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thirdwatch2007
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| Joined: | Sat Apr 11th, 2009 |
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Posted: Sun Jan 3rd, 2010 04:47 pm |
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Thank you all for the reply's, tho I think neuroblades got most of it stright so to speak.
Question: Dose anyone know the KRS for:
1. KRS For a person under 21 to carry a handgun / Minor possission?
2. KRS for anything else you think I as being under 21 would be handy to have with me?
3. I have searched KRS for something containing Open Carry but I don't think there is such a statue other than just saying Plain View.
Thank you all one more time 
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kywildcat581
Regular Member
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Posted: Tue Feb 2nd, 2010 01:33 am |
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Sorry so late but I speak from experience. I had my weapon "HOT" on the passanger seat and got hit on a traffic stop. Informed LEO immediately that I had a loaded 9mm in my passenger seat in plain sight, at that point he looked for it and saw it. By immediately, I mean before he even had a chance to say much.. he approached my window and I informed him. Had both hands spread open on the steering wheel.
I had no trouble other than he wanted to "secure the weapon" during the traffic stop, and actually talked to me about the OC. He likes the idea of good citizens open carrying, and he did before he was an officer.
We parted ways in a good manner, other than my Car Registration Expired "fix-it ticket". But painless indeed. So mine stays in the passenger seat.... no fear at all of having it there.
I drive a 92 mustang gt (Fox Body) so it is somewhat low sitting and a tall LEO would not see in my passenger seat from a full standing position.. that is not my fault though that he is tall.. If I am taking a duty to inform, and it is in plain sight, there is no confusion on concealment....
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neuroblades
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| Joined: | Wed Aug 26th, 2009 |
| Location: | Kentucky USA |
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Posted: Sun Feb 7th, 2010 10:46 pm |
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langzaiguy wrote: @Neuro: I definitely agree--except with your two "obvious" places for open carry within a vehicle. Storing a gun in the glovebox is completely legal for just about any citizen. This mode of carry is defined in KRS. I would agree that open carrying a handgun on the passenger seat should be legal and in reality IS legal, however I'm sure there would be an idiot LEO out there somewhere that would argue otherwise. While someone may win in the judicial system over this type of carry.
While it may be obvious to you and me, it might not be to some LEOs.
I agree with you.
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neuroblades
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| Joined: | Wed Aug 26th, 2009 |
| Location: | Kentucky USA |
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Posted: Sun Feb 7th, 2010 11:24 pm |
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thirdwatch2007 wrote: Thank you all for the reply's, tho I think neuroblades got most of it stright so to speak.
Question: Dose anyone know the KRS for:
1. KRS For a person under 21 to carry a handgun / Minor possission?
2. KRS for anything else you think I as being under 21 would be handy to have with me?
3. I have searched KRS for something containing Open Carry but I don't think there is such a statue other than just saying Plain View.
Thank you all one more time
Well, this isn't the "final word", so to speak, but it should give you a push in the right direction, hopefully.
http://www.lrc.state.ky.us/KRS/527-00/CHAPTER.HTM
Look under the heading "Minors and Juveniles", the main one to look at starting off would be KRS 527.100 & 527.110.
In an actually encounter with LEO or other individuals, it's best to be AUTHORITIVE, DIRECT, KNOWLEDGEABLE, & POLITE!!! These 4 factors can mean all the difference between an educational encounter or going to jail! Here's an example of this in action on one of my recent visits to Wal Mart:
http://opencarry.mywowbb.com/forum25/37030.html
Granted, an encounter with a LEO will really test how calm you can be, just make sure that you're within the legal rights and NEVER cop an attitude, excuse the pun. *LOL*
If you're freaking out and nervous, they will notice it and that will lead them to look at you in a different light than if you keep your cool, answer their questions SIMPLY, no lengthy answers! If you see that they're NOT accepting what you're saying, Don't push the point and just accept your first chance to leave and fight it another day. Notice the name(s) of the officer(s) for future correspondence, either to praise them or to pan them to their bosses later.
As someone wrote to me, "When people don't know the law, they key off of the other persons reactions and actions." This is mainly in reference to non-LEO but it applies to LEO just as well, afterall, they are people also.
Additionally, you might want to read through these as well:
http://www.lrc.state.ky.us/KRS/237-00/CHAPTER.HTM
You can NEVER know too much in relationship to this matter.
Last edited on Sun Feb 7th, 2010 11:40 pm by neuroblades
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Butterbone
Regular Member
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Posted: Tue Feb 16th, 2010 04:14 am |
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This thread got much more confusing as it went on.
Mainly from my point of view, it was people continuously wanting to be "precisely, and pedantically" more correct than someone else.
My question is "what's most reasonable"?
If I don't have CCW, should I keep my pistol on me, or in the glove box, or in the seat?
I have been putting it in the glove box. Just to be certain that I can't get in trouble.
All it takes is ONE mistake.
The prosecutor and the judge are going to be less concerned over my loss of rights than they are getting the money from the fines and penalties.
I'd rather be certain that I'm not going to get into a situation where I lose my right to own ANY firearm, let alone the one I am carrying in my car.
Right???Little issues like this, and the "shirt falling over the pistol" are the reasons I have decided to pay for my CCW license.
I'm going to carry the same as I have been. At least this way I know I can't get into a bad situation that could put my rights at risk.
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Unfettered Might
Regular Member
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Posted: Tue Feb 16th, 2010 06:59 am |
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Butterbone wrote: At least this way I know I can't get into a bad situation that could put my rights at risk.
It should be noted that a first offense of carrying a concealed weapon in Kentucky is a Class A Misdemeanor, so one wouldn't loose their 2A, THE FIRST TIME.
Subsequent violations are a Class D Felony.
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neuroblades
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Posted: Tue Feb 16th, 2010 07:54 pm |
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Butterbone wrote: This thread got much more confusing as it went on.
Mainly from my point of view, it was people continuously wanting to be "precisely, and pedantically" more correct than someone else.
My question is "what's most reasonable"?
If I don't have CCW, should I keep my pistol on me, or in the glove box, or in the seat?
I have been putting it in the glove box. Just to be certain that I can't get in trouble.
All it takes is ONE mistake.
The prosecutor and the judge are going to be less concerned over my loss of rights than they are getting the money from the fines and penalties.
I'd rather be certain that I'm not going to get into a situation where I lose my right to own ANY firearm, let alone the one I am carrying in my car.
Right???Little issues like this, and the "shirt falling over the pistol" are the reasons I have decided to pay for my CCW license.
I'm going to carry the same as I have been. At least this way I know I can't get into a bad situation that could put my rights at risk.
It's not that we're trying to "one up" anyone else, just that we are trying to be as legally precise as we can be and sometimes we make a mistake in our facts and so if someone else catches it they post the correction and the discussion or thread rolls on.
I personally re-read this thread to see if I could see what you mentioned about it becoming more confusing, I didn't. Though it shifted gears on the beginning of the second page with additional information that I thought might be helpful to the original post.
As for the OC on the seat issue, it is legal I have been told by an attorney but it is NOT suggested due to the potential for the gun to possibly slid off the seat into the floor if you have to stop very quickly and the when you accelerate quickly, it can then end up under your passenger seat and thus become a concealed weapon.
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