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Kentucky Law Enforcement Magazine Mentions Open Carry

KYGlockster

Activist Member
Joined
Dec 9, 2010
Messages
1,842
Location
Ashland, KY
I found this while reading through the latest issue of Kentucky Law Enforcement Magazine: https://docjt.ky.gov/Magazines/Issue 45/index.html#/78/zoomed It mentions open carry in Kentucky and gives links to information concerning our right to openly carry at the Department of Criminal Justice Training website. Go to page 78 and it is at the bottom of the page. The information they are speaking of can be found here: https://docjt.ky.gov/legal/documents/WhitePaperonOpenCarryandCarrying.pdf

I also found the following amusing: "...KRS 237.110 also lists the locations where a permit holder may not carry concealed, but again, does not clearly resolve the question of whether they may carry openly."
How is this not "clearly resolved?" The law does NOT state that we cannot carry openly in these places, so it is extremely clear that we CAN do so! Some of this article really disturbs me, but most of it is a good read.

This is a very interesting read, and is full of case law in Kentucky. I found it interesting, however, that Holland v. Commonwealth was not mentioned one time in the entire article.
 
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KYGlockster

Activist Member
Joined
Dec 9, 2010
Messages
1,842
Location
Ashland, KY
Thanks, for those links. They can be very useful. Holland v Commonwealth is not very well regarded amongst legal "experts". Not because of the outcome of the decision, but because it has several flaws and downright misstatements. It even contradicts itself. I think Justice Mormon was "past his prime" when he wrote the opinion, or maybe he'd had a few drinks that morning.

edit: I just finished reading all of this and I think its great. I'm saving this to my phone. One small disagreement with you. This says,
"...KRS 237.110 also lists the locations where a permit holder may not carry concealed, but again, (it) does not clearly resolve the question of whether they may carry openly." Parentheses are mine.

I agree 100%. KRS 237.110 does not resolve that issue. The Ky. constitution does.
Also, note that the picture accompanying this article is of a IWB holster. We've talked a lot about whether this was OC or CC. Looks like DOCJT thinks its OC.


Your right, I missed the "it." You would think the Constitution would be enough "resolve" on the issue, but I guess some people must SEE it in law or else they believe it is a gray area.

I too found it exciting that the picture they chose for the article was a picture of someone carrying IWB. I know everyone I work with reads this magazine monthly, so hopefully it gets around to plenty of peace officers in Kentucky.

It was an excellent read and I am glad I checked it out. I found it amusing that the very first time I read the magazine it had an article concerning open carry. I was also wondering if this could have been a result of Charley's incident. I noticed they stated that NO ONE should be charged with "disorderly conduct or menacing" unless their behavior supports the charge. This is exactly what he was charged with.
 
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