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500.080 Definitions for Kentucky Penal Code.
As used in the Kentucky Penal Code, unless the context otherwise requires:

(4) "Deadly weapon" means any of the following:
(a) A weapon of mass destruction;
(b) Any weapon from which a shot, readily capable of producing death or other
serious physical injury, may be discharged;
(c) Any knife other than an ordinary pocket knife or hunting knife;
(d) Billy, nightstick, or club;
(e) Blackjack or slapjack;
(f) Nunchaku karate sticks;
(g) Shuriken or death star; or
(h) Artificial knuckles made from metal, plastic, or other similar hard material;




527.020 Carrying concealed deadly weapon.
   (REVISED JULY 2002) [updated January 2005]
(1) A person is guilty of carrying a concealed weapon when he carries concealed a
firearm or other deadly weapon on or about his person.
(2) Peace officers, when necessary for their protection in the discharge of their official
duties; United States mail carriers when actually engaged in their duties; and agents
and messengers of express companies, when necessary for their protection in the
discharge of their official duties, may carry concealed weapons on or about their
person.
(3) Policemen directly employed by state, county, city, or urban-county governments
may carry concealed deadly weapons on or about their person at all times within the
Commonwealth of Kentucky, when expressly authorized to do so by the government
employing the officer.
(4) Persons, except those specified in subsection (5) of this section, licensed to carry a
concealed deadly weapon pursuant to KRS 237.110 may carry a firearm or other
concealed deadly weapon on or about their persons at all times within the
Commonwealth of Kentucky, if the firearm or concealed deadly weapon is carried in
conformity with the requirements of that section. Unless otherwise specifically
provided by the Kentucky Revised Statutes or applicable federal law, no criminal
penalty shall attach to carrying a concealed firearm or other deadly weapon with a
permit at any location at which an unconcealed firearm or other deadly weapon may
be constitutionally carried. No person or organization, public or private, shall
prohibit a person licensed to carry a concealed deadly weapon from possessing a
firearm, ammunition, or both, or other deadly weapon in his or her vehicle in
compliance with the provisions of KRS 237.110 and 237.115. 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.
(5) The following persons, if they hold a license to carry a concealed deadly weapon
pursuant to KRS 237.110, may carry a firearm or other concealed deadly weapon on
or about their persons at all times and at all locations within the Commonwealth of
Kentucky, without limitation:
(a) A Commonwealth's attorney or assistant Commonwealth's attorney;
(b) A county attorney or assistant county attorney;
(c) A justice or judge of the Court of Justice; and
(d) A retired or senior status justice or judge of the Court of Justice.
A person specified in this section who is issued a concealed deadly weapon license
shall be issued a license which bears on its face the statement that it is valid at all
locations within the Commonwealth of Kentucky and may have such other
identifying characteristics as determined by the Department of State Police.
(6) The following persons may carry concealed deadly weapons on or about their person
at all times and at all locations within the Commonwealth of Kentucky:
Page 1 of 2
(a) An elected sheriff and full-time and part-time deputy sheriffs certified pursuant
to KRS 15.380 to 15.404 when expressly authorized to do so by the unit of
government employing the officer;
(b) An elected jailer and a deputy jailer who has successfully completed
Department of Corrections basic training and maintains his or her current inservice
training when expressly authorized to do so by the jailer;
(c) The department head or any employee of a corrections department in any
jurisdiction where the office of elected jailer has been merged with the office of
sheriff who has successfully completed Department of Corrections basic
training and maintains his or her current in-service training when expressly
authorized to do so by the unit of government by which he or she is employed;
(7) A full-time paid peace officer of a government agency from another state or territory
of the United States or an elected sheriff from another territory of the United States
may carry a concealed deadly weapon in Kentucky, on or off duty, if the other state
or territory accords a Kentucky full-time paid peace officer and a Kentucky elected
sheriff the same rights by law. If the other state or territory limits a Kentucky fulltime
paid peace officer or elected sheriff to carrying a concealed deadly weapon
while on duty, then that same restriction shall apply to a full-time paid peace officer
or elected sheriff from that state or territory.
(8) A firearm or other deadly weapon shall not be deemed concealed on or about the
person if it is located in a glove compartment, regularly installed in a motor vehicle
by its manufacturer, regardless of whether said 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 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.
(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.
Effective: July 15, 2002
History: Amended 2002 Ky. Acts ch. 368, sec. 1, effective July 15, 2002. -- Amended
1996 Ky. Acts ch. 119, sec. 3, effective October 1, 1996. -- Amended 1978 Ky. Acts
ch. 342, sec. 2, effective June 17, 1978. -- Created 1974 Ky. Acts ch. 406, sec. 235,
effective January 1, 1975.



KENTUCKY Case Law re "ordinary pocketknife" (2003-2004 cases)

2002-CA-002371
Date: 11/5/2003
NONPUBLISHED  BROWN V. COM.
CRIMINAL
CA [Court of Appeals] affirmed TC [Trial Court] order that held pocket knife qualified as a deadly weapon under KRS 527.070.  TC properly found that the knife did not meet the ordinary pocketknife exception of KRS 500.080(4)(c).  TC did not err in excluding exce[r]pts from book.


