Concealed carry at the fair

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irishrob
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Concealed carry at the fair

Post by irishrob » Thu Aug 15, 2013 7:13 pm

Can you carry at the fairgrounds/fair. Wasn't sure since they have gun shows there.
Daughter has CCDW & asked. I wasn't sure since it's been years since I've gone.

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Re: Concealed carry at the fair

Post by ssracer » Thu Aug 15, 2013 8:06 pm

This comes up every year. All I'll say is I always do.

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Re: Concealed carry at the fair

Post by Toddinlou » Thu Aug 15, 2013 8:25 pm

Concealed means concealed.
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Re: Concealed carry at the fair

Post by Frailer » Thu Aug 15, 2013 8:35 pm

Here's the law:

http://www.lrc.ky.gov/kar/303/001/041.htm

As has been said, concealed is concealed.

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Re: Concealed carry at the fair

Post by Wyldman » Thu Aug 15, 2013 8:35 pm

Toddinlou wrote:Concealed means concealed.
Yup.
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Re: Concealed carry at the fair

Post by ChopperDoc » Thu Aug 15, 2013 10:46 pm

I think the Indy State fair is over, but it is specifically prohibited at the State Fair in Indy it is not a dress code policy, like what we have here.
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Re: Concealed carry at the fair

Post by Joe » Fri Aug 16, 2013 6:59 am

It is not enforced and is illegal for the fair board to ban all guns. I open carried the last time I was on the fair grounds. They MAY be able to ban concealed carry in the buildings but not outdoors. They can not ban open carry in the buildings. If a building is leased to a private organization that organization may be able to ban firearm on the portion of the building they have leased.

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Re: Concealed carry at the fair

Post by irishrob » Fri Aug 16, 2013 7:38 am

Thanks all. Found out she is not so worried about carrying at the fair but has tickets for a concert & was worried about them using metal detectors like at other concerts. She knows someone who works concert security & is going to ask them.

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Re: Concealed carry at the fair

Post by Joe » Fri Aug 16, 2013 8:17 am

I dont care for the fair and havent been to it in years but my wife enjoys seeing the animals(yeah I know she has got me but). I think that we may go Sunday and if I do I will be open carrying. KAC shirt or RWI shirt.

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Re: Concealed carry at the fair

Post by GlockRacer » Fri Aug 16, 2013 1:42 pm

I carry EVERYWHERE.

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Re: Concealed carry at the fair

Post by Dustin » Fri Aug 16, 2013 2:06 pm

GlockRacer wrote:I carry EVERYWHERE.
I dont own a gun.
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Re: Concealed carry at the fair

Post by GlockRacer » Fri Aug 16, 2013 2:33 pm

Dustin wrote:
GlockRacer wrote:I carry EVERYWHERE.
I dont own a gun.
Oh boy.

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Re: Concealed carry at the fair

Post by ssracer » Fri Aug 16, 2013 2:39 pm

Dustin wrote:
GlockRacer wrote:I carry EVERYWHERE.
I dont own a gun.
Damn boating accidents

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Re: Concealed carry at the fair

Post by Frailer » Fri Aug 16, 2013 7:30 pm

Joe wrote:It is not enforced and is illegal for the fair board to ban all guns. I open carried the last time I was on the fair grounds. They MAY be able to ban concealed carry in the buildings but not outdoors. They can not ban open carry in the buildings. If a building is leased to a private organization that organization may be able to ban firearm on the portion of the building they have leased.
Understand the "it is not enforced" part, but I don't understand why you think they can't ban open carry indoors.

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Re: Concealed carry at the fair

Post by Joe » Sat Aug 17, 2013 6:34 am

The Kentucky constitution only gives the legislative branch of ore government the power to control concealed carry not open carry. The state also has laws stating that no government agency of any kind has the right to enact gun laws. That is why this past Monday when I went to get the tags for my car I open carried into the county clerks office even though they have a sign prohibiting concealed carry.There are very few places in Kentucky that you cannot open carry. You must remember though that a persons property right trumps your open carry right. I open carry just about everywhere I go now. I have a concealed carry permit but I had a cop here in the neighborhood didnt like me have a concealed weapon so I bet he really likes it in the open now.

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Re: Concealed carry at the fair

Post by Frailer » Sat Aug 17, 2013 11:32 am

I hear what you're saying, and I agree that open carry is specifically protected by our state constitution, but the law exists, unconstitutional though it might be.

This isn't the only such law, of course. For example, open carry in KY schools should be permissible for CCDW holders, since such persons are exempted from the federal Gun-Free School Zones Act, right?

Can we open carry in schools?

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Re: Concealed carry at the fair

Post by drifter0069 » Sat Aug 17, 2013 7:22 pm

The law banning firearms in the fairgrounds was overturned earlier this year I believe. If it was private property, they could post a sign, and be done. But since it is owned by the city, they cannot pass laws forbidding open carry. It was on WDRB earlier this year. They can restrict concealed carry, but not open.

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Re: Concealed carry at the fair

Post by drifter0069 » Sat Aug 17, 2013 7:33 pm

http://m.usatoday.com/article/news/1863437
Here is an article about the laws that were overturned. Not the one I mentioned earlier, still looking for that.

