Kentucky Constitutional Carry – The Legal Brief
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Kentucky Constitutional Carry – The Legal Brief

August 25, 2019


Welcome back to The Legal Brief, the show
where we CRUSH the various legal myths and misinformation surrounding various areas of
the gun world. I’m your host Adam Kraut and today we’re heading
down to the bluegrass state to talk about its recently passed constitutional carry. Now before we get started, let’s talk about
what constitutional carry actually means. Generally, when referring to constitutional
carry, people mean the ability to carry a firearm, either openly or concealed, without
having to obtain a permit from the state. Sometimes it’s referred to as permitless carry. It’s kind of a reference to your constitutional
right to bear arms without needing permission from the government if you will. Constitutional carry has grown in popularity
over the past few years and has been found introduced in legislation all over the country. Last month, Kentucky Governor Matt Bevin signed
SB 150 into law, making Kentucky the 16th state to allow constitutional carry. Prior to Governor Bevin signing the bill into
law, Kentuckians could lawfully open carry a firearm without a permit but were required
to obtain one if they wished to conceal carry. The new law added the following language “Persons
age twenty-one or older, and otherwise able to lawfully possess a firearm, may carry concealed
firearms or other concealed deadly weapons without a license in the same locations as
persons with valid licenses issued under [Kentucky law].” However, as you probably guessed, that isn’t
without limitation. SB 150 also added language to make it clear
that the law did not allow for the carrying or possession of a firearm or other deadly
weapon in any place prohibited by federal law. The restrictions imposed on Kentuckians, as
to locations they could lawfully carry within the state also remained. While constitutional carry allows for anyone
who is not prohibited from obtaining a concealed deadly weapons permit to carry without one,
the law surrounding the process to obtain a permit has not been struck. This is not without good reason. For those who travel, reciprocity is something
that a number of us look to. A lot of times, states require that individuals
have a valid, issued permit from the state in which they reside in order to carry in
the state being visited. So for now, Kentuckians may want to get a
permit, at least if they plan on leaving the state and carrying in another. So, if you’re 21 or older and living in Kentucky,
you no longer need to obtain a permit in order to lawfully concealed carry within the state,
assuming you would be eligible to receive a permit. However, any state or federal restrictions
that exist in relation to where you can carry or possess a firearm still remain. And that makes me wonder, what does the TGC
audience, you guys, think about constitutional carry? Is this something that should be reserved
to the states or should the federal government address the issue in some fashion? Let me know in the comments below. That’s it for this episode, if you have learned
anything from this show, help us out and hit that like button, and share it with your friends. Don’t forget to get subscribed and if you
enjoyed the video, consider supporting us via the links down in the video description. and as always, thanks for watching!

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  1. Yo Adam kraut the Yankee Marshal wants you to define why your running to become a NRA board member he had some good points that I myself would love to hear your views on love the channel hope to see you over on the Yankee marshals channel

  2. While I do believe that constitutional carry whether open or concealed should be legal across the entire country, I feel that it will, and should, we remain a state issue until it is legalized across the nation. Anything done by the government can be undone by the government, and if Big Brother steps in and makes any legislation you can guaran-damn-tee that somebody's going to come along and try and undo it later. Plus I don't think there are enough members of congress with the balls to support any bill that does otherwise anyway and they've already shown they're more than happy to try and strip people their gun rights in the name of safety so let's not give them any more ammunition.

  3. Because the Second Amendment codifies all Americans natural right to bear arms, constitutional carry should not be a states rights issue and should exist in all US territories, districts, states and protectorates, without exception.

  4. I think constitutional carry should be legal everywhere. But i would rather see the states all do it alone. It seems like he feds mess thins up when they are involved. Dreaming i guess. Too damn bad the government has to be involved at all

  5. The states and fed already came to an accord on this matter, and they labeled it the second amendment. Now unfortunately, sly politicians, the media, and cultural influencers writ large have made it seem that is not the case, and now laws that read, and I quote, "no seriously we really mean the right to keep and BEAR arms" are necessary to protect our rights to do just that. A federal mandate would make things easier faster, especially influencing those right-denying stronghold states, but could also be more quickly overturned when those in power change. Thus state solutions are probably best in this case.

