UNOFFICIAL COPY 22 RS BR 969
Page 1 of 32
XXXX Jacketed
AN ACT relating to concealed deadly weapons. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. The following KRS section is repealed: 3
237.115 Construction of KRS 237.110 -- Prohibition by local government units of 4
carrying concealed deadly weapons in governmental buildings -- Restriction on 5
criminal penalties. 6
Section 2. KRS 150.172 is amended to read as follows: 7
(1) Any person who is not prohibited by state or federal law from possessing a firearm 8
may carry a firearm and ammunition for that firearm for purposes of self-defense 9
and defense of others while hunting, fishing, trapping, or engaging in any other 10
activity not constituting a crime under KRS Chapter 218A or Chapters 500 to 534, 11
and may do so on any public lands under the control of the department and on any 12
private land under the control of the department, unless the owner of the private 13
land has posted notice that concealed deadly weapons are not allowed in a building 14
where they may be prohibited pursuant to KRS 237.110[ or 237.115]. 15
(2) (a) A person may use a firearm, if he or she is not prohibited by state or federal 16
law from possessing a firearm, or may use any other deadly weapon, at any 17
time and during any season to: 18
1. Kill or attempt to kill an animal, whether protected or unprotected, in 19
self-defense or defense of another person; or 20
2. Kill or attempt to kill an injured animal for humane purposes; and 21
in either event, reports the kill or attempted kill to a conservation officer 22
before midnight of the same day as the kill or attempted kill. 23
(b) An investigation by the department shall be authorized to substantiate and 24
provide evidence on whether the kill or attempted kill of the animal is in 25
violation of paragraph (a) of this subsection or if the animal presents a threat 26
to public health and safety. If no violation is shown to exist, and if there is no 27 UNOFFICIAL COPY 22 RS BR 969
Page 2 of 32
XXXX Jacketed
threat to public health and safety, then the animal or parts thereof shall: 1
1. Remain the property and in the possession of the person taking the 2
animal; or 3
2. If the animal or parts thereof were surrendered to the department, be 4
immediately returned to the person. 5
(c) An arrest shall not be made, except upon a warrant issued by a judge of a 6
court of competent jurisdiction, and a citation shall not be issued by a peace 7
officer if an animal is killed under circumstances described in paragraph (a) of 8
this subsection. 9
(d) A citation may be issued by a peace officer who witnesses the killing of an 10
animal in violation of a statute or federal regulation under circumstances 11
different from those described in paragraph (a) of this subsection. 12
(e) An arrest warrant or a summons may be issued by a judge of a court of 13
competent jurisdiction, upon application of the appropriate county attorney, if 14
the court believes that there is sufficient cause to doubt the claim that the 15
animal was killed under circumstances described in paragraph (a) of this 16
subsection. 17
(3) In cases where an animal is killed and there is a claim that the animal was killed 18
under circumstances described in paragraph (a) of subsection (2) of this section, the 19
department shall provide competent evidence as to how the animal was killed and 20
the circumstances surrounding the event. 21
(4) The department shall not promulgate administrative regulations restricting any right 22
provided by this section or the spirit thereof. 23
(5) This section shall not apply to the killing, wounding, or other prohibited act relating 24
to specific wildlife which are protected by the federal Endangered Species Act, 16 25
U.S.C. secs. 1531 to 1544; federal Migratory Bird Treaty Act, 16 U.S.C. secs. 703 26
to 712; or federal Bald and Golden Eagle Protection Act, 16 U.S.C. secs. 668 to 27 UNOFFICIAL COPY 22 RS BR 969
Page 3 of 32
XXXX Jacketed
668d. 1
(6) The principles contained in KRS Chapter 503 relating to the use of force and deadly 2
force against human beings shall apply to acts where wildlife is involved. 3
Section 3. KRS 237.110 is amended to read as follows: 4
(1) The Department of Kentucky State Police is authorized to issue and renew licenses 5
to carry concealed firearms or other deadly weapons, or a combination thereof, to 6
persons qualified as provided in this section. 7
(2) An original or renewal license issued pursuant to this section shall: 8
(a) Be valid throughout the Commonwealth and, except as provided in this 9
section or other specific section of the Kentucky Revised Statutes or federal 10
law, permit the holder of the license to carry firearms, ammunition, or other 11
deadly weapons, or a combination thereof, at any location in the 12
Commonwealth; 13
(b) Unless revoked or suspended as provided by law, be valid for a period of five 14
(5) years from the date of issuance; 15
(c) Authorize the holder of the license to carry a concealed firearm or other 16
deadly weapon, or a combination thereof, on or about his or her person; and 17
(d) Authorize the holder of the license to carry ammunition for a firearm on or 18
about his or her person. 19
(3) Prior to the issuance of an original or renewal license to carry a concealed deadly 20
weapon, the Department of Kentucky State Police, upon receipt of a completed 21
application, applicable fees, and any documentation required by this section or 22
administrative regulation promulgated by the Department of Kentucky State Police, 23
shall conduct a background check to ascertain whether the applicant is eligible 24
under 18 U.S.C. sec. 922(g) and (n), any other applicable federal law, and state law 25
to purchase, receive, or possess a firearm or ammunition, or both. The background 26
check shall include: 27 UNOFFICIAL COPY 22 RS BR 969
Page 4 of 32
XXXX Jacketed
(a) A state records check covering the items specified in this subsection, together 1
with any other requirements of this section; 2
(b) A federal records check, which shall include a National Instant Criminal 3
Background Check System (NICS) check; 4
(c) A federal Immigration Alien Query if the person is an alien who has been 5
lawfully admitted to the United States by the United States government or an 6
