The Right to Self Defense Should Not Stop At Your Front Door
We Will Argue With the Government, So You Won't Have To
We Will Argue With the Government, So You Won't Have To
In 1995, a dedicated group of people came together with one goal. Their goal was to convince the Ky. General Assembly to permit the carrying of concealed weapons in Ky. In order to attain this goal, the Ky. Coalition to Carry Concealed was created. That organization is often referred to as KC3. In 1996, the General Assembly passed House Bill 40 which authorized the issuance of licenses to carry concealed deadly weapons by law abiding citizens of Ky. for the first time in over a century. The goal had been attained and many of those people left the organization.
Over the years, the organization has gone through many changes.The name was changed to Ky. Concealed Carry Coalition to reflect a new more diversified mission but still retain the old, familiar KC3 acronym. KC3 continues to advocate for the rights of all law-abiding Kentuckians to own possess and carry firearms in accordance with all laws and works to see less restrictive gun laws adopted.
Ky. Concealed Carry Coalition will work to advance the Right to Keep and Bear Arms in Ky. and advocate for lawful ownership and carrying of firearms by the residents of the Commonwealth, educate our members and others on the gun laws of the Commonwealth and insure that the citizens of Ky. are not deprived of their rights under the Ky. or Federal Constitution and the laws of the Commonwealth of KY.
UPDATE: The City of Pikeville has appealed this decision to the Ky. Supreme Court.
TOTAL VICTORY FOR KC3
KC3 is now 20-0 winning court cases against local governments that violate Ky. gun laws.
On Friday, December 3, 2021, the Ky. Court of Appeals issued an Opinion on the lawsuit between KC3 and City of Pikeville. This lawsuit was wrongly dismissed in Pike Circuit Court. The Opinion is:
REVERSING AND REMANDING
KC3 has now been named as the "prevailing party" in this lawsuit. This was the very best outcome that KC3 could ask for.
In short, the Court of Appeals has said that Pike Circuit Court was wrong to dismiss our suit, named KC3 as the "prevailing party" in the lawsuit, has pointed out the correct law to the Pike Circuit Judge and sent the case back to him for a proper decision consistent with their instructions. You can read the decision here:
If you would like to become part of the fight to protect gun rights in Ky., download the application by clicking below. Print the application, fill it out and mail to the address on the app.
KC3's lawsuit against Pikeville is in the final stages. Pikeville has filed their appeal and KC3 has filed our answer. Now, all that can be done is for both sides to wait for the Ky. Supreme Court to render an opinion. It has occurred to me that many KC3 members, others that are friends of KC3 and many that have not heard about this important decision that is coming and that will shape Ky. gun laws for many years into the future. I decided it was time to give everyone a brief history of this case and how and why it came
KC3 does not just file lawsuits against anybody that we find in violation of state gun laws. We always contact the people involved and give them a chance to comply voluntarily. We don't threaten them with lawsuits, but we might mention that we have done that with other cities and counties. They usually comply. I don't know how many of these we have done. When asked that question, I usually say "dozens" but I am tempted to say "hundreds" but can't furnish any proof of that number, so just use what I can prove.
KC3 and the City of Pikeville have had several disagreements over the years. Before KRS 65.870 was amended in 2012, we filed suit against Pikeville for a violation of the concealed carry law. KRS 237.115 gives city and county governments the authority to prohibit concealed weapons in buildings that are owned or occupied by that government. There are a few exceptions to that. A city or county may not prohibit concealed weapons in highways rest stop buildings or buildings used for public housing. Pikeville prohibited concealed weapons in their public housing, but only in the non-residential portions such as entrance lobbies, hallways and laundry rooms. In other words, you could carry a concealed weapon in Pikeville's public housing but there was no way for you to come and go with that weapon. After months of talking with city officials, it became apparent that the only way Pikeville would ever comply with the law was if we filed a lawsuit. That lawsuit was filed and few months later, before the case was scheduled for a hearing, Pikeville approached us with a settlement offer. They agreed to change their ordinance and pay all of KC3's expenses. We agreed.
There is a 7,000 seat arena in Pikeville. This arena is city-owned and city-operated.
