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Kentucky vehicle open carry

Discussion in 'Legal' started by chris in va, Jun 29, 2009.

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  1. chris in va

    chris in va Member

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    I posted this on other forums, and I'll ask here too.

    Please, does anyone know for SURE if I'm allowed to keep my pistol openly visible while driving my car? On the seat, between the console and seat, etc.

    Citing official references is a big help, I need something printable.
     
  2. NavyLCDR

    NavyLCDR member

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    Dude, I posted the statute for you! :D
     
  3. NavyLCDR

    NavyLCDR member

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    The law in question is:
    http://www.lrc.ky.gov/KRS/527-00/020.PDF

    subsection (8).

    Subsection (8) contains NO REQUIREMENTS. It only contains an EXCEPTION to concealed carry without a license.

     
  4. kentucky bucky

    kentucky bucky Member

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    Open carry means open carry, even in a vehicle. if it's in plain view, you're OK. The glove box is OK too.
     
  5. El Hombre

    El Hombre Member

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    Please note!!!

    In Kentucky, glove box is OK, but center console is not!! EVEN if you have a CCW license!

    There was a receint challange to this that failed. Center console is NOT a glovebox.

    Also under the seat is a no-no.
     
  6. IMFoghorn

    IMFoghorn Member

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    El Hombre, how recent is this challenge. I took a CCW class a few months ago and no mention was made about not using the center console if you had a CCW. The glove box is OK with or without a CCW. Thanks for any more recent info.
     
  7. El Hombre

    El Hombre Member

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    Actually was in 2006 Time flies!

    State Statute:

    527.020 Carrying concealed deadly weapon.
    (8) A firearm or other deadly weapon shall not be deemed concealed on or about the person if it is located in a glove compartment, regularly installed in a motor vehicle by its manufacturer, regardless of whether said 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
    firearm or ammunition, or both, or other deadly weapon in a glove compartment of 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.
    9/21/06 KY Supreme Court ruled that the console in a vehicle is not the same as the Glove
    Compartment. They ruled a Glove Compartment is installed in the dash of a vehicle.


    See Below for KY Supreme Court Decision:

    http://162.114.92.72/Opinions/2004-SC-000875-DG.pdf

    In a nutshell:

    After careful review, we affirm the decision of the Court of Appeals finding that
    the exception in KRS 527.020(8) plainly and unambiguously applies only to regular,
    factory-installed glove compartments, and not to any other compartments inside a
    vehicle.
     
  8. IMFoghorn

    IMFoghorn Member

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    Thank you El Hombre, I see that, without a CCW you may carry deadly weapon in the factory installed glove compartment but not in a center console. We went over this point pretty well in a CCW class in late winter/early spring 09. I seem to remember that these restrictions do not apply if you have a CCW. I don't see anything in the Supreme Court decision you sited that would restrict a CCW holder from using the center console. I may have missed something. I'll be in town later in the week. I'll ask the sheriff (he gives the CCW classes here)while I am there. Thanks again for your reply. I need to get this straight as the center console is pretty handy but I sure don't want to be breaking the law.
     
  9. KyJim

    KyJim Member

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    I've answered your question in another forum. I would suggest you call the Kentucky Attorney General's Office. They may or may not answer your question (they are under no obligation to do so). 502-696-5300.
     
  10. El Hombre

    El Hombre Member

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    I believe this restriction DOES still apply, even if you have a CCW license.
    I read an Attorney General opinion on this that stated so, I will try to find and post a link here.
     
    Last edited: Jul 1, 2009
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