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House Bill 313

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House Bill 313

Post by Cratethis on March 17th 2011, 1:03 am



Kentucky: Compartment-Carry Bill Signed into Law Today by Governor Beshear



House Bill 313, sponsored by state Representative Will Coursey (D-6), will allow an individual to carry a loaded or unloaded firearm in an enclosed compartment originally installed by the manufacturer in a motor vehicle. The firearm will not be considered a concealed firearm under state law and the occupant will not need a concealed carry permit to transport a firearm in this manner. Previous law required a firearm to be stored in a glove compartment even though some vehicles do not come with one factory-installed.

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Re: House Bill 313

Post by RebStew on March 17th 2011, 3:18 am

This is for the console of most cars. The issue that some have had is that in Ky you can carry a loaded or unloaded firearm in the glovebox and it was legal. If that same gun was moved to a console then it became illegal. It didn't make a lot of sence the way it was written so I guess this takes care of that.
So one more for the good guys. You can now store your gun in the glovbox or your center console. Whatever you do don't stick your pistol under your seat. It is then considered concealed and you will go to jail. You can keep it in what was said above or in plain site meaning the dash. If I have my hog leg on me and it won't fit in the glovebox I toss it on the dash. Just make sure to tell the officer, if you get pulled over that you do have a legal firearm in your car, on the dash before he gets up to the window.
Keep an eye on the wording. Don't store your firearm in a home made console of your old work truck. The way it's worded is an "enclosed compartment originally installed by the manufacturer"

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Re: House Bill 313

Post by Kentucky Kid on March 17th 2011, 12:37 pm

Here's a little more reading on 313 and some related bills.
http://www.nraila.org/Legislation/Read.aspx?ID=6244

Will Coursey is a native to Marhsall County, grew up just a few miles from here. Heck of a good guy, country boy through and through. Heck, he's even been known to sing "Family Tradition" at a local karyoke night! My local supported his campaign, and I'm sure proud to see it paying off.
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Re: House Bill 313

Post by Roller Coaster on March 17th 2011, 12:59 pm

As a side note, if you Concealed Deadly Weapons License holder House Bill 313 does not affect your ability to carry in a vehicle.
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Re: House Bill 313

Post by Z-YOU on March 17th 2011, 2:35 pm

Persons like me need to parse the words in statutes, so let me confuse the matter even further for you.

The statute doesn't exactly say a weapon must be stored in an original equipment compartment, just that it must be a storage space REGULARLY installed as original equipment. Additionally, the wording is nebulous in that the container is not required to be one regularly installed in THE motor vehicle in question, but regularly installed in A motor vehicle by it's manufacturer. Maybe the word it's is the qualifier that might create limitations to the specific vehicle/make/model and whether or not the container had to be an option on a particular vehicle by it's manufacturer. It's unclear. Maybe the legislative record clarifies it and if so, that's what a court will look to. If not, defense lawyers and prosecutors will have to argue to a judge for him/her to determine the plain meaning of the words. To be absolutely on the safe side, I wouldn't put a weapon in a seat or door pocket or console or container in a vehicle in which that was not an option. On the other hand, I wouldn't admit guilt if I were in that situation. Bottom line is that while they deserve an 'A' for effort, this law is another example of a substandard work product eminating from a body of people pretty much unable to hit themselves in the a$$ with both hands. Hopefully it won't take long for there to be a published KY Appellate Ct. decision shedding some light on what it all really means.

The relevant section(s) of the bill adopted into law.

8. A loaded or unloaded firearm or other deadly weapon shall not be deemed concealed on or about the person if it is located in any enclosed container,[a glove] compartment, or storage space[regularly] installed as original equipment in a motor vehicle by its manufacturer, including but not limited to a glove compartment, center console, or seat pocket, regardless of whether said enclosed container, storage space, or compartment is locked, unlocked, or does not have a locking mechanism. No person or organization, public or private, shall prohibit a person from keeping a loaded or unloaded firearm or ammunition, or both, or other deadly weapon in a[ glove compartment of a] vehicle in accordance with the provisions of this subsection. Any attempt by a person or organization, public or private, to violate the provisions of this subsection may be the subject of an action for appropriate relief or for damages in a Circuit Court or District Court of competent jurisdiction. This subsection shall not apply to any person prohibited from possessing a firearm pursuant to KRS 527.040.
9. Carrying a concealed weapon is a Class A misdemeanor, unless the defendant has been previously convicted of a felony in which a deadly weapon was possessed, used, or displayed, in which case it is a Class D felony.
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Re: House Bill 313

Post by RebStew on March 17th 2011, 3:39 pm

Or as Greg said get your CCW and not worry about it. Very Happy

It is fun trying to figure out the wording of some laws they have on the books. I will still toss a pistol on the dash if I get stopped. My Ruger is not fun to wear in a car on a long trip. I'll keep it on the front seat if noone is in the car with me. If I was to get pulled over I slowly sit it up on the dash before the officer even gets close to my back bumper.

I have a good story about a cop asking me about my 9MM on the dash of my truck about 15 years ago but I can't say it on here. Maybe the next time we are in person talking firearms lol...

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Re: House Bill 313

Post by Cratethis on March 17th 2011, 5:41 pm

RebStew wrote:Or as Greg said get your CCW and not worry about it.
True.


Biggest point I was wanting to share was, now a days when so many of our freedoms are being takin away, it's nice to see some given back. Especially anything involving fire arms.
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Re: House Bill 313

Post by RebStew on March 18th 2011, 6:24 am

Very true! It never made sence to me anyway that you could have it in the glovebox but not in the console. It's almost the same anyway.

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Re: House Bill 313

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