2003-CA-001260
BUCKINGHAM, J.
AFFIRMING
Date: 5/14/2004
NOT TO BE PUBLISHED WHITE V. COM.
CRIMINAL - Crimes (Concealed weapons)
White, Jr., appeals conviction for misdemeanor crime of carrying a concealed deadly weapon and sentencing him to 30 days in jail. Affirmed.

 "Nine knives were found in a search of Whites automobile. A multi-tool with a knife blade was found in his right rear pocket. A butterfly knife and a lockblade tactical knife were found under the front drivers seat. A tactical knife with a seven-inch blade was found wedged between the front seat and console. A dagger was found unsheathed in the rear of the vehicle. Four additional lockblade tactical knives, one with a curved blade, were found in the center console.  
There was sufficient evidence for the jury to determine that each of the three knives in question were not ordinary pocket knives or hunting knives but were deadly weapons. Similarly, the evidence was sufficient as to the expandable baton...

 "Having reviewed the evidence, we conclude that the Commonwealths evidence in connection with three of the knives and the expandable baton was sufficient to overcome Whites directed verdict motion. These three knives are the butterflyknife, the lockblade tactical knife that could be opened with one hand, and the tactical knife with the seven-inch blade.

 "As we have noted, the term 'deadly weapon' includes any knife other than an ordinary pocket knife or hunting knife. See KRS 500.080(4)(c). The statute also indicates a '[b]illy,nightstick, or club' falls within the definition of 'deadly weapon.' See KRS 500.080(4)(d).

 "In Asher v. Commonwealth, Ky.,473 S.W.2d 145 (1971), the court upheld a conviction for carrying a concealed deadly weapon where the trial court instructed the jury that a butcher knife with a sharp-pointed blade approximately six inches in length was a deadly weapon. Id. at 146. In Williams v. Commonwealth, 304 Ky. 761, 202S.W.2d 408 (1947), a conviction for carrying a concealed deadly weapon was upheld on appeal where the trial court determined that a razor was a deadly weapon and did not submit the issue to a jury. 202 S.W.2d at 409.

 "We conclude that the evidence was sufficient in this case for the jury to determine that each of the three knives in question were not ordinary pocket knives or hunting knives but were deadly weapons. Similarly, we conclude the evidence was sufficient as to the expandable baton. We also conclude that the evidence was sufficient for the jury to believe that the knives and expandable baton wereconcealed and were 'on or about [Whites] person.' A review of the testimony indicates that both the butterfly knife and a lockblade tactical knife that could be opened with one hand were under the front drivers seat. In addition, the tactical knife with a seven-inch blade was wedged between the front seat and console. Finally, the expandable baton, which could be extended with a flick of the wrist, was under the front drivers seat.

 "In Delk v. Commonwealth, Ky. 344 S.W.2d 832 (1961), the court held that '[t]he concealment must be such as to prevent persons from seeing the weapon whose vision is not obscured by the carriers person or by anything other than the covering used to conceal it.' Id. at 833. In Prince v.Commonwealth, Ky. 277 S.W.2d 470 (1955), the court stated that a weapon is concealed when it is placed in a manner that it cannot readily be seen under ordinary observation. Id. at 472.

 "The three knives in question and the expandable baton were clearly concealed. Finally, the knives in question and the expandable baton were concealed on or about Whites person. To be concealed 'on or about his person' means that the items must be 'concealed in such proximity to the person as to be convenient of access and within immediate physical reach.' Collier v. Commonwealth, Ky., 453 S.W.2d 600, 601 (1970). In that case, a conviction for carrying a concealed deadly weapon was upheld when a pistol was found on the floor under the front seat of a car being driven by the defendant. Id. As two of the knives and the expandable baton were found under the front seat and the other knife was found between the front seat and console, we conclude that the evidence was sufficient for the jury to determine that the knives and the expandable baton were on or about Whites person. Given the evidence presented concerning three of the knives in question and the expandable baton, we simply cannot find it clearly unreasonable for the jury to have found guilt in this case. The judgment of the Fayette Circuit Court is affirmed. ALL CONCUR.



* * *


KENTUCKY Case Law re Deadly Weapons:

- "Law that prohibited the carrying of concealed deadly
  weapons prohibited carrying them on one's own premises or
  in one's own dwelling." (1939)
- "Law that prohibited carrying concealed deadly weapons
  applied to any time or place..." (1948)
- "...the good intent or bad intent of the party carrying the
  weapon was immaterial..." (1903)
- "A razor is a deadly weapon within the meaning of the
  law..." (1947)
- "A butcher knife with a sharp pointed blade approximately
  six inches in length is a deadly weapon." (1971)





527.070 Unlawful possession of a weapon on school property --

(1) A person is guilty of unlawful possession of a weapon on school property when he
knowingly deposits, possesses, or carries, whether openly or concealed, for
purposes other than instructional or school-sanctioned ceremonial purposes, or the
purposes permitted in subsection (3) of this section, any firearm or other deadly
weapon, destructive device, or booby trap device in any public or private school
building or bus, on any public or private school campus, grounds, recreation area,
athletic field, or any other property owned, used, or operated by any board of
education, school, board of trustees, regents, or directors for the administration of
any public or private educational institution. The provisions of this section shall not
apply to institutions of postsecondary or higher education.

(3) (i) A person possessing guns or knives when conducting or attending a "gun and
knife show" when the program has been approved by the board of education
or board of trustees of the educational institution.
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