agency thereof; and 7
(d) In addition to the Immigration Alien Query, if the applicant has not been 8
lawfully admitted to the United States under permanent resident status, the 9
Department of Kentucky State Police shall, if a doubt exists relating to an 10
alien's eligibility to purchase a firearm, consult with the United States 11
Department of Homeland Security, United States Department of Justice, 12
United States Department of State, or other federal agency to confirm whether 13
the alien is eligible to purchase a firearm in the United States, bring a firearm 14
into the United States, or possess a firearm in the United States under federal 15
law. 16
(4) The Department of Kentucky State Police shall issue an original or renewal license 17
if the applicant: 18
(a) Is not prohibited from the purchase, receipt, or possession of firearms, 19
ammunition, or both pursuant to 18 U.S.C. 922(g), 18 U.S.C. 922(n), or 20
applicable federal or state law; 21
(b) 1. Is a citizen of the United States who is a resident of this Commonwealth; 22
2. Is a citizen of the United States who is a member of the Armed Forces of 23
the United States who is on active duty, who is at the time of application 24
assigned to a military posting in Kentucky; 25
3. Is lawfully admitted to the United States by the United States 26
government or an agency thereof, is permitted by federal law to purchase 27 UNOFFICIAL COPY 22 RS BR 969
Page 5 of 32
XXXX Jacketed
a firearm, and is a resident of this Commonwealth; or 1
4. Is lawfully admitted to the United States by the United States 2
government or an agency thereof, is permitted by federal law to purchase 3
a firearm, is, at the time of the application, assigned to a military posting 4
in Kentucky, and has been assigned to a posting in the Commonwealth; 5
(c) Is twenty-one (21) years of age or older; 6
(d) Has not been committed to a state or federal facility for the abuse of a 7
controlled substance or been convicted of a misdemeanor violation of KRS 8
Chapter 218A or similar laws of any other state relating to controlled 9
substances, within a three (3) year period immediately preceding the date on 10
which the application is submitted; 11
(e) Does not chronically and habitually use alcoholic beverages as evidenced by 12
the applicant having two (2) or more convictions for violating KRS 189A.010 13
within the three (3) years immediately preceding the date on which the 14
application is submitted, or having been committed as an alcoholic pursuant to 15
KRS Chapter 222 or similar laws of another state within the three (3) year 16
period immediately preceding the date on which the application is submitted; 17
(f) Does not owe a child support arrearage which equals or exceeds the 18
cumulative amount which would be owed after one (1) year of nonpayment, if 19
the Department of Kentucky State Police has been notified of the arrearage by 20
the Cabinet for Health and Family Services; 21
(g) Has complied with any subpoena or warrant relating to child support or 22
paternity proceedings. If the Department of Kentucky State Police has not 23
been notified by the Cabinet for Health and Family Services that the applicant 24
has failed to meet this requirement, the Department of Kentucky State Police 25
shall assume that paternity and child support proceedings are not an issue; 26
(h) Has not been convicted of a violation of KRS 508.030 or 508.080 within the 27 UNOFFICIAL COPY 22 RS BR 969
Page 6 of 32
XXXX Jacketed
three (3) years immediately preceding the date on which the application is 1
submitted. The commissioner of the Department of Kentucky State Police 2
may waive this requirement upon good cause shown and a determination that 3
the applicant is not a danger and that a waiver would not violate federal law; 4
(i) Demonstrates competence with a firearm by successful completion of a 5
firearms safety or training course that is conducted by a firearms instructor 6
who is certified by a national organization with membership open to residents 7
of any state or territory of the United States, which was created to promote 8
firearms education, safety, and the profession of firearms use and training, and 9
to foster professional behavior in its members. The organization shall require 10
members to adhere to its own code of ethics and conduct a program which 11
certifies firearms instructors and includes the use of written tests, in person 12
instruction, and a component of live-fire training. These national 13
organizations shall include but are not limited to the National Rifle 14
Association, the United States Concealed Carry Association, and the National 15
Shooting Sports Foundation. The training requirement may also be fulfilled 16
through any firearms safety course offered or approved by the Department of 17
Criminal Justice Training. The firearms safety course offered or approved by 18
the Department of Criminal Justice Training shall: 19
1. Be not more than eight (8) hours in length; 20
2. Include instruction on handguns, the safe use of handguns, the care and 21
cleaning of handguns, and handgun marksmanship principles; 22
3. Include actual range firing of a handgun in a safe manner, and the firing 23
of not more than twenty (20) rounds at a full-size silhouette target, 24
during which firing, not less than eleven (11) rounds must hit the 25
silhouette portion of the target; and 26
4. Include information on and a copy of laws relating to possession and 27 UNOFFICIAL COPY 22 RS BR 969
Page 7 of 32
XXXX Jacketed
carrying of firearms, as set forth in KRS Chapters 237 and 527, and the 1
laws relating to the use of force, as set forth in KRS Chapter 503; and 2
(j) Demonstrates knowledge of the law regarding the justifiable use of force by 3
including with the application a copy of the concealed carry deadly weapons 4
legal handout made available by the Department of Criminal Justice Training 5
and a signed statement that indicates that applicant has read and understands 6
the handout. 7
(5) (a) A legible photocopy or electronic copy of a certificate of completion issued by 8
a firearms instructor certified by a national organization or the Department of 9
Criminal Justice Training shall constitute evidence of qualification under 10
subsection (4)(i) of this section. 11
