Employer Liability - Kentucky

This is a discussion on Employer Liability - Kentucky within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; hey guys! I am moving to KY in a few months and I have been doing some research into gun laws in Kentucky and check ...

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Thread: Employer Liability - Kentucky

  1. #1
    Member Array Savage206's Avatar
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    Employer Liability - Kentucky

    hey guys! I am moving to KY in a few months and I have been doing some research into gun laws in Kentucky and check out what I found! I was wondering if anyone knew of any other states that had this provision, as I know there is a lot of discussion on here about employers that do not allow employees to carry concealed (or open carry) handguns! Well Kentucky makes a point of holding Employers liable for punishing you for exercising your 2 Amendment right!! Check it out!

    RCA 237.106 Section 4 says "An employer that fires, disciplines, demotes, or otherwise punishes an employee who is lawfully exercising a right guaranteed by this section and who is engaging in conduct in compliance with this statute shall be liable in civil damages. An employee may seek and the court shall grant an injunction against an employer who is violating the provisions of this section when it is found that the employee is in compliance with the provisions of this section."

    Now help me make sure I am reading this correctly, in an earlier section it does state that an employer or owner CAN prohibit the carrying of handguns on property (also I would assume in company property i.e company truck/van) BUT they cannot demote you, fire you, or discipline you in any way for owning guns, etc. Now I know that doesn't do anything but keep your anti-gun employer for finding out you belong to the NRA and firing you over it. That's how I am reading it. Also it means that you cannot be fired for keeping a handgun in your locked car during work, if I am reading it correctly. (The Article is referring to "transporting firearms in a vehicle" Anyone else in KY have any thoughts?? I still think that is pretty cool. :)

    Here i a link to the place where I am getting this:

    http://www.lrc.state.ky.us/KRS/237-00/106.PDF

    Kentucky Revised Statutes
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    " The unarmed man is not just defenseless, he is also contemptible." ~ Machiavelli.

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    Member Array gbball98's Avatar
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    You are correct. In Kentucky your employer can legally prevent you from carrying on their property while on the clock however they cannot legally prevent you from having the weapon in your locked vehicle on their property "IE" their parking lot. If you take the weapon out of the vehicle or "brandish it" in any way they can fire you with no recourse.

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    Member Array Savage206's Avatar
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    well yeah AND I would get my license revoked for brandishing!! no thanks! :D
    EDC: FN FNP-9 w/ three 16 rnd magazines. Mini Maglite.

    " The unarmed man is not just defenseless, he is also contemptible." ~ Machiavelli.

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    Member Array gbball98's Avatar
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    Quote Originally Posted by Savage206 View Post
    well yeah AND I would get my license revoked for brandishing!! no thanks! :D
    I don't think you would get your license revoked for just showing your weapon to someone, Kentucky is an open carry state.

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    Distinguished Member Array Diddle's Avatar
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    There are currently bills addressing this very issue in Kentucky and I am sure they will pass and favor the gun owner. In my 53 years of living in KY, not too many folks here have an issue with guns and gun owners. As far as I know, the only things "said" to employees is no firearms in the shop, building or office. I have seen some cases where a comment such as "if you bring a gun to work, you will be fired" is made. When that statement is taken to it's most extreme, it is ment to say, "no guns in the work place". Right now I am about 1 mile from a facility that has roughly 500 employees per shift and I am willing to bet 200 of the 500 on the clock right now have a firearm locked up in ther vehicle which is on company property.
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    Quote Originally Posted by gbball98 View Post
    If you take the weapon out of the vehicle or "brandish it" in any way they can fire you with no recourse.
    Quote Originally Posted by Savage206 View Post
    well yeah AND I would get my license revoked for brandishing!! no thanks! :D
    As it should be;

    Definition of BRANDISH
    transitive verb
    1: to shake or wave (as a weapon) menacingly
    2: to exhibit in an ostentatious or aggressive manner

    Anyway, enjoy the great commonwealth. Kentucky is beautiful and a great place to live.
    "Just blame Sixto"

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    Member Array Savage206's Avatar
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    Quote Originally Posted by SIXTO View Post
    As it should be;

    Definition of BRANDISH
    transitive verb
    1: to shake or wave (as a weapon) menacingly
    2: to exhibit in an ostentatious or aggressive manner

    Anyway, enjoy the great commonwealth. Kentucky is beautiful and a great place to live.
    yeah that was what I meant, if I drew it an pointed it needlessly or was waving it around. Not gonna happen. Ever. On a more positive note i am picking up my new DPMS AR15 today!! Today is gonna be a good day. :)
    EDC: FN FNP-9 w/ three 16 rnd magazines. Mini Maglite.

    " The unarmed man is not just defenseless, he is also contemptible." ~ Machiavelli.

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    Distinguished Member Array kapnketel's Avatar
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    From my limited experience even where KY employers do not allow CC at work, most of the indivdual managers are either CCW permit holders or sympathetic to carry. I have never heard of any issues. I moved to KY two years ago, you are going to like it here.
    I'd rather be lucky than good any day

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    VIP Member Array TedBeau's Avatar
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    Interesting, I wonder, in a case where the employer has not posted signs or banned firearms in their employee handbook, what would happen if someone were discovered carrying and got fired? Could the employee sue the company under this law?

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    Senior Member Array Barbary's Avatar
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    Savage, welcome to the Bluegrass state. Too bad you'll miss the April machine gun shoot at Knob Creek, but they have another one in the fall. I hear it can be quite the experience.

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    Member Array Savage206's Avatar
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    WHAT!!!! the April machine gun shoot?!?!! more info please!!!
    EDC: FN FNP-9 w/ three 16 rnd magazines. Mini Maglite.

    " The unarmed man is not just defenseless, he is also contemptible." ~ Machiavelli.

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    i live in Lexington and about a year or so ago a medical student at the University of Kentucky was FIRED from his job because he had a gun in his vehicle on university property......the guy had a ccw permit to boot, and it was locked in his trunk in the parking garage......he sued the University and the judge sided with the University.......the case is under appeal



    Grad student sues UK over being fired for having handgun in car | Local | Kentucky.com

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    CL
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    I absolutely love kentucky. Born and raised and will probably never move away. You did read it right though. Just keep it in the car and dont touch it (unless you have to of course) until you leave the property. No problem. My best friend works at a place that says no guns, but they know that a lot of people carry and they have even put out "just keep it in the car".

    The Knob Creek Gun Show is a blast. I definitely recommend it. I missed the april one on account of deployment, but hopefully will be back in time for the fall one. Maybe I'll see ya there.

    Oh yea, and welcome to Kentucky. Im sure youll enjoy your stay.

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    Prepare for the worst and hope it never happens

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    There is a lot of traffic across Alumni drive And I suspect there are a lot of people travel Alumni drive to get to other places. Cardinal Valley for example. Alumni drive goes right through UK's campus, No? Here in Berea, Berea College seperates the one side of the town from the other. You HAVE to cross the campus to get to the other side of town. Madison Southern and Foley Middle schools are less than 100 feet from the a main road. Berea Community Schools is 150 feet form the second most traveled road in Berea. In Richmond, Lancaster Avenue takes you between EKU and their party houses and parking lots. If you travel the by-pass in Richmond, you are within 50 feet of EKU's campus.

    The city of Paris KY attempted to pass a law that prohibited guns within 2000 feet of a school. Paris being a small town with a school smack in the middle of it, would have prevented anyone IN TOWN from having a gun. Fortuantely the law was shot down due to it being over-reaching and burdensome on the the people.
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