted into a crime."
Can you cite this? I cannot find it anywhere where it says anything to the point "The claim and exercise of a Constitutional right cannot be converted into a crime"
 

OneBadUnit

Regular Member
Joined
Mar 26, 2012
Messages
14
Location
NKY/SWOH/SEIN
Can you cite this? I cannot find it anywhere where it says anything to the point "The claim and exercise of a Constitutional right cannot be converted into a crime"
I believe this is derived from section III, 7th paragraph - "Thus, in this case Garrett was obliged either to give up what he believed, with advice of counsel, to be a valid Fourth Amendment claim or, in legal effect, to waive his Fifth Amendment privilege against self-incrimination. In these circumstances, we find it intolerable that one constitutional right should have to be surrendered in order to assert another. We therefore hold that when a defendant testifies in support of a motion to suppress evidence on Fourth Amendment grounds, his testimony may not thereafter be admitted against him at trial on the issue of guilt unless he makes no objection."
 

KYGlockster

Activist Member
Joined
Dec 9, 2010
Messages
1,842
Location
Ashland, KY
I was thinking maybe we should clarify some of the following:

[+]Signs having weight of law: No, but if a prohibited place fails to post you're still in violation if you carry. ---. Perhaps you could just leave "no" after the "signs having weight of law" since the restricted places are only for ccarry, and place the "but if a prohibited place fails to post you're still in violation if you carry" down to the prohibited places under the "Ccarry" portion.


I would add the three places prohibited by law and case law under the "Open Carry" portion---(1)Court of Justice Courthouses, (2)Detention Facilites w/out Jailer/Warden(s) consent, (3) K-12 Schools without a CDWL, regarldess of whether signs are posted or not.


[+]527.070 Able to keep firearms at school(k-12): Only stored in your vehicle during drop off and pick up.----This law only applies if you have a state issued CDWL. If we don't have a Ky issued CDWL then the FGFSZ still applies and we can't have our firearm within 1,000 feet of K-12 school property. (You have this posted under the "Open Carry" portion so it might mislead.)



Also, "I believe" Federal Law only denies the sale of Handguns across state lines. I believe as long as the states around us allow their citizens to purchase long guns in our state then we can sell or buy from them. I know Ky allows us to purchase from any state and allows any person from another state to purchase from our state. I'm not certain, so hopefully someone with a little more knowledge of Federal Law could verify.
 
Last edited:

KBCraig

Regular Member
Joined
Aug 7, 2007
Messages
4,585
Location
Granite State of Mind
Also, "I believe" Federal Law only denies the sale of Handguns across state lines. I believe as long as the states around us allow their citizens to purchase long guns in our state then we can sell or buy from them. I know Ky allows us to purchase from any state and allows any person from another state to purchase from our state. I'm not certain, so hopefully someone with a little more knowledge of Federal Law could verify.
It used to be federal law under GCA 1968 that you could only buy long guns in your own state, or a contiguous state (but only if both states' laws allowed it).

With FOPA 1986, it was expanded so that you can buy a long gun in any state, so long as both states' laws allow it. These are dealer sales only; it is illegal to transfer any gun between residents of different states unless one of them has an FFL.

It remains the same as 1968 for handguns, though: state of residence only.
 

KYGlockster

Activist Member
Joined
Dec 9, 2010
Messages
1,842
Location
Ashland, KY
Just to be crossing all the T's and dotting all the I's, the fact is that CC is illegal in some other places. KRS 237.110, section 16, lists some places where your CCDW is not valid and a "No CC" sign may have the force of law. A sign is not required in these places, but you could be guilty of a crime in any case.


