Open Carry of a firearm in Newport

I know there are a few police officers that lurk on here so I'd like to see what everyone thinks and what PD thinks.
First off it is legal to carry a firearm open in Kentucky. It's the law. Most people are not aware of this but you can carry a side arm as long as it is in no shape or form concealed.
The problem is that many have been told in Newport that having a legal sidearm not concealed is not legal. When confronted with the Ky open carry law PD says that they will cite you for insighting panic. If you still refuse to take your side arm off and put it in your trunk or walk home and unstrap they have said that they will cite you up for failure to disburse and or insighting a panic.
So what does everyone think about this? While criminal are shoving guns in everyones faces here the last few months, should we have the right to protect ourselves? Insighting a panic?? I don't think so. When I carry open I see noone running from me or freaking out. Is it up to the officer to say if what I'm doing is insighting a panic? If that's the case if the officer walks into the projects and some hoods see the officer and they start freaking out because he's wearing a badge wouldn't that mean that the officer is insighting a panic??? He would be breaking the law. Right??
I just don't understand how Newport has the right to try to give a citation or worse go to jail for open carry when it's legal in Kentucky. Someone enlighted me please.

After reading your post, it appears you need to be enlightened on many things........

legal wrote:

I know there are a few police officers that lurk on here so I'd like to see what everyone thinks and what PD thinks.
First off it is legal to carry a firearm open in Kentucky. It's the law. Most people are not aware of this but you can carry a side arm as long as it is in no shape or form concealed.
The problem is that many have been told in Newport that having a legal sidearm not concealed is not legal. When confronted with the Ky open carry law PD says that they will cite you for insighting panic. If you still refuse to take your side arm off and put it in your trunk or walk home and unstrap they have said that they will cite you up for failure to disburse and or insighting a panic.
So what does everyone think about this? While criminal are shoving guns in everyones faces here the last few months, should we have the right to protect ourselves? Insighting a panic?? I don't think so. When I carry open I see noone running from me or freaking out. Is it up to the officer to say if what I'm doing is insighting a panic? If that's the case if the officer walks into the projects and some hoods see the officer and they start freaking out because he's wearing a badge wouldn't that mean that the officer is insighting a panic??? He would be breaking the law. Right??
I just don't understand how Newport has the right to try to give a citation or worse go to jail for open carry when it's legal in Kentucky. Someone enlighted me please.

Legal, all I can tell you is that I decided to attend the CCW class, received the certificate, and can carry legally without worry, I am asked to always conceal and not keep out in the open which at first I did not understand as I felt if weapon was visible that it would act as a deterent to being a victim of crime,but just the opposite is true, with weapon visible you are viewed as a trouble maker or even targeted by some who when testosterone kicks in want to challenge you or "dare" you, there seems to be more people out there to worry about than I realized. My advice is do it legal, take the course, take the training,conceal it for your protection and the protection of those morons you will run across everyday in life.

legal wrote:

I know there are a few police officers that lurk on here so I'd like to see what everyone thinks and what PD thinks.
First off it is legal to carry a firearm open in Kentucky. It's the law. Most people are not aware of this but you can carry a side arm as long as it is in no shape or form concealed.
The problem is that many have been told in Newport that having a legal sidearm not concealed is not legal. When confronted with the Ky open carry law PD says that they will cite you for insighting panic. If you still refuse to take your side arm off and put it in your trunk or walk home and unstrap they have said that they will cite you up for failure to disburse and or insighting a panic.
So what does everyone think about this? While criminal are shoving guns in everyones faces here the last few months, should we have the right to protect ourselves? Insighting a panic?? I don't think so. When I carry open I see noone running from me or freaking out. Is it up to the officer to say if what I'm doing is insighting a panic? If that's the case if the officer walks into the projects and some hoods see the officer and they start freaking out because he's wearing a badge wouldn't that mean that the officer is insighting a panic??? He would be breaking the law. Right??
I just don't understand how Newport has the right to try to give a citation or worse go to jail for open carry when it's legal in Kentucky. Someone enlighted me please.

Legal, I forgot 1 fact I wanted to say also, I am not a cop, I am 47 years old, I have 4 kids, Have never been in trouble with the law, I understand your desire to maintain your rights, I feel that we all have to diligence in protecting our rights but when it comes to carrying I truly believe their is a safe way and a wrong way, get the CCW you will be glad you did.

