New KY Law To Allow Off-Duty Cops To Carry Concealed Weapons

[DeadeyeChrista'sdad]

We can also marry our first cousins. There's a complete ban in Kentucky....ironically.

Aww man! I'm gonna walk around laughing to myself all day now, and can't tell anyone why!

 

[BehindBlueI's]

Never said that, Off duty is off duty which is why one would be using LEOSA to carry.

LEOSA remains 100% irrelevant to this conversation, as it changes nothing about carrying on private property, carrying in areas locally prohibited such as bars, etc.

 

[in625shooter]

LEOSA remains 100% irrelevant to this conversation, as it changes nothing about carrying on private property, carrying in areas locally prohibited such as bars, etc.

True but it was sort of guided in between LEOSA off duty and when/if one was on duty/or official police business, only reason I interjected. Nothing to see here move along!

 

[Fargo]

LEOSA remains 100% irrelevant to this conversation, as it changes nothing about carrying on private property, carrying in areas locally prohibited such as bars, etc.

I may be wrong, but I believe LEOSA does preempt local municipal prohibitions. I just doesn't preempt restrictions by property owners, the Feds, or on govt property.

 

[BehindBlueI's]

I may be wrong, but I believe LEOSA does preempt local municipal prohibitions. I just doesn't preempt restrictions by property owners, the Feds, or on govt property.

NRA Law Enforcement Division|Off-limit Areas?

Explicitly written into the statute are several areas considered off-limits to those carrying under LEOSA, such as restrictions imposed by private persons or entities on the their property and those imposed on state or local government property, installations, buildings and parks. What is not included in the statute is where problems may arise.

From the code itself:

(b) This section shall not be construed to supersede or limit the laws of any State that--
(1) permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property; or
(2) prohibit or restrict the possession of firearms on any State or local government property, installation, building, base, or park.

 

[indiucky]

We can also marry our first cousins. There's a complete ban in Kentucky....ironically.

So that's why my people came to Indiana!!!!! Papaw said it was to "find work"...

 

[Fargo]

NRA Law Enforcement Division|Off-limit Areas?



From the code itself:

Yes, the quotes you posted say the same thing I am. A local ordinance on carry in bars is preempted by LEOSA. A local ordinance on .gov property like a park is not. A bar owners rules on carry are not.

 

[BehindBlueI's]

Yes, the quotes you posted say the same thing I am. A local ordinance on carry in bars is preempted by LEOSA. A local ordinance on .gov property like a park is not. A bar owners rules on carry are not.

I think you're right from a strict reading. I also am not confident that, depending on the jurisdiction, that's how it would be applied. I looked into a few years back for an out of town trip, saw it being argued both ways and ultimately asked for advice from two of our local prosecutors. The guidance I was given from both was, probably, but you may get to be the test case. As such, I treat LEOSA as not overriding prohibited places. Others are free to do as they wish, of course, and someone gets to make case law. It just won't be me.

 

[VERT]

Reminds me of the time my buddy who is a LEO in Indiana was fishing in Louisianna. Some type of local law enforcement did not like that he had a gun on him. Since water was involved I assume this had something to do with Corp of Engineers or other federal federal property. This predates some of the changes where people can now carry in a federal park or wildlife area. In IN he has always been good to go as he is a considered local law enforcement. Out of state is different. A disagreement about LEOSA ensued and eventually the supervisor and another department was called in. The whole thing was quickly forgotten but I think the first cop was probably in the right.

I am not a LEO but if I where I wouldn't risk carrying in prohibited places while out of state. A good example would be schools. Also my understanding is LEOSA does not trump a property owners right to not allow firearms.

 

[Fargo]

Reminds me of the time my buddy who is a LEO in Indiana was fishing in Louisianna. Some type of local law enforcement did not like that he had a gun on him. Since water was involved I assume this had something to do with Corp of Engineers or other federal federal property. This predates some of the changes where people can now carry in a federal park or wildlife area. In IN he has always been good to go as he is a considered local law enforcement. Out of state is different. A disagreement about LEOSA ensued and eventually the supervisor and another department was called in. The whole thing was quickly forgotten but I think the first cop was probably in the right.

I am not a LEO but if I where I wouldn't risk carrying in prohibited places while out of state. A good example would be schools. Also my understanding is LEOSA does not trump a property owners right to not allow firearms.

Schools are different as they are often .gov property and those that are not fall under the federal Gun Free School Zones Act which has different requirements. The law is very unclear on them and LEOSA.

 

[Dirtebiker]

Yes obviously you dont work 24/7 but you could scenario it to death. I always say off duty is off but let's throw this out there. Scenario 1 you work for an agency the REQUIRES you to carry off duty and extends your SOA to 24/7 or say a US Marshal 1811 with LEAP pay then no you could say not really ever off duty.

