Airport carry in Kentucky actually legal?

This is a discussion on Airport carry in Kentucky actually legal? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I work for a private ambulance service in Louisville. I have been at the airport lately, working for a company who ships pkgs... Anyway, I ...

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Thread: Airport carry in Kentucky actually legal?

  1. #1
    Member Array TerryD's Avatar
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    I work for a private ambulance service in Louisville. I have been at the airport lately, working for a company who ships pkgs...

    Anyway, I thought airport carry was strictly out, as I do go through a gated security checkpoint. But on the gate it states no firearms per state law, but of course the sign is wrong and it pertains to something completely different.

    But I had someone bring up a good point today that used to do a lot of work at airports. He stated that it's only illegal in the "commercial" area where people board, etc..., but not in the "non-commercial" area regardless of what the sign says, and he got this directly from the FAA.

    I thought Federal Law prevailed here, but am I wrong?

    I got this of the Ky State website on where I can't carry, but it is not very detailed. I have not been carrying there because of what this states.

    "Areas within an airport where restricted access is controlled by the inspection of persons or property."

    Any help would be appreciated.
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  3. #2
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    Quote Originally Posted by TerryD View Post
    "Areas within an airport where restricted access is controlled by the inspection of persons or property."
    I would take that to mean, as long as you don't go thru the security checkpoint, you are OK. Just my $0.02
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    Member Array kj5634's Avatar
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    Better get a legal opinion before you wind up being Bubba's sweetie.

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    Member Array TerryD's Avatar
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    I "kinda" go through a security checkpoint.

    It is on the opposite side of the "terminal". And it is a gated little stick that raises up to let you in. Security checks most people with "wands", but me and my partner just drive on through in the ambulance with no check at all.

    Checkpoint is kinda vague in this situation.

    Quote Originally Posted by kj5634 View Post
    Better get a legal opinion before you wind up being Bubba's sweetie.
    I called a lawyer I have used before, and he had no clue and didn't even know who to call. Guess i'll have to keep calling around until I can find someone who knows these laws.

    Don't worry, there is no way I would carry at work until I am 100% sure, which includes sound legal advice from a qualified attorney.

    Just thought I would get some feedback here while i'm waiting.
    "Nice grips, weird choice of etching" Rocky

  6. #5
    Senior Member Array InspectorGadget's Avatar
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    From what I understand from flying on a regular basis for 5 years is a CCW is leagal outside of the secure zone. You can carry to the counter baggage claim or anywhere outside of a controlled area, in fact you pretty much have to to take your weapon to TSA and place in in a secure container for flight. If you go to or through the checkpoint then All Heck will break loose. But you are good in the common area outside the checkpoint.

    You may want to check TSA website for rules on Weapons, it may narrow it to specific rules for specific Airports for you.
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    VIP Member Array SammyIamToday's Avatar
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    Quote Originally Posted by TX-JB View Post
    I would take that to mean, as long as you don't go thru the security checkpoint, you are OK. Just my $0.02
    This is my understanding of the situation.

    Your situation is a little different though since you go in a different route than the average airport customer. I'm tempted to say concealed is concealed, but you might be treading into a Federal area where that's not a good idea.
    ...He suggested that "every American citizen" should own a rifle and train with it on firing ranges "at every courthouse." -Chesty Puller

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    Member Array Tye_Defender's Avatar
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    Quote Originally Posted by TerryD View Post
    But I had someone bring up a good point today that used to do a lot of work at airports. He stated that it's only illegal in the "commercial" area where people board, etc..., but not in the "non-commercial" area regardless of what the sign says, and he got this directly from the FAA.

    I thought Federal Law prevailed here, but am I wrong?
    IANAL but I can shed a little light on this. If there were a federal law that stated you could carry anywhere on the airport other than the passenger terminal then you could argue that federal law prevails, but this is a situation where federal law says you can't carry in one location and state law says another. They do not conflict because the locations that overlap are both prohibited locations. In Kentucky, according to http://www.handgunlaw.us/documents/USOffLimitsA-M.pdf you can't carry in "Areas within airport where restricted access is controlled by the inspection of persons or property." Sounds like the gate you go through inspects persons so you probably can't carry.

    That being said, I carry at the airport almost every time I fly, but the airports are General Aviation airports and there is no passenger terminal area that I'm entering so I'm good. The only time I don't carry is if I'm flying commercial (of course) or if I think I may fly to a location that carrying would cause me trouble (cross country to a state without reciprocity, etc.).

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    Senior Member Array FlyboyLDB's Avatar
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    I don't think I would venture into a public area of a commercial terminal (anything before the TSA screening) carrying a firearm. When flying general aviation aircraft I rarely have to enter/depart from the commercial side of a terminal building. But there are laws depending on how they are interpreted could land one in hot water. Even though federal law or state law allows carry aboard general aviation aircraft - one could be guilty of a crime just transporting (carrying) the firearm to the plane. I don't worry so much at airports that do not serve commercial aircraft. I would not carry into a terminal area that serves commercial traffic - ie, the ticket counter, baggage, etc.

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    Member Array TerryD's Avatar
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    While I was on a run today a LEO was there, and I took him aside and asked him if it was legal. He said it was. He said I was right that I couldn't carry past TSA in the "commercial" portion of the airport. But where I was located, I was okay. He also said he worked part-time in a local gun shop, and that he has sold to a number of pilots and they carry, so I was okay.

    So far I think I might be in the clear, just waiting to her back from a lawyer I called.

    Got my fingers crossed.
    "Nice grips, weird choice of etching" Rocky

  11. #10
    Distinguished Member Array Fitch's Avatar
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    Quote Originally Posted by TerryD View Post
    While I was on a run today a LEO was there, and I took him aside and asked him if it was legal. He said it was. He said I was right that I couldn't carry past TSA in the "commercial" portion of the airport. But where I was located, I was okay. He also said he worked part-time in a local gun shop, and that he has sold to a number of pilots and they carry, so I was okay.

    So far I think I might be in the clear, just waiting to her back from a lawyer I called.

    Got my fingers crossed.
    Good on you for checking it out with a lawyer.

    Fitch

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    Member Array CowboyKen's Avatar
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    It varies from state to state. In some states it is OK to carry in the non-restricted part of the airport, in others it isn't.

    In Nevada, for instance, it isn't, "2. A permittee shall not carry a concealed firearm while he is on the premises of a public building that is located on the property of a public airport." NRS: CHAPTER 202 - CRIMES AGAINST PUBLIC HEALTH AND SAFETY

    Ken

  13. #12
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    If you carry into the sterile area of ANY federal airport without declaring your firearm to TSA and the airport LEO's, and get caught, you will go to Big Boy jail !

    The sterile area is anywhere beyond security. Be it the passenger terminal, cargo terminal, or any other location beyond security.
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    Member Array i12flytoday's Avatar
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    I agree with above... as long as you are in the gate area or baggage pickup area you are ok. TSA in Charlotte confirmed this. They stated that federal law only mentions not having weapons beyond the security checkpoint where they make you walk through the metal detector.

    They did state that most airports are actually owned by the state and that the states can set their own laws regarding this.

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