We found rules on the website of the arena that prohibited all weapons from the arena and pictures of the same rules on signs posted at the arena were sent to us. Directly across the street ifrom the arena is City Park and all weapons are prohibited from that park as well as a building in the park that is rented for social occasions. Guns are prohibited from that building and the lease agreement for the building contains a clause where to lessee agrees to prohibit guns during the term their rental. On the other side of town is another city-owned park, Amos Park. Guns are also prohibited from that park and from an adjacent firefighting school and an RV park. The RV park has rules that prohibit all firearms from any vehicle in the park. Once again we talked to the city official before we acted. This was a new batch of city officials, but the same "no guns allowed" mentality. After a year of discussions, we filed our lawsuit in Pike Circuit Court in 2018. Not much happen for a long time. I know our attorney made at least two trips to Pikeville. We had very low expectations for success with our lawsuit in Pike Circuit Court. Our suit named the Mayor of Pikeville, all the City Commissioners and Arena officials as defendants. The Judge who had been selected to hear the case was a form
er Mayor of Pikeville and he dismissed our claims and awarded Summary Judgement in Pikeville's favor. In other words: we lost, without ever a word of testimony. We immediately appealed to the Ky. Court of Appeals. We were now in the middle of the Covid 19 Pandemic. The Courts were closed. In the beginning, only criminal cases were being heard. Finally, they started hearing cases with "Zoom" connections. Our case was heard and we won with a unanimous opinion and the ruling from Pike Circuit was reversed. Of course, we were very happy. KC3 had been totally vindicated. All of our assumptions about the law were realized.
Unfortunately, Pikeville refused to accept the verdict of the Court of Appeals and appealed to the Ky. Supreme Court. That appeal is very strange in that it seems to rely on only one law. There is no mention of any of the state laws involved in the case. The arena is not mentioned. Nothing about the parks or RV Center. Nothing about the Firefighting School. It appears that Pikeville has decided to put all its eggs in one basket. The only claim from Pikeville is that all of these places are within 1000 ft. of school property and the Federal Gun Free School Zone Act prohibits firearms in all of them. They make no mention of the fact that the GFSZA has several exceptions. One of those exceptions is that the law "does not apply" to persons with a valid concealed carry license issued by the state where the school is located. I find it hard to believe that the Ky. Supreme Court is going to disregard the "black letter law" in a federal statute and overturn the meaning completely. Time will tell, but I sleep well at night.
KC 3 continues to fight local governments that fail to follow Ky. state law about firearms. We have confronted dozens of local governments and convinced them to change their ordinances, policies and rules to conform to state law. KC3 has sued those local governments that refused to obey the law. KC3 currently has a lawsuit active in the courts against the City of Pikeville. KC3 now has a 18-0 record in court actions. If you know of any local government or government agency that has illegal policies or rules about guns, get in touch with KC3 and we will look into it and fight your local government so you won't have to.
Frequently Asked Questions (FAQ)
Q. Where can I find the new “constitutional carry” law?
A. 1. KRS 237.109 https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=48601
2. KRS 527.020 https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=48602
Q. What is the law on keeping a gun in my car?
A. 1. KRS 237.106 https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=11131
2. KRS 527.020(4) and again in Sub-Section(8) of the same statute
Q. Can I carry a gun on school property(K-12)?
A. KRS 527.070 https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=48602
Q. Can I carry a gun in a bar?
A. KRS 244.125 https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=43043
Q. Can I carry a concealed weapon into a restaurant that sells alcohol?
A. KRS 237.110(16)(e) https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=47039
Q. Can I carry on a college or University Campus?
A. KRS 237.115 (1) https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=48603
Q. Can the government confiscate guns or ban carry of guns during a declared emergency or natural disaster?
A. KRS 237.104 https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=11130
Q. Does a person have to be 21 years or older to possess a handgun?
A. KRS 527.100 https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=48602
Q. Can an adult that is also a student at a K-12 school keep a gun in his car?
A. KRS 527.070 (3) (a) https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=48899
Q. When is a gun considered “loaded”?
A. KRS 237.060(4) https://apps.legislature.ky.gov/law/statutes/stat ute.aspx?id=11123
Q. Can the County Sheriff or Chief of Police suspend or revoke my concealed carry license?
A. KRS 237.102 https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=11129
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