An undercover guy well they can go from working their leads to not to something happens they see to being back in role so there's that but being undercover if they are called on being armed and asked to leave can't very well say "I'm the 5-0 do you still want me to leave" etc.

Its ultimately I up to a local prosecutor but I don't have a LEO getting that much grief and if they did most probably aren't going to spit the property owner if they truly are on "their time" and even if it escalated to the local PD gets called I have it getting quashed way before that point.

Some might not agree buy just explaining what would probably play out IMHO.

Punctuation and proof read PLEASE!

 

[STEEL CORE]

Hope things get straightened out for my KY brethren, oh by the way if you get divorced in Kentucky, are you still legally brother and sister?

Uncle Daddy wants to know?

 

[chipbennett]

It truly surprises me that this is even a thing that needs legislating.
Only a complete dumbass is not grateful for the time an armed off duty officer spends in their establishment.

New Law To Allow Off-Duty Cops To Carry Concealed Weapons - LEX18.com | Continuous News and StormTracker Weather


Fixed link.

Why do off-duty police officers get to be a special class of citizen? Where is the Equal Protection of the Law for non-LEO, law-abiding citizens who also carry?

 

[BehindBlueI's]

Why do off-duty police officers get to be a special class of citizen? Where is the Equal Protection of the Law for non-LEO, law-abiding citizens who also carry?

Because cops are awesome. Now why does the pilot get to be a special of citizen and carry a gun on a plane plus get to fly it? Where's my equal protection?

 

[chipbennett]

Because cops are awesome. Now why does the pilot get to be a special of citizen and carry a gun on a plane plus get to fly it? Where's my equal protection?

I agree with you there, too; even if purple was implied.

 

[Timjoebillybob]

LEOSA doesn't permit carry in private establishments which ban guns. The KY law apparently does as it is in response to off duty officers being trespassed.

I'm not so sure of that. Here is the actual text of the law.

Off-duty peace officers authorized to do so by the government employing the officer
and retired peace officers certified under KRS 237.138 to 237.142 may carry concealed
firearms on or about their persons at all times and at any location within the
Commonwealth where an on-duty peace officer is permitted to carry firearms.

https://legiscan.com/KY/text/HB314/id/1361497

Can an on duty officer stay if the property owner doesn't wish them to if they aren't on official business? While the law may be in response to off duty officers told to disarm or leave, it doesn't at least to me remedy that.

KY is like Indiana unless something changed very recently. Once they ask you to leave, though, it's trespassing if you don't.

I'm assuming that applies to on-duty officers unless they are on official business that would over ride the owners wishes correct?

 

[Fargo]

I'm not so sure of that. Here is the actual text of the law.
https://legiscan.com/KY/text/HB314/id/1361497

Can an on duty officer stay if the property owner doesn't wish them to if they aren't on official business? While the law may be in response to off duty officers told to disarm or leave, it doesn't at least to me remedy that.



I'm assuming that applies to on-duty officers unless they are on official business that would over ride the owners wishes correct?

I don't know about KY law, but generally officers on official business don't have an automatic right to be on private property absent a warrant or other legal justification.

 

[BehindBlueI's]

I agree with you there, too; even if purple was implied.

What about flying it? Why, just because he has a "license" is he allowed in the air and I'm not? Where's my equal access to flying?

Cops aren't a "special class of citizen" because "cop" isn't a class...it's a job. Sometimes people's jobs, and the training, certifications, etc. that go with them, allow them to do things other people don't get to do. That may be fly a commercial airplane, cut a corpse open, or carry a gun in a certain place. The neat thing is you have equal access to becoming an LEO as anyone else, and I learned on INGO that only liberals whine about equal outcomes, it's equal opportunities that are what makes everything fair.

 

[vitamink]

We can also marry our first cousins. There's a complete ban in Kentucky....ironically.

Now you tell me. I can finally let my love blossom.

 

[jamil]

What about flying it? Why, just because he has a "license" is he allowed in the air and I'm not? Where's my equal access to flying?

Cops aren't a "special class of citizen" because "cop" isn't a class...it's a job. Sometimes people's jobs, and the training, certifications, etc. that go with them, allow them to do things other people don't get to do. That may be fly a commercial airplane, cut a corpse open, or carry a gun in a certain place. The neat thing is you have equal access to becoming an LEO as anyone else, and I learned on INGO that only liberals whine about equal outcomes, it's equal opportunities that are what makes everything fair.

Heh. This particular conversation can get into the weeds pretty quickly. I'm generally in favor of private parties getting to make their own rules. Airlines should get to decide who drives the plane and even who gets to carry guns. If you want to fly the plane, go obtain the proper training and credentials and apply for that job.

I have to admit I'm a bit conflicted about the new law. I support a business being able to set the rules about their own property. But I also think it's not right that cops, because of their department's rules requiring carry while off duty, would be barred from ever entering many businesses. I think if I were a cop in that situation, I'd just carry anyway and not mention who I worked for.