  6. Constitutional Carry is the true meaning of "bear arms" in the second amendment. I once hunted in Montana and that was the way they saw it back in the 90's; that the second amendment was your carry permit. The ability to keep and bear arms is a right given to us by God. The second amendment merely acknowledges this fact. No person nor government can take away what God has given us. And if we are to honestly believe in this than we must also recognize that it applies to all people no matter what. Nowhere in the second amendment does it say there are any qualifying conditions or disqualifying conditions for one to exercise their God given right. In fact the only condition for this right is for us to exist. Originally if a criminal committed a crime he lost his rights but when he served his time or as they use to say paid his debt to society his rights were restored. If people don't want criminals to be able to have guns then they need to change the language in the second amendment or shoot the criminal dead in the act. Likewise all forms of controlling guns, such as permits, the NFA, background checks, restrictions etc. are just as unconstitutional. We have allowed the true intent of our God given right to be slowly eroded until it is almost gone. We've allowed feel good infractions such as disqualifying factors to water down our freedoms until we hardly recognize what true freedom is. There is no right that we have that cannot be abused but that doesn't mean we deny rights. People can indeed be evil and it will be this way until the Lord returns and puts an end to sin, but until then we have to take the good with the bad.

  7. I'm suspicious of nationalizing gun policy. I would love to see no federal regulations on firearms at all.

    Having national constitutional carry opens the door for 1 wrong election to eliminate concealed carry nationally.

    I support federalism here.

  8. Under the 2nd, yes it should be the federal standard. With current politics, I'd be happy to see more states go to the dual permitless allowed but permits available system.

  9. Big Kudos Kentucky. Unfortunately here in Texas we have a sad, spineless, POS Speaker of the House by the name of Dennis Bonnen who effectively killed any chance of a vote for Constitutional carry in our state.

  10. Adam!! don't you realize the second already makes that the law of the land!!!!! what do you think that keep and bear arms and shall not be infringed  means???the last time I checked the dictionary bear meant CARRY!!!!!!!

  11. The second amendment clearly says “the people”.
    It’s kind of hard to interpret that any other way than nationwide.

  12. All 50 states should have this. Plus, where does it say in the 2nd Amendment a person has to be 21 to keep and bear arms? hmmm that be nowhere….age discrimination at its finest and should be unconstitutional as well…..

  13. It would be great to have national constitutional carry but I'm afraid that if the federal government was involved it would be weighted down with restrictions and other government imposed B.S. it would be a pain in the ass to exercise the right.

  14. Greetings from Kentucky: Our Permit-less carry takes affect on 7/1 of this year and allows residents to carry concealed w/o having had an iota of training in the Kentucky Revised Statues or even rudimentary gun knowledge. Permit-less carry is fine but there needs to be some basic conditions to receiving it.

  15. It is scary when you talk about letting the government rule over our rights. That said, I do feel that there needs to be a law federally that simplified and makes constitutional carry and reciprocity laws nationwide. It’s ridiculous that a lawful gun owner can become a felon only due to the fact they did not learn of a new law of the week in the state they do not reside, and even in a state they do!!!

  16. …. so rolling back statutes to a time when it was in fact, and at law, constitutional to roll strapped on the low?..

  17. What worries me is Constitutional Carry or HR 38 gets in and the fed's forces the shits states like mine (NJ) to let carry, what happens when another a$$ hat gets in the WH and flicks the switch. Can that flip the whole US to NO CARRY in one swoop of the pen? 🤔🤷‍♂️

  18. Washington state is now almost as draconian as California.
    Constitutional carry will never happen here. Sad buy true.

  19. If I come in the us for a shooting class (I'm from Belgium) in a constitutional carry state, Can I carry a pistol in that state? Of course the gun is legaly own in my contry and also legaly imported.

  20. In theory, Constitutional carry would be awesome at the Federal level. Unfortunately, a lot of anti-gun states would place a ton of onerous restrictions on it if it were ever passed.

  21. These laws are good in effect but still misguided. If the State “allows” Constitutional carry then it’s not Constitutional. These laws should provide, not that a person may carry, but that a person’s right to carry is recognized, that prior State infringements were unlawful, and that no State agency may take enforcement action against a person (not prohibited from possession for proper reasons) for carrying. Otherwise they are still taking the position that our rights come from them, from government.

