I have covered this topic in a previous post but the post continues to be extremely popular and I get multiple direct and search hits every day on that post. So I figured I would post a follow-up to my previous open carry post with more information for a comprehensive open carry post.
Open carry simply means “openly carrying a firearm in public.” In the United States the laws concerning open carry vary from state to state. In Kentucky, open carry is permitted without a license or permit. Don’t get this confused with concealed carry where it is required to have a license. With open carry you can carry into any place of business (as long as it is not clearly posted that carrying is not allowed) with full protection under Kentucky Law. Of course you can’t carry into a bank or courthouse and a few other government buildings, but even those buildings are required to post that you aren’t allowed to carry so it’s always important to check if you are openly carrying a firearm.
Opencarry.org, a non-profit organization that lobbies for open carry rights in the US describe Kentucky as a “Gold Star” state for open carry. Their summary is as follows:
Kentucky is one of our “Gold Star” open carry states. There is complete state preemption of all firearms laws, open carry is constitutionally protected with court precedent and law enforcement is aware of its legality.
That’s right, open carry is protected under the state Constitution and we have the right to openly carry firearms legally. As stated above, a business has the right to prohibit guns from being carried into the store, whether openly or concealed. The flip side is that as a gun carrier, you can choose not to purchase the businesses goods or services.
In a vehicle it is legal to openly carry a firearm as long as it is in plain view or in the glove box. If it’s under the seat, or stashed away, it becomes concealed and at that point illegal if you don’t have a concealed weapons license. This is stated in KRS 527.020 and does not include a center console.
The Kentucky constitution has a strong preemptive gun law that prevents firearms from being locally regulated. This means that no local governments (city or county) can pass any law concerning gun rights that go against the Kentucky Constitution. The preemption law also applies to college campuses, but not public school systems (K-12). Federal law prohibits firearms on K-12 school property, but the laws regarding carry on college campuses in KY are left up to the policy of the individual college. If you plan on carrying on a college campus, make sure to check the school’s policies because most don’t allow it.
Unless posted by private businesses or companies, you can legally carry into a church, bar, restaurant, shopping center, mall, or supermarket. Opencarry.org’s slogan is “a right not exercised is a right lost.” This is very true. I know there are a lot of arguments against open carry, but I will not be going into those at this time. What I will say is that if we don’t show that responsible citizens can carry weapons openly then the public will continue to be scared and uneasy around someone carrying. The reality of the situation is that people would be safer, not less safe, if responsible people openly carried more. When you’re carrying openly you are the least likely person to be targeted for a crime. And if you’re in public, others around you are less likely to be targeted by a criminal. Criminals are weak and not looking for a fight. They prey on the weak and helpless, and anyone carrying a firearm is showing that their not helpless and ready to defend themselves.
Kentucky Constitution, Bill of Rights, Section I
All men are, by nature, free and equal, and have certain inherent and inalienable rights, among which may be reckoned: First: The right of enjoying and defending their lives and liberties. Seventh: The right to bear arms in defense of themselves and of the State, subject to the power of the General Assembly to enact laws to prevent persons from carrying concealed weapons.
If you plan on exercising your open carry rights, it’s important to be familiar with the law in case you get harassed by law enforcement. Kentucky law enforcement officials are suppose to be aware of the law and the open carry right, but it doesn’t stop people from getting harassed and sometimes jailed temporarily. Know your rights and watch the signs and you will be alright when openly carrying.
21 comments
Ken
May 15, 2009 at 7:42 am (UTC 0)
…see,i knew i liked Kentucky…
Crustyrusty
May 15, 2009 at 8:57 am (UTC 0)
It’s still hard to wrap my mind around this concept, being originally from the People’s Republik of Illinois.
Y’know, I’ve only seen open carry here a couple times, and I had to look really closely to notice it. The weapons appeared to be smaller 9mm or .380, in nice leather holsters that matched the belt.
matthiasj
May 15, 2009 at 12:25 pm (UTC 0)
See…it ain’t so bad Ken lol.
And Crusty, I have seen a few open carry and open carried myself and for the most part people seem to be okay with it. I would say Kentucky is pretty accepting of open carry.
matthiasj
Rand Paul for US Senate
Bullseye
May 16, 2009 at 3:35 am (UTC 0)
Great post man. I open carry all the time and I have educated a few folks on open carry during the process. They ask ” is that a real gun and is it loaded?” I just say “you bet your ass it is, I sure can’t throw it very far”. That leads to the whole open carry law and they are pretty happy to know they can carry in public. I have had many conversations like that and people are always surprised to learn the law. Good stuff buddy, thanks.