I have a CCW that is not what the problem is. Summer time it's hard to conceal a side arm. Winter is another story. A coat covers your side arm. Summer time I normally wear a t shirt. The issue I have is Newport trying to con someone or bully someone on untrue facts. Fact is, it is legal to open carry. It looks truely criminal to most when they see someone wearing a t shirt with the muzzle of the gun poking out the bottom of a t shirt. It looks like you are trying to hide it., which you are. A tucked in shirt on a well dressed person leaves less of a person thinking they are trying to hide a weapon for a criminal act. If I choose to walk to a corner store in the middle of summer to buy a pop after dark I should be able to carry open without PD trying to toss me in jail or cite me when I am legal to carry. People have been being robbed at gun point in record numbers. PD is down playing the issue and you don't hear much about it unless you have connection. We have a right to protect ourselves without fear of PD stepping in to try to unlawfully make you stop carry open fireams.
I truely understand what both of you are saying but it's not really the point. No matter what someone prefers, you have that right to think the way you do it is not illigal. So why should I be in fear from my police dept.

Arms bearer wrote:

After reading your post, it appears you need to be enlightened on many things........

I'm all ears and would love to hear what you have to say.

On another note that some may not be aware of. It's nice to have a CCW but fact is and it's looking good so far that Kentucky will not need a CCW permit. There is a new house bill 113 that is re wording the CCW laws and if it passes you will not be required to have a CCW Permit. info below

It may be coming true!

SUPPORT HB 113 - http://www.lrc.ky.gov/record/11RS/HB113.htm

Rep. Mike Harmon from Danville, the sponsor of this new concealed carry bill, recently met with members of Take Back Kentucky, Campaign for Liberty and OpenCarry.org , and they fixed the language in the bill. The concerns we had with the bill were not intentional. They were mostly legalese. This is a good bill, and would add Kentucky to Vermont, Alaska, and Arizona as states that do not require a state issued license to practice the fundamental and unalienable right to keep and bear arms, regardless of whether a weapon is openly carried or concealed. We'd keep our existing concealed carry license for those who wanted reciprocity to carry concealed in other states.

It's time for the calls to flood into the Capitol to support HB 113.

Call the Legislative Message line in Frankfort: 1-800-372-7181 (Until 11 PM! No excuses!)

The first Message is for YOUR representative, the House leadership, and the House Judiciary Committee: "Please support our Second Amendment Rights and pass HB 113; the Concealed Carry Bill"

Second Message: Thank representative Mike Harmon for sponsoring HB 113

BTW - Mike Harmon is the running mate of Phil Moffett, a pro-liberty (pro-2A!) candidate for governor in 2011.
http://www.PhilMoffett.com

BTW#2 - I'll have a table at the Lexington Gun Show on February 19th and 20th, promoting HB 113, the Kentucky Firearms Freedom Act, and Phil Moffett for governor. Come on by and say hi!

http://www.lrc.ky.gov/record/11RS/HB113.htm

I heard it was legal to carry a shoulder fired surface to air missile, as long as it's not concealed. It really scares 'dem criminals!

Arms bearer wrote:

I heard it was legal to carry a shoulder fired surface to air missile, as long as it's not concealed. It really scares 'dem criminals!

I see no amusement given by your post. If you want to have a serious conversation about the topic at hand you should add something constructive. If you are here for your own amusement, go back to playing Play Station or whatever you do.
I feel we should have the right to protect our selves and our families. Carrying open would do that and it's legal to do so in Ky. I'm just wondering why Newport would try to overrdie a state law.
Kentucky is a 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. Or in this case should be aware.

Here's a revelation, why don't you actually go ASK the Newport Police about this, rather than whine on the internet.
I don't like PlayStation, I'd rather poke fun at internet warriors like you.
Why don't you go back to watching infowars and other conspriracy based sources of information.
If it was me, I'd just protect myself and family and worry about other things later.

Move to Arizona if you don't like the way you and your firearm are treated in Kentucky, mainly Newport. No conceal carry permit needed and open carry is legal. They just recently made it illegal to take guns in to court houses and city buildings...

You want self protection and to be able to protect your family, you say, then that’s fine. But, that’s not what you are arguing. You are saying that to accomplish this, the weapon must be visible, and I say no it does not. You can achieve these goals without showing the gun to everybody else, can't you? And that’s all you want to do here, is to show off and justify it with "your rihgts." Get the permit, conceal the thing as best you can, and you will be following the law, protecting yourself, and if need be, your family as you say. And this summer time accuse thing is crap too, you can get any t-shirt long enough to do the job, but first you have to get a self-protective size weapon, not the biggest cannon you can find. Use some common sense here and your goals and rights will be achieved and preserved. Outside your home, you have to consider the rest of us, not just you and your family. Newport is doing exactly what they should, preserving the peace and looking out for the many, not just the few, or the one.

true wrote:

<quoted text>I see no amusement given by your post. If you want to have a serious conversation about the topic at hand you should add something constructive. If you are here for your own amusement, go back to playing Play Station or whatever you do.
I feel we should have the right to protect our selves and our families. Carrying open would do that and it's legal to do so in Ky. I'm just wondering why Newport would try to overrdie a state law.
Kentucky is a 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. Or in this case should be aware.

