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Restaurant gun ban sign

This is a discussion on Restaurant gun ban sign within the CCW forums, part of the Armory category; The answer to your question for KY is in the last paragraph. This information is from: Kentucky State Police: Concealed Deadly Weapons A concealed firearm ...


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Old July 18th, 2014, 06:11 AM   #31
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The answer to your question for KY is in the last paragraph. This information is from:
Kentucky State Police: Concealed Deadly Weapons

A concealed firearm SHALL NOT be carried in the following places:

Police station or sheriff's office.
Detention facility, prison or jail.
Courthouse (Court of Justice, courtroom or court proceeding).
County, municipal, or special district governing body meetings.
Meeting of governing body of a county, municipality, or special district.
General Assembly session, including committee meetings.
Any portion of an establishment licensed to dispense beer or alcoholic beverages for consumption on the premises, which portion of the establishment is primarily devoted to that purpose.
Elementary or secondary school facilities (without the consent of school authorities).
Child-caring facilities, day care centers, or any certified family child care home.
Areas within an airport where restricted access is controlled by the inspection of persons or property.
Any place where federal law prohibits the carrying of a firearm.
In addition to the above restrictions, units of state and local governments and postsecondary education facilities (colleges, universities, technical schools and community colleges) have the authority to limit the carrying of concealed weapons on property owned or controlled by them (KRS 237.115). You should check with units of state and local government as well as postsecondary education facilities prior to carrying a concealed weapon on their property.

Also, KRS 527.070 prohibits unlawful possession (whether carried openly or concealed) of a weapon on school property, except for certain specified exceptions. KRS 244.125 prohibits loaded firearms (concealed or otherwise) in places where alcohol is sold by the drink, except for certain specified exceptions.

In addition, Kentucky law does not prohibit the owners of private premises from excluding persons carrying firearms. Failure to vacate private premises when asked to do so could result in a criminal trespass charge.

Last edited by Jaysq; July 18th, 2014 at 12:36 PM.
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Old July 18th, 2014, 10:39 AM   #32
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Originally Posted by Jaysq View Post
In addition, Kentucky law does not prohibit the owners of private premises from excluding persons carrying firearms. Failure to vacate private premises when asked to do so could result in a criminal trespass charge.
This would apply to anyone when asked to leave and refuses; it has nothing to do with firearms and signs banning them. THEREFORE, in Kentucky the signs themselves have NO force of law. Concealed is concealed.
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Old July 18th, 2014, 01:01 PM   #33
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Originally Posted by jasonuscg View Post
This would apply to anyone when asked to leave and refuses; it has nothing to do with firearms and signs banning them. THEREFORE, in Kentucky the signs themselves have NO force of law. Concealed is concealed.
I am not an attorney but to me, if the signs had no force of the law, they would not be able to ask you to leave because you had a gun.
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Old July 18th, 2014, 01:14 PM   #34
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I am not an attorney but to me, if the signs had no force of the law, they would not be able to ask you to leave because you had a gun.
The owner can ask you to leave at any time no matter what.
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Old July 18th, 2014, 01:50 PM   #35
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The OP asked what the law was in KY and I posted a direct quote from the State Police page.

This section tells me that an owner can exclude you if you are carrying. Everyone is welcome to interpret as they see fit.

"In addition, Kentucky law does not prohibit the owners of private premises from excluding persons carrying firearms. Failure to vacate private premises when asked to do so could result in a criminal trespass charge."
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Old July 18th, 2014, 04:16 PM   #36
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Quote:
Originally Posted by Jaysq View Post
The OP asked what the law was in KY and I posted a direct quote from the State Police page.

This section tells me that an owner can exclude you if you are carrying. Everyone is welcome to interpret as they see fit.

"In addition, Kentucky law does not prohibit the owners of private premises from excluding persons carrying firearms. Failure to vacate private premises when asked to do so could result in a criminal trespass charge."
I'm sorry, it isn't a criminal act to enter with a firearm into a business in KY that has gun ban signs. They aren't going to know, so how are they going to know to ask you to leave let alone call the law and ask you to leave in front of an officer?