(b) Persons qualifying under subsection (6)(d) of this section may submit with 12
their application: 13
1. At least one (1) of the following paper or electronic forms or their 14
successor forms showing evidence of handgun training or handgun 15
qualifications: 16
a. Department of Defense Form DD 2586; 17
b. Department of Defense Form DD 214; 18
c. Coast Guard Form CG 3029; 19
d. Department of the Army Form DA 88-R; 20
e. Department of the Army Form DA 5704-R; 21
f. Department of the Navy Form OPNAV 3591-1; or 22
g. Department of the Air Force Form AF 522; or 23
2. a. Documentary evidence of an honorable discharge; and 24
b. A notarized affidavit on a form provided by the Department of 25
Kentucky State Police, signed under penalty of perjury, stating the 26
person has met the training requirements of subsection (6)(d) of 27 UNOFFICIAL COPY 22 RS BR 969
Page 8 of 32
XXXX Jacketed
this section. 1
(6) (a) Peace officers who are currently certified as peace officers by the Kentucky 2
Law Enforcement Council pursuant to KRS 15.380 to 15.404 and peace 3
officers who are retired and are members of the Kentucky Employees 4
Retirement System, State Police Retirement System, or County Employees 5
Retirement System or other retirement system operated by or for a city, 6
county, or urban-county in Kentucky shall be deemed to have met the training 7
requirement. 8
(b) Current and retired peace officers of the following federal agencies shall be 9
deemed to have met the training requirement: 10
1. Any peace officer employed by a federal agency specified in KRS 11
61.365; 12
2. Any peace officer employed by a federal civilian law enforcement 13
agency not specified above who has successfully completed the basic 14
law enforcement training course required by that agency; 15
3. Any military peace officer of the United States Army, Navy, Marine 16
Corps, or Air Force, or a reserve component thereof, or of the Army 17
National Guard or Air National Guard who has successfully completed 18
the military law enforcement training course required by that branch of 19
the military; 20
4. Any member of the United States Coast Guard serving in a peace officer 21
role who has successfully completed the law enforcement training 22
course specified by the United States Coast Guard. 23
(c) Corrections officers who are currently employed by a consolidated local 24
government, an urban-county government, or the Department of Corrections 25
who have successfully completed a basic firearms training course required for 26
their employment, and corrections officers who were formerly employed by a 27 UNOFFICIAL COPY 22 RS BR 969
Page 9 of 32
XXXX Jacketed
consolidated local government, an urban-county government, or the 1
Department of Corrections who are retired, and who successfully completed a 2
basic firearms training course required for their employment, and are members 3
of a state-administered retirement system or other retirement system operated 4
by or for a city, county, or urban-county government in Kentucky shall be 5
deemed to have met the training requirement. 6
(d) Active or honorably discharged service members in the United States Army, 7
Navy, Marine Corps, Air Force, or Coast Guard, or a reserve component 8
thereof, or of the Army National Guard or Air National Guard shall be 9
deemed to have met the training requirement if these persons: 10
1. Successfully completed handgun training which was conducted by the 11
United States Army, Navy, Marine Corps, Air Force, or Coast Guard, or 12
a reserve component thereof, or of the Army National Guard or Air 13
National Guard; or 14
2. Successfully completed handgun qualification within the United States 15
Army, Navy, Marine Corps, Air Force, or Coast Guard, or a reserve 16
component thereof, or of the Army Guard or Air Force National Guard. 17
(7) (a) 1. A paper application for a license, or renewal of a license, to carry a 18
concealed deadly weapon shall be obtained from and submitted to the 19
office of the sheriff in the county in which the person resides. 20
2. An applicant, in lieu of a paper application, may submit an electronic 21
application for a license, or renewal of a license, to carry a concealed 22
deadly weapon to the Department of Kentucky State Police. 23
3. Persons qualifying under subsection (6)(d) of this section shall be 24
supplied the information in subsection (4)(i)4. of this section upon 25
obtaining an application. 26
(b) 1. The completed paper application and any documentation required by this 27 UNOFFICIAL COPY 22 RS BR 969
Page 10 of 32
XXXX Jacketed
section plus an application fee or renewal fee, as appropriate, of sixty 1
dollars ($60) shall be presented to the office of the sheriff of the county 2
in which the applicant resides. 3
2. The sheriff shall transmit the paper application and accompanying 4
material to the Department of Kentucky State Police within five (5) 5
working days. 6
3. Twenty dollars ($20) of the paper application fee shall be retained by the 7
office of the sheriff for official expenses of the office. Twenty dollars 8
($20) shall be sent to the Department of Kentucky State Police with the 9
application. Ten dollars ($10) shall be transmitted by the sheriff to the 10
Administrative Office of the Courts to fund background checks for 11
youth leaders, and ten dollars ($10) shall be transmitted to the 12
Administrative Office of the Courts to fund background checks for 13
applicants for concealed weapons. 14
(c) 1. A completed electronic application submitted in lieu of a paper 15
application, any documentation required by this section, and an 16
application fee or renewal fee, as appropriate, of seventy dollars ($70) 17
shall be presented to the Department of Kentucky State Police. 18
2. If an electronic application is submitted in lieu of a paper application, 19
thirty dollars ($30) of the electronic application fee shall be retained by 20
the Department of Kentucky State Police. Twenty dollars ($20) shall be 21
sent to the office of the sheriff of the applicant's county of residence for 22
official expenses of the office. Ten dollars ($10) shall be transmitted to 23
the Administrative Office of the Courts to fund background checks for 24
youth leaders, and ten dollars ($10) shall be transmitted to the 25