Think of the publics need wrote:

You want self protection and to be able to protect your family, you say, then that’s fine. But, that’s not what you are arguing. You are saying that to accomplish this, the weapon must be visible, and I say no it does not. You can achieve these goals without showing the gun to everybody else, can't you? And that’s all you want to do here, is to show off and justify it with "your rihgts." Get the permit, conceal the thing as best you can, and you will be following the law, protecting yourself, and if need be, your family as you say. And this summer time accuse thing is crap too, you can get any t-shirt long enough to do the job, but first you have to get a self-protective size weapon, not the biggest cannon you can find. Use some common sense here and your goals and rights will be achieved and preserved. Outside your home, you have to consider the rest of us, not just you and your family. Newport is doing exactly what they should, preserving the peace and looking out for the many, not just the few, or the one.
<quoted text>

I pretty much agree with this post but really was not aware that Ky even had an open carry type law until I read these post. I as an inividual will fight to maintain my right to own and possess a weapon capable of deadly force in the interest of protection of my self, my family and my property but as this post suggest I personally do not feel the need to display it to everyone.However seems like a "catch 22" if I have a CCW permit I must conceal it or face legal action. But if I choose not to obtain permit and training I am not allow to conceal it and must disclose it when asked by police. Very confusing to me,law needs some work in my opinion

Thank you for agreeing with me, but Ky. does not allow people to display firearms openly under normal conditions. This guy is mistaken and confusing the bear word’s meaning. Search the Second Amendment and it explains it further that it was meant as to mean "have" not “expose to view.” In the case below, you can see a portion of what was said:

“Ogles v. Commonwealth, Ky., 11 S.W. 816 (1889). Certainly, the English common-law tradition from which our legal heritage derives did not accord to the individual an absolute right to bear arms openly.”

In another case "Holland" the court stated:

“In our state the legislature is empowered only to deny to citizens the right to carry concealed weapons. The constitutional provision is an affirmation of the faith that all men have the inherent right to arm themselves in the defense of themselves and of the state. The only limitation concerns the mode of carrying such instruments.” And of course, the state can restrict this further by law or city ordinance. You should always remember that any of our rights can be altered or restricted, with "due process of law."

The issue is not having, owning, or possessing weapons, but hiding them from view on your person; whether in or out of public places. The court here is agreeing that we have a right to own and possess weapons and nobody is denying that, but the key words are absolute and they are not absolute rights, and there are no right to conceal them without a permit, and no right to display them openly. My question is not whether you can legally, but why would you want or need to anyway? Having one hidden is just as good as having one, isn’t it?

Your last post is wrong. It is leagl to carry open in Kentucky.
I think some may be reading into this too much. I'm not a young kid trying to show off carrying and open firearm. I'm an older man that has a CCW Permit. I have carried for many years and had my first gun before I could drive. Hunting, sport shooting ect. The 3rd to last post was saying to buy a longer T shirt. I'm 6'3 and a big guy. They don't make shirts that fit me well as it is. If they did make an extra long shirt I still wouldn't wear it. I don't wear t shirts down to my rear end like one of these hip hop kids. Even if I did it wouldn't look right. I like to dress nice and tuck my shirt in.
You also said not to carry some huge gun. For a carry gun I use a med/ frame 357. It's not a huge gun like a 44 but a nice weapon that can drop a 250 pound man with one shot. Self defence is only good if it works. If a man tried to rob me and he had a gun of any kind and I had a 22 or 25 I wouldn't waist my time pulling mine. All it would do is cause me to get shot. I want something that will drop someone if God forbid that time ever came. My carry gun is a little thicker than most 9MM but the size is the same. Really the size of what one carries has no issue here anyways.
I am by no means trying to say Newport Police is doing a bad job. I have a ton of respect for PD. The problem is they can't be every where at once. You can't depend on the police to protect you from everything. You have to be able to protect yourself from harm if that time ever happens.
You say I need to "consider the rest of you, not just me and my family"? How would you or your family have any conflict of my wearing a sidearm unless you tried to take my life? Having legally owned gun owners carrying open should make anyone feel safer. If you are having dinner out and you see a police officer in the parking lot or eating does it make you feel a little safer? Yes it does. You know that criminals are less likely to try to rob you with him there. Same goes for armed citizens. If a crack head walks into Kroger looking to steal a purse he's going to be less likely to do it if he's see's 1 or 2 people carrying an open firearm and unless he's nuts he's not going to try to rob the person that has a firearm even if he has one himself.
I think what some are forgetting is IT IS LEGAL TO CARRY OPEN IN KY. People that worry about seeing open carries are the problem when they freak out thinking the worse. If we lived in a crime free world I could understand their thoughts. But we don't. What is more strange is that everyone comes into contact with people every day that are carrying a firearm. 99% of the time concealed. I would hate to know what the percentage is that carry concealed that are criminals. Criminals don't carry open. They hide their guns and if time comes they will rob shoot and kill you for pocket change.
We should have the right in Newport to carry open without PD saying we can't. We should have the right to protact ourselves if we need to. If PD happens across someone carrying open I could see them asking for their ID to make sure they are legal. But trying to disarm a citizen that is constitutionally protected and legal to carry open in Ky shouldn't happen. The inducing panic charge or whatever they would cite or arrest you for would be tossed out of court. The problem is who wants to sit in a holding cell or call off work to go to court to defend their rights that you know you have.