KRS 237.110 (17)
http://www.lrc.ky.gov/statutes/statute.aspx?id=41878

Quote:
Carrying of a concealed weapon, or ammunition, or both in a location specified in this subsection by a license holder shall not be a criminal act but may subject the person to denial from the premises or removal from the premises, and, if an employee of an employer, disciplinary measures by the employer.
Also an officer must be present when someone is asked to leave and refuses to leave for criminal trespass to apply. Want me to cite that as well?

It helps to find out for oneself to know the law, especially when the state police website doesn't have it right themselves.


Last edited by jasonuscg; July 18th, 2014 at 04:20 PM.
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Old July 18th, 2014, 05:58 PM   #37
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I'm not sure why you are on my case about this???? The OP asked a question and all I did was to quote the State Police site. If you do not agree with the site or think it is incorrect I have no problem with that. Hopefully the OP will read your comments and do his own research.

If you disagree with my post, hopefully we can agree to disagree and go from there.

Last edited by Jaysq; July 19th, 2014 at 05:07 AM.
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Old July 20th, 2014, 12:50 PM   #38
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You know, there are a few bakeries around the country that are now being sued and put our of business for refusing to bake a cake for a same sex marriage. Seems that you can not discriminate no matter what your personal beliefs may be. Sort of makes you wonder if some law that is written regarding discrimination can make a business owner do something they don't want, or believe, they should do. Then it makes a lot more sense that the Second Amendment makes gun owners a protected class, and we are being discriminated against. If there are any lawyers that are a part of the group, would you be able to weigh in and tell me if my logic is off base?

I know that it would not go over well with the ruling political class to have to admit gun owners have as many rights as anyone else, but it would be an interesting argument.
I have been making this argument ever since the bakery case as well as those arguing against voter ID.

I have had debates with people who argue that requiring a person to show ID to vote violates their Constitutional right. That is when I counter with the fact that I am forced to show ID when I engage in my Constitutional right to buy a firearm, they usually stop responding.

It is interesting how some people will invoke the Constitution only when it suits them.
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Old July 20th, 2014, 02:07 PM   #39
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The simple answer to this kind of situation is simple, if they have a no guns sign on their door, they don't want my money.

So when I see a sign, I turn around and spend my money somewhere else.
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Old July 21st, 2014, 05:07 AM   #40
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There sign for tennessee is not a proper sign according to rules all they can do is ask you to leave but I choose never to go on there
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Old July 21st, 2014, 12:12 PM   #41
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Just looked up the "No Firearms Allowed" sign here in Arizona as well as the actual law's description.

According to the discription, "A person shall not carry a firearm on the licensed premises of an on-sale retailer if the licensee has posted the notice prescribed in subsection A of this section."

As many have said here, if the establishment has posted this at their front door, turn around and give your cash to a business that supports the constitution and all it stands for. That being said, the coceal carry laws in AZ also state that anyone who carries concealed WITH OUT a permit cannot carry into any establishment that serves alcohol. If one carries WITH a permit, one may carry into the establishment so long as alcohol is not consummed and the establishment does not have a sign posted on their front door.

Personal rule of thumb, if the place serves alcohol, I leave my weapon in the car whether im consumming or not. Makes it easier if I decide to have a drink any way.
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Old August 1st, 2014, 07:34 PM   #42
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A gun free zone. They are just asking for trouble. I wouldn't patronize that establishment because I wouldn't feel safe. Remember the Luby's massacre before concealed carry was allowed in Texas?
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Old August 2nd, 2014, 07:27 AM   #43
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You might want to give them a call and tell them why you won't be eating there...IE. you're afraid of gun-free zones because criminals won't be stopped by signs.
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Old August 2nd, 2014, 09:57 AM   #44
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Don't know if it's legal or not, but I would not eat there any more!
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Old August 6th, 2014, 06:19 PM   #45
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I called it the wrong name, Sorry, my mistake.it's actually Buffalo Wild Wings . You know, the black and yellow colored restaurant with the flying buffalo. Real famous place. Sorry for the mixup.

Tim
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