  22. it actually is the law of the land and not just for law abiding citizens as per the u.s. constitution. no where in the constitution does it say you can deny a persons rights for any reason. history is ripen with examples of the governments infringements on rights by creating laws with the stroke of a pen. no one gave them this authority, they just assumed it. rights cannot be taken by popular vote either. the government first and successful attempt at infringing on the rights of the people happened in 1934 with their federal firearms act and ever since then the government has infringed on that right little at a time using common sense legislation which the people allowed but was none the less illegal. the danger in this thinking as we have seen is not they use the excuse to further their infringement with the new purposed laws of including misdemeanors of domestic violence. once accepted by the sheeple will expand to other misdemeanors and minor crimes… this is why the law says shall not be infringed, the founders knew how the sheeple would fall for their so called common sense legislation to take the liberties that the bill of rights does not allow them to take. the bill of rights was written by the people to inform the governments of what they may no legislate laws against. when a person is charged in a state or federal court is released, their rights are restored lest you open the door to tyranny by legislation. there are only 2 legal ways to take a persons rights, one is to arrest them and put them in prison, the other is to execute them for treason or murder. these are the only 2 legal ways. stop being sheeple and me too fools and allowing them to take your rights. a good man no matter what he was ever charged with and may i remind you today you can be falsely charged many are who never commit a serious crime again, can be harboring any kind of weapons who would never use them to commit a crime against another person, and i know some. actually to take a persons rights for life for any reason is to declare that person a none citizen of the united states. these laws banning firearms for any one are illegal and a very slippery constitutional slope.

  23. First no state or Federal Government should nor do they have any right to pass an infringement allowing or restrictioning, because "SHALL NOT BE INFRINGED" means you have the right to bear arms wherever you want.

  24. There's the constitutional argument that I think will go in circles. What I do feel about the licensing process is that it offers education (you should leave your class knowing where the prohibited areas are) and there is at least a rudimentary marksmanship test so there's a bare minimum proficiency with your handgun. It also brings me comfort that people who do take a CHL/LTC class are at least putting thoughts into carrying and general preparedness.

  25. The 2A states "keep and bear" which in modern language would be "own and carry". Why have the states been allowed to restrict "the right of the people to keep and bear arms" when the 2A continues with "shall not be infringed"? And, why do we need/want the Feds to pass a law to make it legal to exercise your 2A right? If they can pass a law to make exercising a right legal, what would stop them from passing one to make it illegal, just as the states have done?

    I don't believe we need more laws. What we need is to repeal the unconstitutional ones.

  26. Constitutional Carry should be passed for the whole country, so no state could deny our right to carry as states like California, New York, and Illinois (and others) do by limiting to where almost no one has the option!

  27. In the writings of our Founding Fathers, they unanimously considered Open Carry as a Constitutional right so, protected under 2A. However, many Founding Fathers considered Concealed Carry for rogue and scoundrels while a man of integrity would only Open Carry. They did not declare a ban on Conceal Carry but was construed as nefarious. Today, Conceal Carry Permits are considered a legal compromise for communities who wanted to restrict Open Carry but allow for those who can legally own a gun to only carry as concealed within the general public. This has always been controversial, a big constitutional gray area but this compromise was never strongly argued until recently.

  28. The 2nd Amendment says the right to keep and bear shall not be infringed. Period.

    The 10th Amendment says “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” That pretty much denies any government, either federal, state or local that power.

  29. I agree Constitutional Carry should be nationwide. I can't remember which state it was, and what it was actually called, but there used to be somewhere that had Constitutional Woods Carry. If you were hiking, hunting, fishing, walking, camping, target shooting, etc…you could conceal carry without a permit during said activity. That's a good stepping stone anyway. My state has permitless open carry, but sometimes I wish I didn't have to advertise the damn thing.

