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Old 12-30-2013, 07:48 AM   #1
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Default New member question: Regarding Michael Mitchell v University of kentucky, a

Hi guys, Im looking at purchasing a shotgun in order to shoot trap, but live at a university. Last year there was a case in the Kentucky courts about possessing firearms in a vehicle on campus (Obviously you cant take them out of the vehicle- as doing so would be incredibly stupid). The link to the appealate case is here: http://opinions.kycourts.net/sc/2010-SC-000762-TG.pdf

I notice in there it mostly refers to CCW, and as I am not yet 21, and thus unable to posses a CCW permit, and wish to shoot at ranges down here in Louisville, I wish to keep the firearm unloaded, bolt open, safety on, in a locked gun case, or partially disassembled in a carrying case in my trunk. As the trunk of the vehicle is a "Manufacturer installed storage compartment", and the weapon is not a handgun, would it still fall under the appellate ruling? If so, what would be the best way to go about this, should I inform campus PD of my decision and provide legal documentation of my lawful owning of the gun, or would it be better to simply keep documentation, and keep it in the trunk. I would love to store it, but since I live at the dorm, and my parents and most of my friends living at home are two hours away, and my parents have a no firearms policy inside their walls, what would be the best solution? I am a relatively new shooter, and just want the ability to readily practice at a nearby range with my own firearm.

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Old 12-30-2013, 08:02 AM   #2
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A local attorney with some relevant 2A experience under his belt is the guy you need to talk to. An hour of a lawyers time is cheaper and a lot less stressful than looking at the world from the inside of a jail cell.

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Old 12-30-2013, 08:04 AM   #3
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I would assume the same laws apply in Kentucky as they do here in Pennsylvania at universities. You cannot have with no exception a firearm on school property. Even if its taken apart. Having it in your possession on grounds is a really bad idea. Try leaving it at a friends or family members off campus. It could go very bad for you if you get caught with it or transporting it on school property if your living there.

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Old 12-30-2013, 08:05 AM   #4
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Quote:
Originally Posted by RJMercer
A local attorney with some relevant 2A experience under his belt is the guy you need to talk to. An hour of a lawyers time is cheaper and a lot less stressful than looking at the world from the inside of a jail cell.
I second this. As I said in my post "I assume" I'm not positive so take everything law wise on here with a grain of salt. Best to ask someone with a law degree specializing in second amendment
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Old 12-30-2013, 08:06 AM   #5
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Thanks, I mean, even if its allowed, I have a feeling the campus pd wont respect that. I can temporarily store it at a friends house, but only for a few days. As someone who only in the past few months began shooting, and finally decided to take the leap into ownership (Im buying an 870 express magnum), I wanted to make sure the experience is as positive as possible, and keep my skills fresh, which would ideally mean that I could go to the range weekly or biweekly without having to drive two hours one way, as gas is extremely expensive when you get 15 mpg.

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Old 12-30-2013, 09:37 AM   #6
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Does your school have a shooting or skeet club? If so I would guess they have a locked storage area. Ask about joining the club.

As far as talking to the campus PD, you might want to reconsider your approach. Never tell an officer what you are going to do unless he/she asks. Ask them what you are allowed to do, and be prepared to show proof of ownership.

I would strongly advise that you do not have the firearm in the car when you visit the PD, but be able to get it within a reasonable amount of time. When you do present it to them for inspection and verification have it secured in a case, and have at least a trigger lock installed. This shows them that you take firearms safety seriously. First impressions go a long way.

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Old 12-30-2013, 09:51 AM   #7
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Thanks doc! I actually before I read your post found a copy of the university Deadly weapons policy at http://louisville.edu/police/deadly-weapons-policy . It appears that under the exemption d, I am allowed to posess a firearm "openly" in a case in the car, but obviously should be cautious. Seeing as this document was from the campus departments website, and cites the proper KRS subsections, went ahead and submitted an email to the department, which read as follows:

*
Name
James ****
Your E-Mail Address
james*********@gmail.com
Phone
******0585
Comments
In regards to KRS 527.020(8), KRS 237.106, and the deadly weapons policy pdf exemption (d), as well as Mitchell V UK. According to the DWP, and KRS 527.020(8) cited in the DWP, an exemption is made for a firearm stored "open", such as in a manufacturer installed compartment. The list of allowable installed compartments include the center console, glove compartment, any seat with the exception of concealed beneath, as well as the trunk correct? Can a firearm with trigger lock, safety engaged, unloaded, and locked in a gun case stored in the former "manufacturer installed compartments" be kept in a campus parking lot in a locked vehicle persuant to the DWP exemption d, and the appealate resolution of Mitchell v uk for the purposes of storage and transit to and from legal range sporting events without fear of prosecution under KRS 527, a class d felony. The precautions are obviously important, as it is a difficult subject to talk about, due to animosity from some people, and were I to purchase a legal firearm as planned, I wish to understand the restrictions and exemptions fully and completely, as well as cater to any requests your department would have regarding safe storage of such an item. I am legally permitted to purchase and own a firearm in the state of Kentucky, have no criminal record or indication of such, and wish only to safely store a firearm(in order to transport it to and from events at local ranges. The firearm in question would likely be a Remington 870 express with the minimum ammo capacity magazine tube installed, and no ammunition stored in the vehicle whilst on public university grounds. I would also under any potential requests be more than willing to register the serial no. with your department, as well as discuss alternate nearby(within 10 miles ideally, as my family lives almost two hours north of louisville) storage arrangements if your department could assist with that. I would also be willing to remove the magazine tube completely during storage, as well as the carrier group, which would render the item in question completely inoperable until reassembled at a range. Finally, I wish to make clear, at this time I do NOT possess the firearm listed above, but am considering purchasing it for trap shooting and hunting,, and would be absolutely willing to register it upon purchase with your department. Any assistance your department could provide pursuant to the cases above and my concerns would be greatly appreciated. I look forward to hearing from you regarding the potential options under the DWP, and hope your entire department enjoyed your holidays with your families. James ***
*

When i get a reply, I will for sure transport it locked and in a case. I really enjoy shooting, and after years of playing way too many video games and fidgeting around inside, I found a hobby I'm passionate about, and am definitely excited to exercise my rights in a responsible manner. I take firearm safety very seriously, and although I'm a relatively new shooter, I dont want anything negative to happen, and want to especially be a positive example for my fellow americans in regards to firearms ownership.

Also, should I have the police department notarize that they inspected it and that it is in fact legal and store that with the firearm?

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Old 12-30-2013, 09:55 AM   #8
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If they give you paper on this just having it on a department letter head should be okay. Don't push your luck with them by asking them to notarize it, but if they offer, accept.

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Old 12-30-2013, 10:00 AM   #9
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Thanks again for the fast reply doc, you've really helped me put this in perspective. Would a soft case/trigger lock be sufficient for now?

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