Administrative Office of the Courts to fund background checks for 26
applicants for concealed weapon carry permits. 27 UNOFFICIAL COPY 22 RS BR 969
Page 11 of 32
XXXX Jacketed
(d) A full-time or part-time peace officer who is currently certified as a peace 1
officer by the Kentucky Law Enforcement Council and who is authorized by 2
his or her employer or government authority to carry a concealed deadly 3
weapon at all times and all locations within the Commonwealth pursuant to 4
KRS 527.020, or a retired peace officer who is a member of the Kentucky 5
Employees Retirement System, State Police Retirement System, County 6
Employees Retirement System, or other retirement system operated by or for a 7
city, county, or urban-county government in Kentucky, shall be exempt from 8
paying the paper or electronic application or renewal fees. 9
(e) The application, whether paper or electronic, shall be completed, under oath, 10
on a form or in a manner promulgated by the Department of Kentucky State 11
Police by administrative regulation which shall include: 12
1. a. The name, address, place and date of birth, citizenship, gender, 13
Social Security number of the applicant; and 14
b. If not a citizen of the United States, alien registration number if 15
applicable, passport number, visa number, mother's maiden name, 16
and other information necessary to determine the immigration 17
status and eligibility to purchase a firearm under federal law of a 18
person who is not a citizen of the United States; 19
2. A statement that, to the best of his or her knowledge, the applicant is in 20
compliance with criteria contained within subsections (3) and (4) of this 21
section; 22
3. A statement that the applicant, if qualifying under subsection (6)(c) of 23
this section, has provided: 24
a. At least one (1) of the forms listed in subsection (5) of this section; 25
or 26
b. i. Documentary evidence of an honorable discharge; and 27 UNOFFICIAL COPY 22 RS BR 969
Page 12 of 32
XXXX Jacketed
ii. A notarized affidavit on a form provided by the Department 1
of Kentucky State Police stating the person has met the 2
training requirements of subsection (6)(c) of this section; 3
4. A statement that the applicant has been furnished a copy of this section 4
and is knowledgeable about its provisions; 5
5. A statement that the applicant has been furnished a copy of, has read, 6
and understands KRS Chapter 503 as it pertains to the use of deadly 7
force for self-defense in Kentucky; and 8
6. A conspicuous warning that the application is executed under oath and 9
that a materially false answer to any question, or the submission of any 10
materially false document by the applicant, subjects the applicant to 11
criminal prosecution under KRS 523.030. 12
(8) The applicant shall submit to the sheriff of the applicant's county of residence or 13
county of military posting if submitting a paper application, or to the Department of 14
Kentucky State Police if submitting an electronic application: 15
(a) A completed application as described in subsection (7) of this section; 16
(b) A recent color photograph of the applicant, as prescribed by administrative 17
regulation; 18
(c) A paper or electronic certificate or an affidavit or document as described in 19
subsection (5) of this section; 20
(d) A paper or electronic document establishing the training exemption as 21
described in subsection (6) of this section; and 22
(e) For an applicant who is not a citizen of the United States and has been 23
lawfully admitted to the United States by the United States government or an 24
agency thereof, an affidavit as prescribed by administrative regulation 25
concerning his or her immigration status and his or her United States 26
government issued: 27 UNOFFICIAL COPY 22 RS BR 969
Page 13 of 32
XXXX Jacketed
1. Permanent Resident Card I-551 or its equivalent successor 1
identification; 2
2. Other United States government issued evidence of lawful admission to 3
the United States which includes the category of admission, if admission 4
has not been granted as a permanent resident; and 5
3. Evidence of compliance with the provisions of 18 U.S.C. sec. 922(g)(5), 6
18 U.S.C. sec. 922(d)(5), or 18 U.S.C. sec. 922(y)(2), and 27 C.F.R. Part 7
178, including, as appropriate, but not limited to evidence of ninety (90) 8
day residence in the Commonwealth, a valid current Kentucky hunting 9
license if claiming exemption as a hunter, or other evidence of eligibility 10
to purchase a firearm by an alien which is required by federal law or 11
regulation. 12
If an applicant presents identification specified in this paragraph, the sheriff 13
shall examine the identification, may record information from the 14
identification presented, and shall return the identification to the applicant. 15
(9) The Department of Kentucky State Police shall, within sixty (60) days after the date 16
of receipt of the items listed in subsection (8) of this section if the applicant 17
submitted a paper application, or within fifteen (15) business days after the date of 18
receipt of the items listed in subsection (8) of this section if the applicant applied 19
electronically, either: 20
(a) Issue the license; or 21
(b) Deny the application based solely on the grounds that the applicant fails to 22
qualify under the criteria listed in subsection (3) or (4) of this section. If the 23
Department of Kentucky State Police denies the application, it shall notify the 24
applicant in writing, stating the grounds for denial and informing the applicant 25
of a right to submit, within thirty (30) days, any additional documentation 26
relating to the grounds of denial. Upon receiving any additional 27 UNOFFICIAL COPY 22 RS BR 969
Page 14 of 32
XXXX Jacketed
documentation, the Department of Kentucky State Police shall reconsider its 1
decision and inform the applicant within twenty (20) days of the result of the 2
reconsideration. The applicant shall further be informed of the right to seek de 3
novo review of the denial in the District Court of his or her place of residence 4
within ninety (90) days from the date of the letter advising the applicant of the 5
denial. 6
(10) The Department of Kentucky State Police shall maintain an automated listing of 7
license holders and pertinent information, and this information shall be available 8