1)The legality of open carry is black and white, plain and simple. In Kentucky, you may do whatever you want, provided it's not against the law. Open carry is not against the law.
2)The state legislature can only regulate concealed carry, not open carry as it is constitutionally protected.
3)You don't HAVE to carry concealed if you have your conceal-carry license.
4)What is not black and white is what weapon to carry and how to carry it. If you want to CC all the time, or OC all the time--it's none of my business (or the government's).

Langzaiguy wrote:

1)The legality of open carry is black and white, plain and simple. In Kentucky, you may do whatever you want, provided it's not against the law. Open carry is not against the law.
2)The state legislature can only regulate concealed carry, not open carry as it is constitutionally protected.
3)You don't HAVE to carry concealed if you have your conceal-carry license.
4)What is not black and white is what weapon to carry and how to carry it. If you want to CC all the time, or OC all the time--it's none of my business (or the government's).

You are correct it is totally legal to carry a firearm out in the open, yet it is not leagal to induce panic or make another feel unsafe while you do it. It fits the charge of Disorderly Conduct. And time you incite public alarm you can be charged with DC. Now lets dont compare yourself to a Police Officer. Police Officers have several hours of training not only to use a Firearm but when it is legal to use deadly force. People get robbed every day in every city across the United States. But that dont mean you need to carry a gun out in the open. Police Officers are trained and encouraged to not even wear Tshirts that say Police on them while not on duty. It tends to make them targets to THAT GUY that wants to challenge them. Law Enforcement Officers carry concealed all summer long, but you dont see any off duty carrying in the open. The real truth is that most that want to carry outside in the open are people trying to show that they can just do it..... Keep in mind DC fits you to a T. If you really want to know what flies and what dont speak to your County Attorney. He will clear this up for you. Just put it away and you wont have a problem.

525.060 Disorderly conduct in the second degree.
(1) A person is guilty of disorderly conduct in the second degree when in a public place and with intent to cause public inconvenience, annoyance, or alarm, or wantonly creating a risk thereof, he:
(a) Engages in fighting or in violent, tumultuous, or threatening behavior;
(b) Makes unreasonable noise;
(c) Refuses to obey an official order to disperse issued to maintain public safety in dangerous proximity to a fire, hazard, or other emergency; or
(d) Creates a hazardous or physically offensive condition by any act that serves no legitimate purpose.
(2) Disorderly conduct in the second degree is a Class B misdemeanor

Lawman wrote:

<quoted text>You are correct it is totally legal to carry a firearm out in the open, yet it is not leagal to induce panic or make another feel unsafe while you do it. It fits the charge of Disorderly Conduct. And time you incite public alarm you can be charged with DC. Now lets dont compare yourself to a Police Officer. Police Officers have several hours of training not only to use a Firearm but when it is legal to use deadly force. People get robbed every day in every city across the United States. But that dont mean you need to carry a gun out in the open. Police Officers are trained and encouraged to not even wear Tshirts that say Police on them while not on duty. It tends to make them targets to THAT GUY that wants to challenge them. Law Enforcement Officers carry concealed all summer long, but you dont see any off duty carrying in the open. The real truth is that most that want to carry outside in the open are people trying to show that they can just do it..... Keep in mind DC fits you to a T. If you really want to know what flies and what dont speak to your County Attorney. He will clear this up for you. Just put it away and you wont have a problem.
525.060 Disorderly conduct in the second degree.
(1) A person is guilty of disorderly conduct in the second degree to cause public inconvenience, annoyance, or alarm, or wantonly creating a risk thereof, he:
(a) Engages in fighting or in violent, tumultuous, or threatening behavior;
(b) Makes unreasonable noise;
(c) Refuses to obey an official order to disperse issued to maintain public safety in dangerous proximity to a fire, hazard, or other emergency; or
(d) Creates a hazardous or physically offensive condition by any act that serves no legitimate purpose.
(2) Disorderly conduct in the second degree is a Class B misdemeanor

