sherman123
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If they are carrying? Or is it just seen as a courteous thing to do but not a legal requirement?
Do CCW holders in KY have a duty to inform an officer during a traffic stop?
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mljdeckard
Member
Interestingly enough, I couldn't find a definitive answer on handgunlaw.us or the KY website.
I heard there is no need to inform, but if they ask to see the permit you have to show it to them.
And remember in KY one can have a loaded pistol in the glove compartment, and now in the center console and/or in any compartment installed by the manufacturer without a permit but in this case I do not know of any law to inform.
Maybe someone can cite the KRS (Kentucky Revised Statutes) that addresses this issue if it does at all.
And remember in KY one can have a loaded pistol in the glove compartment, and now in the center console and/or in any compartment installed by the manufacturer without a permit but in this case I do not know of any law to inform.
Maybe someone can cite the KRS (Kentucky Revised Statutes) that addresses this issue if it does at all.
I believe this is correct and the applicable statute is KRS 237.110. Section 15 states you must produce a CCW license if asked by LEO and there is a noncriminal violation with a $25 fine if you are unable to produce a CCW license (while carrying concealed of course).
I am not aware of any other statutes that deal with "duty to inform" however I have not seen a definitive answer posted from someone more knowledgeable than myself either.
A very welcome change IMO.
sherman123
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Thanks for the input guys. I have looked every where and couldn't find a definitive answer either. I ask because I was always under the impression that there was no requirement although I know there's a duty to inform immediately in my neighboring state of Ohio.
I might add the following .....
The $25 fine is if a person has a CCW permit and carrying concealed and was asked by a police officer to see the permit ...but does not have the permit on them..
If that person has no CCW permit whatsoever and is carrying concealed the outcome would be far different.
http://www.lrc.ky.gov/krs/527-00/020.PDF
527.020 Carrying concealed deadly weapon.
(9) Carrying a concealed weapon is a Class A misdemeanor, unless the defendant has been previously convicted of a felony in which a deadly weapon was possessed, used, or displayed, in which case it is a Class D felony.
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http://answers.yahoo.com/question/index?qid=20090430190828AA9LnpX
What is the maximum sentence for a Class A misdemeanor in kentucky?
Best Answer - Chosen by Voters
A Class A or 1st class misdemeanor is punishable by up to one year in county jail. This is the highest class of misdemeanor.
The next charge up from this would be a 4th degree felony, which starts at a year and a day in state prison.
The $25 fine is if a person has a CCW permit and carrying concealed and was asked by a police officer to see the permit ...but does not have the permit on them..
If that person has no CCW permit whatsoever and is carrying concealed the outcome would be far different.
http://www.lrc.ky.gov/krs/527-00/020.PDF
527.020 Carrying concealed deadly weapon.
(9) Carrying a concealed weapon is a Class A misdemeanor, unless the defendant has been previously convicted of a felony in which a deadly weapon was possessed, used, or displayed, in which case it is a Class D felony.
______________________________________________________________________________________
http://answers.yahoo.com/question/index?qid=20090430190828AA9LnpX
What is the maximum sentence for a Class A misdemeanor in kentucky?
Best Answer - Chosen by Voters
A Class A or 1st class misdemeanor is punishable by up to one year in county jail. This is the highest class of misdemeanor.
The next charge up from this would be a 4th degree felony, which starts at a year and a day in state prison.
Gary Slider
Member
At www.handgunlaw.us at the top of each states page it has "Must Inform Officer" Then has Yes or No. If yes by law you have to if No there is no law stating you have to. If it states YES then on down that states page there is a "Must Inform Officer" Section that gives the states law on that subject.
sherman123
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Thanks again everybody this helps big time now that I checked handgunlaw.
henschman
Member
BTW, Johnny Dollar, Oklahoma also has a duty to inform law.
The Real Wyatt
Member
In Kentucky the State Police know you have a CCDW permit as soon as they run your license.
Let me add that in ANY state it is best to piolitely inform ANY police officer you are interacting with that you are carrying a weapon and ask how does he/she want to proceed.