upon request, at all times to all Kentucky, federal, and other states' law enforcement 9
agencies. A request for the entire list of licensees, or for all licensees in a 10
geographic area, shall be denied. Only requests relating to a named licensee shall be 11
honored or available to law enforcement agencies. Information on applications for 12
licenses, names and addresses, or other identifying information relating to license 13
holders shall be confidential and shall not be made available except to law 14
enforcement agencies. No request for lists of local or statewide permit holders shall 15
be made to any state or local law enforcement agency, peace officer, or other agency 16
of government other than the Department of Kentucky State Police, and no state or 17
local law enforcement agency, peace officer, or agency of government, other than 18
the Department of Kentucky State Police, shall provide any information to any 19
requester not entitled to it by law. 20
(11) Within thirty (30) days after the changing of a permanent address, or within thirty 21
(30) days after the loss, theft, or destruction of a license, the licensee shall notify the 22
Department of Kentucky State Police of the loss, theft, or destruction. Failure to 23
notify the Department of Kentucky State Police shall constitute a noncriminal 24
violation with a penalty of twenty-five dollars ($25) payable to the clerk of the 25
District Court. No court costs shall be assessed for a violation of this subsection. 26
When a licensee makes application to change his or her residence address or other 27 UNOFFICIAL COPY 22 RS BR 969
Page 15 of 32
XXXX Jacketed
information on the license, neither the sheriff nor the Department of Kentucky State 1
Police shall require a surrender of the license until a new license is in the office of 2
the applicable sheriff and available for issuance. Upon the issuance of a new 3
license, the old license shall be destroyed by the sheriff. 4
(12) If a license is lost, stolen, or destroyed, the license shall be automatically invalid, 5
and the person to whom the same was issued may, upon payment of fifteen dollars 6
($15) for a paper request, or twenty-five dollars ($25) for an electronic request 7
submitted in lieu of a paper request, to the Department of Kentucky State Police, 8
obtain a duplicate, upon furnishing a notarized statement to the Department of 9
Kentucky State Police that the license has been lost, stolen, or destroyed. 10
(13) (a) The commissioner of the Department of Kentucky State Police, or his or her 11
designee in writing, shall revoke the license of any person who becomes 12
permanently ineligible to be issued a license or have a license renewed under 13
the criteria set forth in this section. 14
(b) The commissioner of the Department of Kentucky State Police, or his or her 15
designee in writing, shall suspend the license of any person who becomes 16
temporarily ineligible to be issued a license or have a license renewed under 17
the criteria set forth in this section. The license shall remain suspended until 18
the person is again eligible for the issuance or renewal of a license. 19
(c) Upon the suspension or revocation of a license, the commissioner of the 20
Department of Kentucky State Police, or his or her designee in writing, shall: 21
1. Order any peace officer to seize the license from the person whose 22
license was suspended or revoked; or 23
2. Direct the person whose license was suspended or revoked to surrender 24
the license to the sheriff of the person's county of residence within two 25
(2) business days of the receipt of the notice. 26
(d) If the person whose license was suspended or revoked desires a hearing on the 27 UNOFFICIAL COPY 22 RS BR 969
Page 16 of 32
XXXX Jacketed
matter, the person shall surrender the license as provided in paragraph (c)2. of 1
this subsection and petition the commissioner of the Department of Kentucky 2
State Police to hold a hearing on the issue of suspension or revocation of the 3
license. 4
(e) Upon receipt of the petition, the commissioner of the Department of Kentucky 5
State Police shall cause a hearing to be held in accordance with KRS Chapter 6
13B on the suspension or revocation of the license. If the license has not been 7
surrendered, no hearing shall be scheduled or held. 8
(f) If the hearing officer determines that the licensee's license was wrongly 9
suspended or revoked, the hearing officer shall order the commissioner of the 10
Department of Kentucky State Police to return the license and abrogate the 11
suspension or revocation of the license. 12
(g) Any party may appeal a decision pursuant to this subsection to the District 13
Court in the licensee's county of residence in the same manner as for the 14
denial of a license. 15
(h) If the license is not surrendered as ordered, the commissioner of the 16
Department of Kentucky State Police shall order a peace officer to seize the 17
license and deliver it to the commissioner. 18
(i) Failure to surrender a suspended or revoked license as ordered is a Class A 19
misdemeanor. 20
(j) The provisions of this subsection relating to surrender of a license shall not 21
apply if a court of competent jurisdiction has enjoined its surrender. 22
(k) When a domestic violence order or emergency protective order is issued 23
pursuant to the provisions of KRS Chapter 403 against a person holding a 24
license issued under this section, the holder of the permit shall surrender the 25
license to the court or to the officer serving the order. The officer to whom the 26
license is surrendered shall forthwith transmit the license to the court issuing 27 UNOFFICIAL COPY 22 RS BR 969
Page 17 of 32
XXXX Jacketed
the order. The license shall be suspended until the order is terminated, or until 1
the judge who issued the order terminates the suspension prior to the 2
termination of the underlying domestic violence order or emergency protective 3
order, in writing and by return of the license, upon proper motion by the 4
license holder. Subject to the same conditions as above, a peace officer against 5
whom an emergency protective order or domestic violence order has been 6
issued shall not be permitted to carry a concealed deadly weapon when not on 7
