Reciprocity

Discussion in 'Concealed Carrying & Personal Protection' started by dragunovsks, Apr 11, 2013.

  1. dragunovsks

    dragunovsks New Member

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    So I found out yesterday that the neighboring town in Ky, has a new city ordiance that bars carrying a pistol. Btw, I live in Indiana and have a valid gun permit. I often visit this small Ky town because its closer to my house than the nearest town in Indiana plus gas there is usually 20 cents cheaper. My question is: Since Ky and In have reciprocity agreements wouldnt Ky state law trump the city ordinance?
     
  2. mountainman13

    mountainman13 New Member

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    Is that an argument you want to have with the police there?
     

  3. dragunovsks

    dragunovsks New Member

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    Brandenburg, Ky
     
  4. dragunovsks

    dragunovsks New Member

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    I never said I was going to test it. I dont know how long the ord has been in effect and have been carrying there for the last 6 years. Ive also seen others oc and cc there too.
     
  5. kytowboater

    kytowboater Active Member

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    Ky state constitution bars any town or city government from regulating firearms. Check it out. It's bs, you can sue the city government. New law passed in jan.
     
  6. kytowboater

    kytowboater Active Member

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    From kentucky.com




    The revision, which went into effect last month, was made to beef up a Kentucky law prohibiting a city, county or merged government from regulating firearms. It extended the reach of the old law to include more types of local governments and local government agencies, including Louisville's consolidated local government, that are barred from regulating firearms.

    Newly added types of government that may not regulate firearms include charter, county and consolidated local governments; special districts; and a local or regional public or quasi-public agency, board, commission, department or public corporation.

    Read more here: http://www.kentucky.com/2013/02/07/2507416/state-law-has-local-agencies-reviewing.html#storylink=cpy
     
  7. mountainman13

    mountainman13 New Member

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    Sounds like it is a new ordnance. I would assume it can be attributed to the mass shootings.
    In my experience state law tends not to trump these sort of things until proven to do so in court. I would check into the law, you may well be able to leave the gun (locked and unloaded) in the car or something to that effect.
     
  8. c3shooter

    c3shooter Administrator Staff Member

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    I am not a lawyer, and I did not stay at a Holiday Inn Express last night, but KY state law does not permit a city to regulate ownership or carrying of firearms. That is reserved to the state.

    http://www.handgunlaw.us/states/kentucky.pdf
     
  9. dragunovsks

    dragunovsks New Member

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    Thats what I thought
     
  10. Keets

    Keets New Member

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    Is there any new information on this ordinance in Brandenburg KY?
     
  11. kytowboater

    kytowboater Active Member

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    No city law or ordinance can trump state law.
     
  12. mountainman13

    mountainman13 New Member

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    While that may be true, good luck using that argument with the local pd.
     
  13. Keets

    Keets New Member

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    That is accurate but in this case after doing some digging, I just found an article talking about the ordinance being proposed in Brandenburg. As long as the ordinance deals only with banning the conceal carry of weapons in city buildings, it's completely legal.

    It's first reading was during the April 8th meeting. I haven't read the ordinance itself but from the general idea and comments made by the city attorney, they understand this. I would suggest someone get a copy of the ordinance to verify that it does not overstep its bounds by banning the open carry of weapons or banning the concealed carry of weapons on city property.

    Of course, I find the hole thing stupid because it just forces anyone entering into a city building to just tuck in their shirt or take off their coat. It won't prevent weapons from entering the buildings.
     
  14. GeneralPatton

    GeneralPatton New Member

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    Generally, as it was accepted for a very long time, was that laws are trumped in this order. 1) Federal 2) State 3) County 4) City
    Now, in the past 2, 3, and 4 couldn't trump 1. However, in recent times we've seen a large amount of State deciding to trump Federal, such as the original California medicinal pot laws, which I believe like 8 other states have joined in on. Technically, in those states it's still a Federal crime, which is the one carrying the most weight, however it seems the Fed has decided to look the other way, much how they do on illegal immigration.

    But I'm no lawyer. If it's city buildings only, then that means like the Admin building, police station, city owned utilities buildings (like water, sewer, electric, etc) But, also, if the info from the poster who said that KY law says no city can create an ordinance of that measure, then it sounds to be unenforceable. However, I wouldn't want to be the one to test the system and pay the attorney's fees.
     
  15. Squawk

    Squawk New Member

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    I believe the state can trump federal law if the federal law is deemed unconstitutional. But good luck getting that to fly.
     
  16. JonM

    JonM Moderator

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    We had this issue come up in wisconsin. Milwaukee madison and green bay lost millions in lawsuits when they arrested and confiscated guns of people open carrying. State constitution lays out that no city village town suburb county etc may make law counter to state law or state constitution.

    All three cities passed laws against open carry tried to enforce it and lost millions in lawsuits. This happened before our ccw law was passed.
     
  17. BeyondTheBox

    BeyondTheBox New Member

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    @GenPat

    Two local counties and the major cities within, here in Oregon, have produced their own municipality statutes which stand in opposition to state law allowing for loaded open carry without a concealed permit.

    I guess, having a permit myself, it doesn't bother me much. Though, admittedly, I am actually a proponent of requiring any handgun ownership to be predicated upon and require a CCP. I think that's all one should have to do, just once, in order to be deemed worthy of legal firearm(s) ownership. That way the state and fed can know who may own guns, but how many and which types is none of their business.

    Currently I have to go through a background check every gun I purchase, unless through a private party. I'm not to the point of paranoia that many in here are, not even close to it, but that doesn't mean I don't agree with their position.

    Anyway, I'm rambling and becoming tangential. It does seem odd how many steps backward we've been taking over the years. It's not like this was a sudden change from day to night. They've been weaning us off our 2nd for decades, slow and steady. I think that's what you were getting at, no?
     
  18. GeneralPatton

    GeneralPatton New Member

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    BTB I agree once is more than enough to prove your legality. Do you boy have a CCW? Here in GA once you have one, you don't have to do background checks anymore to buy. You still have to fill out the form 4473 but that's all purchasers regardless or permits.
     
  19. Keets

    Keets New Member

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    I found this thread because I live in the Meade Co. area and I heard Brandenburg Kentucky recently passed an ordinance for concealed carry. That peaked my interests.

    Kentucky law KRS 65.870 prevents anybody but the state from passing any laws, ordinances, or any other regulatory measure. However, in KRS 237.115, Kentucky gives permission for legislative bodies of a state, city, county, or urban-county to regulate conceal carry in very defined instances. As long as local governments follow the guidelines set forth in KRS 237.115, they are not in violation of KRS 65.870.