Let me add that in ANY state it is best to piolitely inform ANY police officer you are interacting with that you are carrying a weapon and ask how does he/she want to proceed.
NavyLCDR
member
The Real Wyatt said:
And exactly why would that be best if the law does not require it? I am stopped for speeding...exactly what purpose does it serve to inform the officer that I am lawfully carrying a gun? It only serves one purpose, it invites the officer to unnecessarily handle my gun, placing the officer, myself and any innocent bystanders in danger of a negligent discharge. The safest place for my gun is securely in the holster. The best way to ensure that my gun stays in it's holster is to not bring it up when it has nothing to do with the reason for the interaction.
Concealed means concealed. I've never understood this desire of some concealed carriers to blab about their gun just because the stranger they are blabbing to is wearing a uniform and badge.
BK
Member
Other than TX, how many states have a penalty for violating the requirement?
Gary Slider
Member
Just add OK to the list above. Also the law in AZ is you don't have to inform but if an officer ask you must give a true answer. You can not remain silent as that is breaking their law. By their law you have to answer that question truthfully. Also in TX if you don't inform there is no penalty under the law. They removed the penalty but the law to inform is still on the books.
BK
Member
Hey Gary,
That's why I isolated TX from the pack. I just wondered if any others have no penalty for those of us traveling through, and don't inform before asked.
That's why I isolated TX from the pack. I just wondered if any others have no penalty for those of us traveling through, and don't inform before asked.
Gary Slider
Member
Not that I am aware of. I do believe all the other states have some type of penalty except TX. I think it is stupid to have a law but nothing to back it up with. That is why a lot of people think TX does not have a must inform law.
Here is the TX law for those who have not seen it:
Sec. 411.205. Requirement to Display License.
If a license holder is carrying a handgun on or about the license holder's person when a magistrate or a peace officer demands that the license holder display identification, the license holder shall display both the license holder's driver's license or identification certificate issued by the department and the license holder's handgun license.
As you can see when they ask for ID you must give them your carry permit/license also if you are carrying.
Here is the TX law for those who have not seen it:
Sec. 411.205. Requirement to Display License.
If a license holder is carrying a handgun on or about the license holder's person when a magistrate or a peace officer demands that the license holder display identification, the license holder shall display both the license holder's driver's license or identification certificate issued by the department and the license holder's handgun license.
As you can see when they ask for ID you must give them your carry permit/license also if you are carrying.
Gary Slider
Member
Here is the AZ law I mentioned. You have to answer if they ask.
13-3102. Misconduct Involving Weapons; Defenses; Classification; Definitions
1. Carrying a deadly weapon except a pocket knife concealed on his person or within his immediate control in or on a means of transportation:
(b) When contacted by a law enforcement officer and failing to accurately answer the officer if the officer asks whether the person is carrying a concealed deadly weapon; or…
M. For the Purposes of This Section:
1. "Contacted by a law enforcement officer" means a lawful traffic or criminal investigation, arrest or detention or an investigatory stop by a law enforcement officer that is based on reasonable suspicion that an offense has been or is about to be committed.
13-3102. Misconduct Involving Weapons; Defenses; Classification; Definitions
1. Carrying a deadly weapon except a pocket knife concealed on his person or within his immediate control in or on a means of transportation:
(b) When contacted by a law enforcement officer and failing to accurately answer the officer if the officer asks whether the person is carrying a concealed deadly weapon; or…
M. For the Purposes of This Section:
1. "Contacted by a law enforcement officer" means a lawful traffic or criminal investigation, arrest or detention or an investigatory stop by a law enforcement officer that is based on reasonable suspicion that an offense has been or is about to be committed.
I grew up in KY and live across the river and have a couple of LEOs as relatives in KY. I've been stopped for speeding in both states and others. I find it is best to signal, pull over, hazard lights, roll down the window, both hands on top of the wheel, seat belt still fastened and when the officer asks for my Driver's license & registration I inform him I have a CCW and am armed, the location of the firearm and what would he like me to do. I follow his directions, never had a problem in either state nor have I been asked for my CCW. This seems to be what the KSP I know like, same for WV. Legal or not it makes them feel safe and me also.
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