duty, the provisions of KRS 527.020 to the contrary notwithstanding. 8
(14) (a) Not less than one hundred twenty (120) days prior to the expiration date of the 9
license, the Department of Kentucky State Police shall mail to each licensee a 10
written notice of the expiration and a renewal form prescribed by the 11
Department of Kentucky State Police. The outside of the envelope containing 12
the license renewal notice shall bear only the name and address of the 13
applicant. No other information relating to the applicant shall appear on the 14
outside of the envelope sent to the applicant. The licensee may renew his or 15
her license on or before the expiration date by filing with the sheriff of his or 16
her county of residence the paper renewal form, or by filing with the 17
Department of Kentucky State Police an electronic renewal form in lieu of a 18
paper renewal form, stating that the licensee remains qualified pursuant to the 19
criteria specified in subsections (3) and (4) of this section, and the required 20
renewal fee set forth in subsection (7) of this section. The sheriff shall issue to 21
the applicant a receipt for the paper application for renewal of the license and 22
shall date the receipt. The Department of Kentucky State Police shall issue to 23
the applicant a receipt for an electronic application for renewal of the license 24
submitted in lieu of a paper application for renewal and shall date the receipt. 25
(b) A license which has expired shall be void and shall not be valid for any 26
purpose other than surrender to the sheriff in exchange for a renewal license. 27 UNOFFICIAL COPY 22 RS BR 969
Page 18 of 32
XXXX Jacketed
(c) The license shall be renewed to a qualified applicant upon receipt of the 1
completed renewal application, records check as specified in subsection (3) of 2
this section, determination that the renewal applicant is not ineligible for a 3
license as specified in subsection (4), and appropriate payment of fees. Upon 4
the issuance of a new license, the old license shall be destroyed by the sheriff. 5
A licensee who fails to file a renewal application on or before its expiration 6
date may renew his or her license by paying, in addition to the license fees, a 7
late fee of fifteen dollars ($15). No license shall be renewed six (6) months or 8
more after its expiration date, and the license shall be deemed to be 9
permanently expired six (6) months after its expiration date. A person whose 10
license has permanently expired may reapply for licensure pursuant to 11
subsections (7), (8), and (9) of this section. 12
(15) The licensee shall carry the license at all times the licensee is carrying a concealed 13
firearm or other deadly weapon and shall display the license upon request of a law 14
enforcement officer. Violation of the provisions of this subsection shall constitute a 15
noncriminal violation with a penalty of twenty-five dollars ($25), payable to the 16
clerk of the District Court, but no court costs shall be assessed. 17
(16) Except as provided in KRS 527.020, no license issued pursuant to this section shall 18
authorize any person to carry a concealed firearm into: 19
(a) Any police station or sheriff's office; 20
(b) Any detention facility, prison, or jail; 21
(c) Any courthouse, solely occupied by the Court of Justice courtroom, or court 22
proceeding; 23
(d) Any meeting of the governing body of a county, municipality, or special 24
district; or any meeting of the General Assembly or a committee of the 25
General Assembly, except that nothing in this section shall preclude a member 26
of the body, holding a concealed deadly weapon license, from carrying a 27 UNOFFICIAL COPY 22 RS BR 969
Page 19 of 32
XXXX Jacketed
concealed deadly weapon at a meeting of the body of which he or she is a 1
member; 2
(e) Any portion of an establishment licensed to dispense beer or alcoholic 3
beverages for consumption on the premises, which portion of the 4
establishment is primarily devoted to that purpose; 5
(f) Any elementary or secondary school facility without the consent of school 6
authorities as provided in KRS 527.070, any child-caring facility as defined in 7
KRS 199.011, any day-care center as defined in KRS 199.894, or any certified 8
family child-care home as defined in KRS 199.8982, except however, any 9
owner of a certified child-care home may carry a concealed firearm into the 10
owner's residence used as a certified child-care home; 11
(g) An area of an airport to which access is controlled by the inspection of 12
persons and property; or 13
(h) Any place where the carrying of firearms is prohibited by federal law. 14
(17) The owner, business or commercial lessee, or manager of a private business 15
enterprise, day-care center as defined in KRS 199.894 or certified or licensed family 16
child-care home as defined in KRS 199.8982, or a health-care facility licensed 17
under KRS Chapter 216B, except facilities renting or leasing housing, may prohibit 18
persons holding concealed deadly weapon licenses from carrying concealed deadly 19
weapons on the premises and may prohibit employees, not authorized by the 20
employer, holding concealed deadly weapons licenses from carrying concealed 21
deadly weapons on the property of the employer. If the building or the premises are 22
open to the public, the employer or business enterprise shall post signs on or about 23
the premises if carrying concealed weapons is prohibited. Possession of weapons, or 24
ammunition, or both in a vehicle on the premises shall not be a criminal offense so 25
long as the weapons, or ammunition, or both are not removed from the vehicle or 26
brandished while the vehicle is on the premises. A private but not a public employer 27 UNOFFICIAL COPY 22 RS BR 969
Page 20 of 32
XXXX Jacketed
may prohibit employees or other persons holding a concealed deadly weapons 1
license from carrying concealed deadly weapons, or ammunition, or both in vehicles 2
owned by the employer, but may not prohibit employees or other persons holding a 3
concealed deadly weapons license from carrying concealed deadly weapons, or 4
ammunition, or both in vehicles owned by the employee, except that the Justice and 5
Public Safety Cabinet may prohibit an employee from carrying any weapons, or 6