(16) Except as provided in KRS 527.020, no license issued pursuant to this section shall authorize any person to carry a concealed firearm into:
(a) Any police station or sheriff's office;
(b) Any detention facility, prison, or jail;
(c) Any courthouse, solely occupied by the Court of Justice courtroom, or court proceeding;
(d) Any meeting of the governing body of a county, municipality, or special district; or any meeting of the General Assembly or a committee of the General Assembly, except that nothing in this section shall preclude a member of the body, holding a concealed deadly weapon license, from carrying a concealed deadly weapon at a meeting of the body of which he or she is a member;
(e) Any portion of an establishment licensed to dispense beer or alcoholic beverages for consumption on the premises, which portion of the establishment is primarily devoted to that purpose;
(f) Any elementary or secondary school facility without the consent of school authorities as provided in KRS 527.070, any child-caring facility as defined in KRS 199.011, any day-care center as defined in KRS 199.894, or any certified family child-care home as defined in KRS 199.8982, except however, any owner of a certified child-care home may carry a concealed firearm into the owner's residence used as a certified child-care home;
(g) An area of an airport to which access is controlled by the inspection of
persons and property; or
(h) Any place where the carrying of firearms is prohibited by federal law.

It is my opinion, and I'd bet there are some prosecutors who share that opinion, that since your CCDW does not "authorize" CC in those places you could be charged with carrying a concealed deadly weapon without a (valid) license if you did so. These places are different than places that have just decided to prohibit CC or places where a local government has prohibited CC by ordinance. In the places listed in section 16, it is just as if you have no license at all and KRS 527.020 would apply.
You're right. I misread the first post in this thread. I thought he had all of those places listed under CCarry but he only has some of them.
 
Last edited:

CharleyCherokee

Regular Member
Joined
Mar 27, 2011
Messages
293
Location
WesternKy
However it makes mention in that same statute that no penalty may be applied where a firearm may be constitutionally carried. Given that you can legally open carry in some of those places I would say that you would have a considerable legal defense against prosecution, but I will submit that you would have to bear the costs to defend yourself against that prosecution.
 

KYGlockster

Activist Member
Joined
Dec 9, 2010
Messages
1,842
Location
Ashland, KY
I thought this would help people understand why Court of Justice courthouses can ban firearms or anything else they deem necessary.

KRS 447.154: Laws not to limit right of Court of Justice to promulgate rules.
 
Last edited:

KYGlockster

Activist Member
Joined
Dec 9, 2010
Messages
1,842
Location
Ashland, KY
However it makes mention in that same statute that no penalty may be applied where a firearm may be constitutionally carried. Given that you can legally open carry in some of those places I would say that you would have a considerable legal defense against prosecution, but I will submit that you would have to bear the costs to defend yourself against that prosecution.
From KRS 237.110:

"(2) An original or renewal license issued pursuant to this section shall:
(a) Be valid throughout the Commonwealth and, EXCEPT AS PROVIDED IN THIS SECTION OR ANOTHER SPECIFIC SECTION of the Kentucky Revised Statutes or federal law, permit the holder of the license to carry firearms, ammunition, or other deadly weapons, or a combination thereof, at any location in the Commonwealth;"

This is the very beginning of KRS 237.110 (the concealed carry statute) and specifically says you can NOT carry a CONCEALED deadly weapon at places that are mentioned as off limits in the Kentucky Revised Statutes.

From KRS 237.115: (the statute you have quoted)

"(3) Unless otherwise SPECIFICALLY provided by the Kentucky Revised Statutes or applicable federal law, no criminal penalty shall attach to carrying a concealed firearm or other deadly weapon with a permit at any location at which an unconcealed firearm or other deadly weapon may be constitutionally carried."

Notice this statute also says "UNLESS OTHERWISE SPECIFICALLY PROVIDED BY THE KENTUCKY REVISED STATUTES." KRS 237.110 SPECIFICALLY states the locations that are off limits and against the law to carry CONCEALED in; those places are:

