Kentucky Supreme Court hears arguments on concealed carry in school zones News
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Kentucky Supreme Court hears arguments on concealed carry in school zones

The Kentucky Supreme Court Wednesday heard oral arguments on the prohibition of firearms in school zones. The city of Pikeville appealed a decision from the state’s Court of Appeals, which held that concealed carry permits issued by the state allow permit-holders to carry weapons within federally protected school zones. 

After the city of Pikeville put up signs and other notices across school zones to enforce the Gun-Free School Zones Act, the Kentucky Concealed Carry Coalition, Inc. (KC3) filed a lawsuit under a state law preventing municipalities from implementing gun control ordinances. Pikeville’s notices informed people that possession of a firearm while on school property violated federal law. The act defines a school zone as on the grounds of a school, whether private, public or parochial or within 1,000 feet of a school. After the US Supreme Court’s decision in US v. Lopez, the act was amended to only apply to firearms that affect interstate commerce. 

KC3 challenged the prohibition on firearms at a city arena, an athletic complex, a city park and an RV park. The city claims that each of the locations are within a federally defined school zones and entitled to protection from firearms. KC3 contends that the prohibition on carrying firearms does not include those with concealed carry permits issued by the state. The lower courts agreed with KC3 and the city appealed to the state’s highest court. 

The city argued that, if the lower court’s opinion is affirmed, anyone with a Kentucky concealed carry permit can have a gun on school grounds and in school zones. The city cited to Kentucky’s concealed carry law, which says that no concealed carry permit allows firearms to be brought where they are federally prohibited. 

Kentucky Supreme Court Justices Nickell, Lambert and Conley released disclosure orders at the end of January informing the parties that they hold concealed carry permits. Justice Christopher Nickell disclosed that in addition to his permit, he is a member of a variety of firearm organizations. The justices all declared that their permit statuses would not influence their decision.

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