ammunition, or both other than the weapons, or ammunition, or both issued or 7
authorized to be used by the employee of the cabinet, in a vehicle while transporting 8
persons under the employee's supervision or jurisdiction. Carrying of a concealed 9
weapon, or ammunition, or both in a location specified in this subsection by a 10
license holder shall not be a criminal act but may subject the person to denial from 11
the premises or removal from the premises, and, if an employee of an employer, 12
disciplinary measures by the employer. 13
(18) All moneys collected by the Department of Kentucky State Police pursuant to this 14
section shall be used to administer the provisions of this section and KRS 237.138 15
to 237.142. By March 1 of each year, the Department of Kentucky State Police and 16
the Administrative Office of the Courts shall submit reports to the Governor, the 17
President of the Senate, and the Speaker of the House of Representatives, indicating 18
the amounts of money collected and the expenditures related to this section, KRS 19
237.138 to 237.142,[ and KRS 237.115,] 244.125, 527.020, and 527.070, and the 20
administration of the provisions of this section, KRS 237.138 to 237.142,[ and KRS 21
237.115,] 244.125, 527.020, and 527.070. 22
(19) The General Assembly finds as a matter of public policy that it is necessary to 23
provide statewide uniform standards for issuing licenses to carry concealed firearms 24
and to occupy the field of regulation of the bearing of concealed firearms to ensure 25
that no person who qualifies under the provisions of this section is denied his rights. 26
The General Assembly does not delegate to the Department of Kentucky State 27 UNOFFICIAL COPY 22 RS BR 969
Page 21 of 32
XXXX Jacketed
Police the authority to regulate or restrict the issuing of licenses provided for in this 1
section beyond those provisions contained in this section. This section shall be 2
liberally construed to carry out the constitutional right to bear arms for self-defense. 3
(20) (a) A person who is not a resident of Kentucky and who has a valid license issued 4
by another state of the United States to carry a concealed deadly weapon in 5
that state may, subject to provisions of Kentucky law, carry a concealed 6
deadly weapon in Kentucky, and his or her license shall be considered as valid 7
in Kentucky. 8
(b) If a person with a valid license to carry a concealed deadly weapon issued 9
from another state that has entered into a reciprocity agreement with the 10
Department of Kentucky State Police becomes a resident of Kentucky, the 11
license issued by the other state shall be considered as valid for the first one 12
hundred twenty (120) days of the person's residence in Kentucky, if within 13
sixty (60) days of moving to Kentucky, the person completes a form 14
promulgated by the Department of Kentucky State Police which shall include: 15
1. A signed and notarized statement averring that to the best of his or her 16
knowledge the person's license to carry a concealed deadly weapon is 17
valid and in compliance with applicable out-of-state law, and has not 18
been revoked or suspended for any reason except for valid forfeiture due 19
to departure from the issuing state; 20
2. The person's name, date of birth, citizenship, gender, Social Security 21
number if applicable, proof that he or she is a citizen of the United 22
States, a permanent resident of the United States, or otherwise lawfully 23
present in the United States, former out-of-state address, current address 24
within the state of Kentucky, date on which Kentucky residence began, 25
state which issued the concealed carry license, the issuing state's 26
concealed carry license number, and the state of issuance of license; and 27 UNOFFICIAL COPY 22 RS BR 969
Page 22 of 32
XXXX Jacketed
3. A photocopy of the person's out-of-state license to carry a concealed 1
deadly weapon. 2
(c) Within sixty (60) days of moving to Kentucky, the person shall deliver the 3
form and accompanying documents by registered or certified mail, return 4
receipt requested, to the address indicated on the form provided by the 5
Department of Kentucky State Police pursuant to this subsection. 6
(d) The out-of-state concealed carry license shall become invalid in Kentucky 7
upon the earlier of: 8
1. The out-of-state person having resided in Kentucky for more than one 9
hundred twenty (120) days; or 10
2. The person being issued a Kentucky concealed deadly weapon license 11
pursuant to this section. 12
(e) The Department of Kentucky State Police shall, not later than thirty (30) days 13
after July 15, 1998, and not less than once every twelve (12) months 14
thereafter, make written inquiry of the concealed deadly weapon carrying 15
licensing authorities in each other state as to whether a Kentucky resident may 16
carry a concealed deadly weapon in their state based upon having a valid 17
Kentucky concealed deadly weapon license, or whether a Kentucky resident 18
may apply for a concealed deadly weapon carrying license in that state based 19
upon having a valid Kentucky concealed deadly weapon license. The 20
Department of Kentucky State Police shall attempt to secure from each other 21
state permission for Kentucky residents who hold a valid Kentucky concealed 22
deadly weapon license to carry concealed deadly weapons in that state, either 23
on the basis of the Kentucky license or on the basis that the Kentucky license 24
is sufficient to permit the issuance of a similar license by the other state. The 25
Department of Kentucky State Police shall enter into a written reciprocity 26
agreement with the appropriate agency in each state that agrees to permit 27 UNOFFICIAL COPY 22 RS BR 969
Page 23 of 32
XXXX Jacketed
Kentucky residents to carry concealed deadly weapons in the other state on the 1
basis of a Kentucky-issued concealed deadly weapon license or that will issue 2
a license to carry concealed deadly weapons in the other state based upon a 3
Kentucky concealed deadly weapon license. If a reciprocity agreement is 4
reached, the requirement to recontact the other state each twelve (12) months 5
shall be eliminated as long as the reciprocity agreement is in force. The 6
information shall be a public record and shall be available to individual 7
