Understanding Kentucky CCDW Law...

[Cricoid]

The arson thing is one topic I actually found interesting when I took my CCW here in KY.

No, the building does not have to be occupied. This was clarified in my class...if someone is setting fire to your storage building, garage, whatever--you are legally justified to shoot them. I don't think I would, but it is in the books!

[orangello]

Almost like the MS law on in-vehicle firearms (basically yes, loaded, no permit, and anywhere in the vehicle). I have a small locking gun box cabled to my car in my car to allow me to secure the firearm when I am not in the car with it (by "secure" I do not mean "safe from an 800 pound gorilla with 3 foot bolt cutters and an afternoon to work on it").

[KyJim]

he police told him , if he saw them stealing it was ok to shoot?

No, it is not okay to shoot. Like most states, you must believe you or someone else is in immediate danger of being killed or seriously injured. Now, if you arm yourself and confront them and they make a threatening move, then you may be okay. In the southeastern part of the state, you would probably get a gold star. In a couple of other areas of the state, it might be a closer question depending upon how the situation appears to the local police and prosecutor.

I have not gone through this thread to review everything said about Kentucky law. It was started before I was a member here.

[wally626]

Quote:
he police told him , if he saw them stealing it was ok to shoot?
No, it is not okay to shoot. Like most states, you must believe you or someone else is in immediate danger of being killed or seriously injured. Now, if you arm yourself and confront them and they make a threatening move, then you may be okay. In the southeastern part of the state, you would probably get a gold star. In a couple of other areas of the state, it might be a closer question depending upon how the situation appears to the local police and prosecutor.

Some states do have provision where you can use deadly force to stop certain types of felonies, sounds like Kentucky includes Arson on the list.

[chris in va]

According to the KRS, it has to be your property though. I didn't believe it until I looked it up for myself.

[Come and take it.]

No, it is not okay to shoot.

Yes it is okay to use deadly force and I will tell you why.

Any fire powerful enough to burn down even a small shed could create sparks and cinders that could settle onto the property owners house or even neighboring houses. It is no laughing matter. Anyone who has seen fires get out of control can give testimony to this.

Arson is a way to deprive me of my refuge no matter what part of property is lit. Just as well as if an unarmed person broke into my home in an attempt to drive or drag me from my home, which is also grounds for deadly force.

In Kentucky the law is very clear on these issues. On the no retreat laws I would not be so sure how protective those laws are as they have not been put to the test enough to see whether and to what extent they can protect someone from prosecution or lawsuit.

In many states Arson is almost as bad as murder.

[KyJim]

Come and Take it --

We are talking at cross purposes. You'll notice the post I was referring to was a question about shooting someone for stealing. Arson was not the topic.

You are correct that deadly force may be used to prevent arson under certain circumstances:

(2) The use of deadly physical force by a defendant upon another person is justifiable under subsection (1) only when the defendant believes that the person against whom such force is used is: . . . (c) Committing or attempting to commit arson of a dwelling or other building in his possession.

KRS § 503.080.

[Garycw]

Originally Posted by KyJim

Come and Take it --

We are talking at cross purposes. You'll notice the post I was referring to was a question about shooting someone for stealing. Arson was not the topic.

You are correct that deadly force may be used to prevent arson under certain circumstances:

KRS § 503.080.

Back on topic , again I was told by a victim of theft of property outside of the home, but in his yard that police informed him it was legal to shoot them. I don't really know if that is true or not. It does however provide a excellent deterrent for theft. I wouldn't want to test the theory. A warning, get away shot might be in order though.
I had always been of the understanding your life or others has to in danger or the castle doctrine law to be able to use potential deadly force.
Maybe in some smaller towns its Who you know?

[Spats McGee]

Originally Posted by Garycw

Back on topic , again I was told by a victim of theft of property outside of the home, but in his yard that police informed him it was legal to shoot them.

I would be extremely ill-at-ease shooting another human because "someone told me that the police told them it was ok under circumstances XYZ." First of all, information has a way of getting garbled in the retelling, and getting accurate information is extremely important in that situation. Second, the police deal day-in and day-out with the rules of engagement for themselves. That does not necessarily translate into knowing the rules for "civilians."

[Garycw]

I agree spats, I wouldn't think LE could'nt shoot either legally in that situation. They could Say Halt or I'll shoot!, but a shot to the back I don't think would hold up in court. I've learned that stories get started, then spread with a little more added to them each time told, hahah.
Stealing my property , I would feel like shooting, or beat the crap out of them, but I'd never pull the trigger over possessions. Although here in SE KY some would without hesitation. .

[Tom Servo]

but in his yard that police informed him it was legal to shoot them.

Somehow, I doubt those police would be testifying in my defense if I were indicted for shooting someone. Even I could get them on the stand, they'd either claim they were inaccurately quoted, or that it doesn't matter what they said.

I would point out for the 23,586th time that one should only use lethal force in response to a life-threatening situation, regardless of local statute. It's one thing to use force against someone trying to torch my house while I'm in it, but if they're torching a storage shed, I'd think very carefully about that.

Liberty is built on the sanctity of personal property, but a jury may not see it that way when I'm on the stand for manslaughter or worse.

[KyJim]

GaryCw -- What the police supposedly said is an absolutely wrong statement of Kentucky law. Who knows if the local grand jury would indict.

[Garycw]

I would have to say that's correct. Not lawful to shoot a thief. Although I wouldn't be surprised if the police told him is was ok either. Would they admit it in court? No. Would it make it to court? Maybe. Maybe not. Sometimes it's who you know or don't know. Some of the outlying jurisdictions still have constables. I'm not even sure if its a full time position?
I CC 95% of the time and I would not pull my weapon in a physical confrontation or a even a robbery hold up, car jacking etc. UNLESS I felt my life was in danger or someone I was with. If someone held you up with a gun, you're most likely not going to be able to pull yours till they're leaving. However if I do pull my gun, someone's getting shot.

[Warrior1256]

Moved here from W.V. a year and a half ago. This state has some of the strongest pro-gun laws in the nation. I love my adopted state, very proud to be a Kentuckian.

[fshfindr]

Can we move NJ into Kentucky?

[Garycw]

Originally Posted by fshfindr

Can we move NJ into Kentucky?

No thanks.. Lol