  30. Wild west meets midwest…. let's all open carry like the old days. We need it. It will keep extreme arguments that heighten to violence, void. If I see a 45 on your waist, I'll simply tell you it was your fault for running the red light… instead of freaking out, making a scene, and embarrassing you, to a point you want to freak out as well. It is a judgement call. It will make insurance go down… like cheaper. What's a dent? Why you on the floor crying like your neck is hurt, when I just barely scratched the paint. Alot of fraud happens. Dont be a victim. Vote open carry, so when you see what they are packing and what you are packing, respect occurs instead of disrespect. Nobody wants to die. Everyone want to get rich. Those that work hard should get rich, not those that cry it's not fair and I got a scratch. I've seem men loose arms, and back to work they go, once patched up. No need to to pay for someone elses stupidity or their poor judgment. Life goes on. Be real and respect people. If you get hurt, shake it off and keep moving. Life lesson. Don't fold to con artist. They are criminals the same.

  31. if a state wants to ban "assault religions" like islam can it? of course not! that idea may save lives and make cowards feel safer but "the free practice there of" is protected by the 1st amendment of the constitution, the highest law in the land! and the 2nd amendment protects the right of the people to bear arms even if the fed, state, judges or civilians don't like people bearing arms. don't like the constitution? get out!

  32. Here's a legal question: Bill Maher, popular "comedian", speaks out against AR15s, yet advocates his right to CCW handguns. He smokes Marijuanna on air and advocates for it… When filling out an ATF background check form, is he lying or is the ATF allowing him to bypass laws because he's a celebrity? Just curious of all people, why he hasn't been arrested.

  33. I would be happy about this as a Kentuckian but then I realized that this isn’t national law :/. I not a fan of a bigger national government but when it comes to protecting our constitutional rights, a line is crossed where something needs to happen either by a court or legislation.

  34. We already have a law for Constitutional carry, it's referred to as the Second Amendment to the United States Constitution. Apparently Politicians, and Appointed Officials, especially on the Left, are allowed to decide which Constitutional, or Federal Laws they want to follow. These Politicians and Appointed Officials are not held accountable for Treason to the Constitution and Federal Law.

  35. I would have cared more about constitutional carry if permits were not so easy to get. Now that we have it I hope they don’t take it away

  36. Constitutional carry should be allowed in all 50 states and US territories. Our right shall not be infringed!

  37. I think Missouri is the opposite. AFAIK we can concealed carry with no permit, to open carry we need a concealed carry permit.

  38. It's all about our Second Amendment rights not to be infringed what did they understand about that. Government roll has got in to big it's supposed be small and protecting us with a large army the states individually or supposed to be self-governed the people are supposed to be self-governed and the police are supposed to help and everybody's supposed to be well-armed that means we have what the military has.

  39. Know it's not going to happen, but Constitutional carry should be a Federal law and all state laws limiting the carrying of handguns by anyone not barred from legally prohibited from possessing one should be struck down as unconstitutional infringements of our 2nd Amendment rights.

  40. State only power. Any power delegated to the federal government can carry hefty unintended consequences. Don't like your state law, you can move to another state. Moving to a whole other country however……..

    Federal gov already have proven that each right is apparently only valid depending on which party is in power.

  41. People it's all money, they never had the right to charge us nearly 200$ in fees to carry our pistol with a shirt over it, or under the car seat or something similar. It's all about money, a criminal does not listen to the law. Legal honest people do listen to the law or at least ones that are constitutional and make sense.

  42. See I have a KY permit but it's been out of date since 2015 when this law was 1st put up to the house. I don't feel that the state has the right to simply tax the citizens who make very little $ for something that's already a right by law. They don't charge me when I cross the boarder in Tenn. for Speech Taxes……..now do they? What if every time you crossed over into Tenn or Ohio from Ky they decided to charge you a little 50$ speech Tax or how about a Sex Tax……..( Planning to fuck around??) ( Well better have paid that Sex Tax if you get caught with your winky in a dinky!!) Never know the government might decide to start doing across the boarder welfare checks on all the people in campers and RV's and you might just be caught in the process of sticking your winky in a out of state dinky and bammmmmmm MF;r you did not have a tax receipt license for that out of state winky sticking so you getting jail time and a fine……mainly a fine, and oh court costs to……lawyer fees, gotta give peeps a jobs ya know.

  43. the states. because if it was addressed federally thered likely be a mass shooting whenever it came up for a vote and i dont want more people to die.

  44. Ok! Kansas and Missouri are both constitutional carry. You can not leave your state while Carrying a gun w/out a permit…the instate carry makes your state ID your permit which is invalid in another. You must have a ccw/ccp to cross even to another "constitutional carry state".