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Re: Concealed carry at the fair

Post by Joe » Sun Aug 18, 2013 12:35 am

The CCDW exempts you from the 1000 ft federal gun free school zone. No one except on duty police officers can carry a gun on k thru 12 school grounds open or concealed. You may have a gun in your car as long as it does not leave your vehicle. There may be a couple more exceptions but I cant remember right now.
http://www.lrc.ky.gov/Statutes/statute.aspx?id=40556
This is what was passed last year and now is being enforced. I know Louisville and Lexington have been sued this year and have settled. They had to pay the legal fees plus change their laws or restrictions.

If you are walking down any street within 1000ft of a K thru 12 school while carrying a firearm and you do not have a CCDW permit you are in violation of the Federal Gun Free School Zone. It may not be enforced but the law is there and can be used against you. I dont know if a local officer can detain you for this federal law or not but a federal officer can FBI DOJ and the like can.

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Re: Concealed carry at the fair

Post by Frailer » Sun Aug 18, 2013 11:26 am

Joe wrote:The CCDW exempts you from the 1000 ft federal gun free school zone. No one except on duty police officers can carry a gun on k thru 12 school grounds open or concealed. You may have a gun in your car as long as it does not leave your vehicle. There may be a couple more exceptions but I cant remember right now.
http://www.lrc.ky.gov/Statutes/statute.aspx?id=40556
This is what was passed last year and now is being enforced. I know Louisville and Lexington have been sued this year and have settled. They had to pay the legal fees plus change their laws or restrictions.

If you are walking down any street within 1000ft of a K thru 12 school while carrying a firearm and you do not have a CCDW permit you are in violation of the Federal Gun Free School Zone. It may not be enforced but the law is there and can be used against you. I dont know if a local officer can detain you for this federal law or not but a federal officer can FBI DOJ and the like can.
You can't open carry (nor carry concealed) on school grounds because it is specifically prohibited by state law, even though a CCDW exempts you from the Gun-Free School Zones Act. In states which do not have such laws (Alabama, for example) residents with concealed carry permits can carry on school grounds.

Likewise, carrying a firearm in buildings operated by the fair board is specifically prohibited by state law.

The recently-passed law cited does not countermand either law. Both laws run counter to our state bill of rights; nevertheless, they exist.

Which leads me back to the original question: how is carrying openly at the fair legal? If the state constitution is what empowers me to do so, why can't I openly carry on school grounds under this same authority?

I'm sincerely not trying to be argumentative; I'm just trying to get to the truth of the matter.

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Re: Concealed carry at the fair

Post by Joe » Sun Aug 18, 2013 12:06 pm

The state fair board is repealing their KAR that restricts gun carry. This was not a state law KRS. There is a state law KRS against carrying on school grounds. This is bullstuff as you should be able to carry anywhere but the law is there and is enforced. I dont think you are being argumentative we are just having a discussion. There is a websight I have done some reading trying to learn what I can and cannot do. I will send you a PM on one place that I read. I am not a member there but it has the answer to your question. Cant endorse other boards on this board.

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Re: Concealed carry at the fair

Post by Frailer » Sun Aug 18, 2013 12:47 pm

Joe wrote:The state fair board is repealing their KAR that restricts gun carry. This was not a state law KRS...
Now *that* answers my question.

I was under the mistaken impression that it was a KRS; many thanks.

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Re: Concealed carry at the fair

Post by Joe » Mon Aug 19, 2013 8:45 am

I went to the fair yesterday. I open carried my pistol. I was told by two rent a cops that I couldn't carry. I did anyway. I passed by at least two Kentucky State police that had to see my pistol and they paid no attention to me. The first one worked for Veterans Security and was directing traffic he said you cant be carrying that on your hip and I said yes I can he said ok in a you will see voice. About fifty yards latter I walk right in front of a KSP officer sitting in a golf cart. He said nothing and didn't appear to pay any attention to me. This was right there by the South wing. Later as we we walking around the midway 3 Jefferson Special rent a cops passed by me. One told me I could not have the pistol. I told him that I could. He noticed the knife in a sheath on the other side and ask if that was a Buck knife. I said yes and went on my way. A few minutes later another KSP trooper came walking close by me but didn't appear to pay any attention. A while later while my wife and i were talking she told me that she had thought that the rental cops had sent the trooper after me and that one of the rentals had told the one that was harassing me to leave me alone as I wasn't doing anything wrong. I guess he knew the law. My daughter and her boyfriend were with us also.

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Re: Concealed carry at the fair

Post by ChopperDoc » Thu Aug 14, 2014 4:13 pm

SeymourSkinner wrote:Necrobump


So is concealed carry no good at the fair?


And not the macho concealed is concealed. :). The real answer please.

can you find a place it is a prohibited place in the KRS?
KRS.JPG
KRS.JPG (110.45 KiB) Viewed 1085 times
The fair board had a KAR (I think it was repealed), a Kentucky Administration Regulation, that allowed them to set the 'dress code' at events. This could include the prohibition of concealed carry. But there are no legal penalties associated with the KAR, only the KRS, so the most they could do would be to ask you to leave. Similar to the private property signs at BW3's.

Hope this helps.
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Re: Concealed carry at the fair

Post by ChopperDoc » Thu Aug 14, 2014 4:19 pm

Here is a rather lengthy, but good, read about the fight over this issue a few years back.

http://forum.opencarry.org/forums/showt ... -Buildings
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