"when in a public place and with intent"
There you go. When I venture out with an exposed firearm it is NOT with intent to cause public inconvenience, annoyance, or alarm, or wantonly creating a risk thereof.

Also, most police officers in this area do not carry their weapons when not working. The majority find it an inconvenience.

Most police officers that I know shoot and train less than my non law enforcement friends that carry.

And back to the main point here. It is legal to carry openly in Kentucky and an individual police agency does not have the authority to say otherwise. I have lived in Kentucky about 30 years. In that time traveling around the state I have been to areas in which people routinely carry openly.

Personally, if I were ever charge with one of these charges I would file a civil rights lawsuit in federal court and also sue the agency for failure to train.

Well Lawman, please tell me you are a LEO and where you work. The arrest you make for Disorderly Conduct while I am open carrying would be great. We call that the Kentucky Lottery. The Commonwealth Attorney General has a memo out on that charge and says with distinction that would be an illegal arrest. Making you and the Commonwealth and the city you serve available to lawsuit under 42USC1983. The key word is intent. You must have intent to cause. Carrying a firearm openly can not be intent, because it is a legal practice. I carry openly because I choose too. Not because of any other reason. It's more comfortable, easier access. If it was bad, why do police do it. I can tell you for comfort and ease of access.

Just for the record I was not trying to compare myself to a Police Officer. Just using that as a reference to someone being armed in a public place. But even with that my training I have had would more than likely be above what most officers have done. I'll leave it at that. No disrespect to any officers or the one posting but some times what you think and the facts are two different things.

This conversation is completely null and void in regards to OC being unlawful or LEOs arresting you legally.

Lawman, you don't know what your talking about. You have to read that statue in it's entirety, not piecemeal.

525.060 Disorderly conduct in the second degree.
(1) A person is guilty of disorderly conduct in the second degree when in a public place and with intent to cause public inconvenience, annoyance, or alarm, or wantonly creating a risk thereof, he:
(a) Engages in fighting or in violent, tumultuous, or threatening behavior;

Simply carrying a firearm is NOT threatening behavior. Now waving it around at people would be, that's brandishing. So the brandishing charge wouldn't work either...because you have to be waving it around, it can even be in your hand as long as it's pointed at the ground.

(b) Makes unreasonable noise;
(c) Refuses to obey an official order to disperse issued to maintain public safety in dangerous proximity to a fire, hazard, or other emergency; or

Unless your in close proximity to a fire, hazard or an emergency, the officer cannot legally tell you to disperse.

(d) Creates a hazardous or physically offensive condition by any act that serves no legitimate purpose.

Carrying a firearm serves the legitimate purpose of self defense, period, end of story.

Now, lets add to this that 42USC1983 also makes it a civil offense in federal court for a LEO to deprive you of a constitutionally protected right and throw in that OC is a constitutionally protected right in the Kentucky Constitution and you should start to see just how powerless they really are to tell you to do anything with your legally carried firearm. Literally, they would be PERSONALLY liable in a civil suit.

Now let me back this up by saying that I've had 4 encounters with LE and each and every time, because I know what I'm talking about, they backed off and really just made themselves look ignorant of the laws that they are paid to enforce.

LE will LIE to you to get you to do what they want you to do, plain and simple. But when you know the laws and you can cite them, their eyes glaze over.

Now don't take this as disrespect for LE, actually I have a great respect for LEOs...when they perform their duties within the scope of their authority. When they try to overstep those boundaries, I'll respectfully put them right in their place.

I have OCed for over two years now, I do it every day and I've ran across LE that saw me and said nothing, because those particular ones knew the law.

Now if you or anyone here thinks that I don't know what I'm talking about, pony up some gas money and I'll drive up there and walk past the PD, through the town, go shopping and just generally make myself available for them to try and tell me I have to put my gun away or face a citation.

Because one of two things is going to happen, either;

A) They'll try and I'll inform them and they will go away or;

B) They'll foolishly cite me and I'll get paid in a civil suit that will come out of that officers pocket, not his departments.

Any takers?