  45. I believe constitutional carry is a great way for states to stop municipalities from abusing permit laws. Here in PA Philadelphia wasn't issuing any ccw permits and was given pa residents a hard time about them for a few years. I think it's time for federal ccw

  46. It's absurd to argue that the 2nd amendment doesn't allow permit-less carry. "The RIGHT of the people to KEEP and BEAR (and bear!) arms SHALL NOT be infringed". Btw I believe the effective date for SB 150 is in late June

  47. The 2nd amendment guarantees the right to bear arms, if your legally permitted to possess a firearm then carrying a firearm is a constitutionally protected right no matter what state of the union you are in.

  48. Leave it to the states, let Comufornia do what they do, and let Free America do its thing. Freedom will win out in the end.

  49. It should be national, but I'm unprepared to go that route, since if it can be made legal at the federal level, then it can be made illegal at the federal level when the next president comes in with a strong enough majority. State level control is harder for them to defeat, which is why more states are adopting constitutional carry even while Congress is trying to restrict guns.

  50. CCC, or constitutional concealed carry should be left up to the states. But shall issue concealed carry permits should be federally mandated. If a state is one of those with majority responsible citizens then pass CCC. If it California the issue CHL’s.

  51. At first I thought, yeah constitutional carry is a great idea. Now I'm not so sure. After all, the Constitution says "shall not be infringed". What could be clearer than that? With Constitutional Carry we are allowing for modifications of a sort to something that should be black and white. This kind of thing could eventually work against us and any other constitutionally acknowledged right.

  52. As someone who lives in Kentucky I love that this passed but it kinda hurt also. In Kentucky I had to be 21 to get a conceal carry license but u could open carry at 18 and as many don’t like open carry in Kentucky it is very common and popular so now my question is can u still open carry at 18 or did that change with tjis

  53. Regarding your question 'whether CC should be an issue reserved to the States or whether the Fed gov should address the issue?'
    With the SCOTUS holding in McDonald v. Chicago that the 2dA applies to the States via the14thA and the Incorporation Doctrine, it seems that all State and Fed law must be subject to the right of the People as protected by the 2dA and given strict scrutiny by all State and Fed courts when deciding issues involving guns and our right to keeping and bear guns. Not so Adam?

  54. I live in Kentucky and have been following this bill for two years. I was tired of being forced to open carry, so I went ahead and got my CCW in August of last year. I think this is a great law as the time and money was a big part of why I had to wait. It allows those who don't necessarily have the access or money to afford more than the pistol and holster itself to be able to legally and discreetly defend themselves and those around them.

  55. This may seem 'extreme' but I've found that moderate means keep getting classified as extreme so whatever. Any and all restrictions on the 2A should be struck down and yes, even the classification of 'Felons' since that particular classification used to mean just violent criminals and now means a broad assortment of crimes as well as things that do not classify you as a Felon such as "domestic abuse". If someone is so violent that they lose their rights within society, that means that person is no longer trusted to live within societal norms. That person should be removed from society at that point. If that person is considered trustworthy enough to release, rights should be restored. I won't get in to the other reforms that need go along with a 2A reform as they are numerous, just that the way we look at gun laws and criminal justice are completely off the rails.

  56. This is already our right so we shouldn’t have to put a law in place to make the 2nd amendment ok

  57. Here in Virginia we have permitless open carry. I conceal @will. I was stopped one day, and the officer said there has to be criminal intent to be hit with that charge. Permission slips are not a right.

  58. How ya doin, being from NY gun laws SUCK! I lived in Lexington Ky some years back and I loved it. Retiring in a few years and thinking of moving there again for good. I hate NY anyway. What's the deal with AR's can you buy one with a pistol grip mag release, – basically a real AR? and is there a limit on mag capacity?

  59. Every gun law is an infringement. Repeal the NFA. Repeal the GCA. Constitutional Carry across the country. It’s what the founding fathers intended.

  60. I live in Kentucky. I consistently travel to TN to visit family. I carry in Tennessee. I've been stopped by cops a couple times to ask for a permit. I pull out my wallet sized copy of the Bill of Rights and point to #2. We both go on about our day. No fuss. No mess. Coolest cops I've ever met.

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