Bullseye
Code Name “Bullseye”
matthiasj
May 16, 2009 at 4:05 am (UTC 0)
Great to hear Bullseye…keep it up!
matthiasj
Rand Paul for US Senate
insidethebunker
June 18, 2009 at 4:02 am (UTC 0)
I'm having trouble finding the law that allows for open carry. I read thru some of the Ky State Statues and I find plenty on concelled carry but haven't found anything on open carry. Here is what I found http://www.lrc.state.ky.us/KRS/237-00/CHAPTER.HTM can you direct me to something specific?
Anonymous
July 27, 2009 at 4:15 am (UTC 0)
The reason that you cannot find any law pertaining to open carry is because there is none. If KRS is silent on a subject than it is permitted. After all, the purpose of law isn't to give us power to do something, it's to take something away.
Another note: I believe that it is LEGAL to carry in a bank but I believe it to be ILLEGAL to carry into a bar.
Anonymous
August 16, 2009 at 2:57 pm (UTC 0)
I carry open alot, but I also have a CCDW Permit. I have yet to be harrassed by police. I'm not saying it won't happen, because it could. If I did get approached about having my weapon visible, I'd simply show my CCDW permit. Also the Kentucky Revised Statute Doesn't say that you have to carry concealed if you have a permit, but it does say you must have a permit to carry concealed
David
August 20, 2009 at 1:46 am (UTC 0)
What city do you live in? I can guarantee in Louisville the police will find a reason/way to get you off the street. How do you handle that one?
Taylor H
August 21, 2009 at 5:10 am (UTC 0)
I live in the far west of KY and, sad to say, I've never seen anyone other than LEO's open carry. Still, it's good to know we have that right.
moonpie
September 20, 2009 at 6:32 am (UTC 0)
Humm, I always thought that open carry the weapon could not be loaded, which I thought was very stupid. It would be about like throwing you pistol at them. You positive you can open carry a loaded one?
Michael
matthiasj
September 22, 2009 at 6:11 pm (UTC 0)
Anon 7/26/09 11:15 PM – You're exactly right. There is no law that prohibits open carry so it is permitted. Also, it is NOT legal to carry into a bank. Check the sign on the front of your bank. Bars are legal, unless posted.
I am positive you can carry a loaded pistol in a secure holster. Police are "suppose" to be trained on Open Carry. If not you can direct them to the Kentucky Constitution. If they press the issue comply with them. No charges will be pressed and you will probably get a formal apology from the chief of police.
Anonymous
November 3, 2009 at 6:00 am (UTC 0)
so i got messed with today at dicks in lexington and asked to leave the store for oc-ing my .40 taurus but what if when you challenge the cops about how if krs dont mention it means you can do it.. and they say if it dont mention it then you cant do it.. cause your going to run into those god badge wearing police officers who like to make up there own laws.. what then? there needs to be a statute stating we are allowed specifically to open carry so people can shut there mouth.. also dicks did not have a sign out front saying anything about weapons.. the manager said it should be common knowledge not to bring it in the store.. this was right next to the fayette mall if your wondering..
Toni
November 7, 2009 at 1:38 am (UTC 0)
That sucks about Dick's in Lexington (hence the name lol). But, businesses do have the right to ask someone not to OC in their store among other things. I live in Louisville and I OC'd for the first time the other night at the strip mall on Bardstown Road and Hikes Lane. I went to the Chinese restaurant there with no problems. I then went over to Thorton's gas station where I pumped and paid outside with no issues. I'm planning on taking the Concealed Weapons course soon so I can OC with a jacket on (it's getting cold)and not break the law.
langzaiguy
January 30, 2010 at 1:40 pm (UTC 0)
It is NOT illegal to carry in a bank. It IS illegal to carry in a bar. Get your facts straight.
langzaiguy
January 30, 2010 at 1:45 pm (UTC 0)
The law, thankfully, only tells us what we cannot do, not what we CAN do. If challenged by an officer, you need to ask him to cite the KRS that says you cannot open carry–obviously there isn't one. You should have told the manager that it should be common knowledge that a person has a right to carry a gun–he of all people should know that considering that they sell them
james
February 21, 2010 at 1:13 am (UTC 0)
if you have a ccdw you can Not carry in the open in KY no part of the fire arm can be seen.. If you dont have a ccdw then you can only carry in the open
james
February 21, 2010 at 1:14 am (UTC 0)
I open carry in Louisville if someone complains they can arrest you for disorderly conduct but its not illegal to open carry
james
February 21, 2010 at 1:15 am (UTC 0)
yes it can be loaded in KY ksp to get more details
Ted
April 13, 2010 at 12:22 pm (UTC 0)
I am a ccdw instructor and it is illegal to carry a weapon in a bar or resturant that make more than 50% of their revenue from alcohol.
United Dental Center
November 18, 2010 at 9:22 am (UTC 0)
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