Kentucky Governor Bevin Signs Law Restoring Constitutional Carry

Kentucky Governor Bevin Signs Law Restoring Constitutional Carry
Kentucky Governor Bevin Signs Law Restoring Constitutional Carry

U.S.A. –(Ammoland.com)- On Monday, 11 March 2019. Governor Matt Bevin of Kentucky restored Constitutional Carry to the State of Kentucky.

From wkyt.com:

Bevin signed Senate Bill 150 into law Monday. It allows Kentuckians 21 and older who can lawfully possess a firearm to be able to conceal it without a permit.

Governor Bevin explained the law does not create a right, it only reaffirms the Constitution. From oann.com:

The governor emphasized the measure doesn’t grant the right to carry a gun, but instead he explained it reaffirms the constitution.

“This is a bill that recognizes as part of Kentucky law, once it is the law, once I have signed it, which I will, it recognizes the Second Amendment of the United States,” said Bevin. “That’s it, it doesn’t break new ground, it simply says that people do have the right to keep and bear arms.”

SB150 will go into effect in Kentucky in July of 2019.

States started infringing on the Second Amendment when they restricted concealed carry after the Supreme Court ruled the Bill of Rights did not apply to the state governments in 1833.

In 1822, the Kentucky Supreme Court ruled that a ban on carrying concealed arms was unconstitutional under the Second Amendment and the Kentucky State Constitution in Bliss v. Commonwealth of Kentucky.

In Kentucky, a Constitutional amendment was deemed necessary to make the general carry of concealed weapons illegal. The Constitutional Amendment to allow the legislature to regulate the concealed carry of weapons passed in 1849, as part of a constitutional convention. In 1850, the wording in bold was added:

  “That the rights of the citizens to bear arms in defense of themselves and the State shall not be questioned; but the General Assembly may pass laws to prevent persons from carrying concealed arms.”

As the United States Supreme Court had ruled the states were not restricted by the Bill of Rights, the Second Amendment no longer protected the rights of citizens of Kentucky in their courts.

It took a war between the states (or, as some prefer, the Civil War) to put in place the Fourteenth Constitutional Amendment, which was meant to extend the protections of the Bill of Rights to the States.

In 1868 the Fourteenth Amendment was passed to assure, in part, that the Second Amendment would be enforced to insure that freed slaves could keep and bear arms. The former slave states found ways to evade the requirement. In 1873, the Fourteenth Amendment's enforcement of the Bill of Rights against state encroachment was effectively nullified by the Supreme Court.

In 2010, the Supreme Court finally ruled that the Fourteenth Amendment incorporated the Second Amendment to prevent infringements on the Second Amendment by the state governments.

  • Vermont always had Constitutional Carry.
  • 15 States have passed some version of Constitutional Carry since 2003.
  • 2003, Alaska restored Constitutional Carry to the exercise of Second Amendment rights.
  • 2010, Arizona restored Constitutional Carry.
  • 2011, Wyoming restored Constitutional Carry.
  • 2013, Arkansas passed Act 746 into law. It is effectively Constitutional Carry. Some county prosecutors have threatened prosecution. None has occurred.
  • 2015, Kansas, and Maine became Constitutional Carry club members.
  • 2016, Idaho, Missouri, West Virginia, and Mississippi became Constitutional Carry states.
  • 2017, New Hampshire, and North Dakota restored Constitutional Carry.
  • 2019, South Dakota and Oklahoma, and Kentucky have restored Constitutional Carry.
  • There are now twice as many states with Constitutional Carry as there are states the infringe on the right to bear arms with “May Issue” carry permits.

Several more states are good candidates to respect the Second Amendment and pass Constitutional Carry legislation.

Constitutional Carry states are on the Mexican and Canadian borders. They are in the East, West, and Middle of the country. They border the Pacific, the Atlantic, and the Gulf of Mexico. They include major metropolitan areas such as Phoenix, Oklahoma City, and Kansas City.


About Dean Weingarten:Dean Weingarten

Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of constitutional carry was attained. He has degrees in meteorology and mining engineering, and recently retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.

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    Sean Mallorywilly dGregory RomeuRobertAdam Recent comment authors
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    willy d
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    willy d

    I am now living in Mo which has the Constitutional Carry Law, does this mean that I can carry through states that reciprocate with Mo can carry in those states without a conceal carry I/D card, I have no problem going back home to Pa except through the gun hating state of Ill, all of the other states, Ind, Oh, W VA all except the conceal carry I/D’s from Mo and Pa, I have both but Mo is a little ridiculous, with their testing and pricing, all have to take a NRA approved class weather you had a concealed carry… Read more »

    Gregory Romeu
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    Gregory Romeu

    I find it both pathetic and appalling that we have to fight to get back to the fundamentals of our “CONSTITUTION”? The ONLY document that binds us ALL together in freedom, liberty and sovereignty.

    Robert
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    Robert

    So glad i live in missouri,but i keep an eye on st louis many libs there n we know where that leads to.
    Great of you ky

    Adam
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    Adam

    I live in Rhode Island where you have to jump through hoops to get a ccw permit to carry, I spend a lot of time up in Vermont, New Hampshire, and Maine on my time off even before NH and ME became constitutional carry states. RI losses so much money every year trying to keep people away from ccw, and we DO have predatory animals in this tiny state, yet RI refuses to have any reciprocity with any other states!! I would love to see all the other states signed on to have RI’s ccw’s accepted in their states just… Read more »

    Sean Mallory
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    Sean Mallory

    Permitless OPEN carry has always been legal in Kentucky. Adding concealed carry is just a side show.

    Jeffersonian
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    Jeffersonian

    Side show? Far from it. Natural human rights have been restored. Decent people don’t have to beg extortionate permission from bureaucrat bigots to exercise those rights. Decent people don’t have to fear predators in government costume destroying their lives because a gust of wind blew their coat open at the wrong moment.

    Sean Mallory
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    Sean Mallory

    And you have always had the right to carry a firearm openly on your hip. That has been the protected right in Kentucky since we became a state.

    John
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    John

    I hope the hoosier state steps to the plate next. I personally have a lifetime carry permit, so it won’t affect me but maybe it will encourage others to participate. I would have loved to see a national reciprocity law so I could travel wherever I want but we should take a win where we can.

    Green Mtn. Boy
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    Green Mtn. Boy

    Congratulations Kentucky ! Sweet 16 ! Now for the remaining 34 states to recognize the Constitutional rights of “We The People”,as when they were accepted into the union,they signed on to the U S Constitution,all of it.

    I see where some of Kentucky’s Leftist are a bit put out by the state adhering to the Constitution.

    If the butt hurt Marxist Left being Anti 2 nd. amendment,Anti Constitution,Un American have some choices,get over it,get on with it or Git Out.
    As the Constitution is the law of the land,thus Constitutional carry is by default the law of the land.

    Walter Goddard
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    Walter Goddard

    I have aways liked Kentucky.. They understand Home, family, and livin the life! Things money can’t buy! My best friend and his family are from Harlan… It doesn’t get more down home than dirt floors in a shack, with brown beans n ham, corn bread, and a mug of home shine for supper, (perhaps rye, or bourbon, if ya get a check from the coal mines) .. Then relax with a fishin pole n crawdads on a hook, …little darlins danglin in the fishin hole for that monster channel cat… At least ya’ll were smart enough to vote one of… Read more »