(16) Except as provided in KRS 527.020, no license issued pursuant to this section shall authorize any person to carry a concealed firearm into:
(a) Any police station or sheriff's office;
(b) Any detention facility, prison, or jail;
(c) Any courthouse, solely occupied by the Court of Justice courtroom, or court proceeding;
(d) Any meeting of the governing body of a county, municipality, or special district; or any meeting of the General Assembly or a committee of the General Assembly, except that nothing in this section shall preclude a member of the body, holding a concealed deadly weapon license, from carrying a concealed deadly weapon at a meeting of the body of which he or she is a member;
(e) Any portion of an establishment licensed to dispense beer or alcoholic beverages for consumption on the premises, which portion of the establishment is primarily devoted to that purpose;
(f) Any elementary or secondary school facility without the consent of school authorities as provided in KRS 527.070, any child-caring facility as defined in KRS 199.011, any day-care center as defined in KRS 199.894, or any certified family child-care home as defined in KRS 199.8982, except however, any owner of a certified child-care home may carry a concealed firearm into the owner's residence used as a certified child-care home;
(g)An area of an airport to which access is controlled by the inspection of
persons and property; or
(h) Any place where the carrying of firearms is prohibited by federal law.

It is AGAINST THE LAW to carry CONCEALED in the above places regardless of whether you can constitutionally carry an openly carried firearm in them.
 
Last edited:

KYGlockster

Activist Member
Joined
Dec 9, 2010
Messages
1,842
Location
Ashland, KY
Isaac, could you add these two provisions to the OP:

150.172 Possession and use of firearm for self-defense and defense of others while hunting or trapping -- Exceptions -- Administrative regulations.

and...

500.080 Definitions for Kentucky Penal Code. -- just section (4) as I will post below so people with a CDWL know what OTHER weapons they can carry concealed, and people without a CDWL will know what OTHER weapons they can carry openly.

(4) "Deadly weapon" means any of the following:
(a) A weapon of mass destruction;
(b) Any weapon from which a shot, readily capable of producing death or other serious physical injury, may be discharged;
(c) Any knife other than an ordinary pocket knife or hunting knife;
(d) Billy, nightstick, or club;
(e) Blackjack or slapjack;
(f) Nunchaku karate sticks;
(g) Shuriken or death star; or
(h) Artificial knuckles made from metal, plastic, or other similar hard material;

ALSO....

This needs fixed:
[+]525.30 Cruelty to an animal does not apply to:
Killing of a aggressive animal in self defense/ defense of another or in defense of a domesticated animal.

The statute should be: 525.130

KRS 150.172(2)(a,b) also mentions that a person can use a firearm not only in defense of self or another, but to also kill INJURED animals for humane purposes.
 
Last edited:

Midwest

Regular Member
Joined
Aug 21, 2011
Messages
305
Location
Boone County, KY
This needs fixed:
[+]525.30 Cruelty to an animal does not apply to:
Killing of a aggressive animal in self defense/ defense of another or in defense of a domesticated animal.

The statute should be: 525.130

KRS 150.172(2)(a,b) also mentions that a person can use a firearm not only in defense of self or another, but to also kill INJURED animals for humane purposes.
How does this apply in areas where there ordinances against discharging a firearm in city limits, (with self defense being an exception).

Does state law override city ordinances and extend self defense to include animals like rabid dogs and raccoons as well as injured animals ?

This could be an issue in the future, if it hasn't been already.
 
Last edited:

KYGlockster

Activist Member
Joined
Dec 9, 2010
Messages
1,842
Location
Ashland, KY
How does this apply in areas where there ordinances against discharging a firearm in city limits, (with self defense being an exception).

Does state law override city ordinances and extend self defense to include animals like rabid dogs and raccoons as well as injured animals ?

This could be an issue in the future, if it hasn't been already.
State law is superior to ALL local law. The localities of KY have no power at all other than what the state has given them, or allowed them to do. Any local ordinance or regulation that is repugnant to state law shall not be enforceable unless the state has authorized the locality to do so. Would I fire my firearm in the middle of a crowded city to put down an animal? Probably not, I would call animal control or the local police and let them deal with it. But if you did do so, you would have a defense to any crime they tried charging you with under these statutes.

Check out KRS 67.083 and KRS 82.082 for more information concerning the power of localities to enforce or produce ordinances in violation to state law or the KY Constitution.
 
Last edited:
Top