requesters free of charge for the first copy and at the normal rate for open 8
records requests for additional copies. 9
(21) By March 1 of each year, the Department of Kentucky State Police shall submit a 10
statistical report to the Governor, the President of the Senate, and the Speaker of the 11
House of Representatives, indicating the number of licenses issued, revoked, 12
suspended, and denied since the previous report and in total and also the number of 13
licenses currently valid. The report shall also include the number of arrests, 14
convictions, and types of crimes committed since the previous report by individuals 15
licensed to carry concealed weapons. 16
(22) The following provisions shall apply to concealed deadly weapon training classes 17
conducted by the Department of Criminal Justice Training or any other agency 18
pursuant to this section: 19
(a) No concealed deadly weapon instructor trainer shall have his or her 20
certification as a concealed deadly weapon instructor trainer reduced to that of 21
instructor or revoked except after a hearing conducted pursuant to KRS 22
Chapter 13B in which the instructor is found to have committed an act in 23
violation of the applicable statutes or administrative regulations; 24
(b) No concealed deadly weapon instructor shall have his or her certification as a 25
concealed deadly weapon instructor license suspended or revoked except after 26
a hearing conducted pursuant to KRS Chapter 13B in which the instructor is 27 UNOFFICIAL COPY 22 RS BR 969
Page 24 of 32
XXXX Jacketed
found to have committed an act in violation of the applicable statutes or 1
administrative regulations; 2
(c) The department shall not require prior notification that an applicant class or 3
instructor class will be conducted by a certified instructor or instructor trainer; 4
(d) Each concealed deadly weapon instructor or instructor trainer who teaches a 5
concealed deadly weapon applicant or concealed deadly weapon instructor 6
class shall supply the Department of Criminal Justice Training with a class 7
roster indicating which students enrolled and successfully completed the class, 8
and which contains the name and address of each student, within five (5) 9
working days of the completion of the class. The information may be sent by 10
mail, facsimile, e-mail, or other method which will result in the receipt of or 11
production of a hard copy of the information. The postmark, facsimile date, or 12
e-mail date shall be considered as the date on which the notice was sent. 13
Concealed deadly weapon class applicant, instructor, and instructor trainer 14
information and records shall be confidential. The department may release to 15
any person or organization the name, address, and telephone number of a 16
concealed deadly weapon instructor or instructor trainer if that instructor or 17
instructor trainer authorizes the release of the information in writing. The 18
department shall include on any application for an instructor or instructor 19
trainer certification a statement that the applicant either does or does not 20
desire the applicant's name, address, and telephone number to be made public; 21
(e) An instructor trainer who assists in the conduct of a concealed deadly weapon 22
instructor class or concealed deadly weapon applicant class for more than two 23
(2) hours shall be considered as to have taught a class for the purpose of 24
maintaining his or her certification. All class record forms shall include spaces 25
for assistant instructors to sign and certify that they have assisted in the 26
conduct of a concealed deadly weapon instructor or concealed deadly weapon 27 UNOFFICIAL COPY 22 RS BR 969
Page 25 of 32
XXXX Jacketed
class; 1
(f) An instructor who assists in the conduct of a concealed deadly weapon 2
applicant class for more than two (2) hours shall be considered as to have 3
taught a class for the purpose of maintaining his or her license. All class 4
record forms shall include spaces for assistant instructors to sign and certify 5
that they have assisted in the conduct of a concealed deadly weapon class; 6
(g) If the Department of Criminal Justice Training believes that a firearms 7
instructor trainer or certified firearms instructor has not in fact complied with 8
the requirements for teaching a certified firearms instructor or applicant class 9
by not teaching the class as specified in KRS 237.126, or who has taught an 10
insufficient class as specified in KRS 237.128, the department shall send to 11
each person who has been listed as successfully completing the concealed 12
deadly weapon applicant class or concealed deadly weapon instructor class a 13
verification form on which the time, date, date of range firing if different from 14
the date on which the class was conducted, location, and instructor of the class 15
is listed by the department and which requires the person to answer "yes" or 16
"no" to specific questions regarding the conduct of the training class. The 17
form shall be completed under oath and shall be returned to the Department of 18
Criminal Justice Training not later than forty-five (45) days after its receipt. A 19
person who fails to complete the form, to sign the form, or to return the form 20
to the Department of Criminal Justice Training within the time frame 21
specified in this section or who, as a result of information on the returned 22
form, is determined by the Department of Criminal Justice Training, following 23
a hearing pursuant to KRS Chapter 13B, to not have received the training 24
required by law shall have his or her concealed deadly weapon license 25
revoked by the Department of Kentucky State Police, following a hearing 26
conducted by the Department of Criminal Justice Training pursuant to KRS 27 UNOFFICIAL COPY 22 RS BR 969
Page 26 of 32
XXXX Jacketed
Chapter 13B, at which hearing the person is found to have violated the 1
provisions of this section or who has been found not to have received the 2
training required by law; 3
(h) The department shall annually, not later than December 31 of each year, report 4
to the Legislative Research Commission: 5
1. The number of firearms instructor trainers and certified firearms 6
instructors whose certifications were suspended, revoked, denied, or 7
who were otherwise disciplined; 8
2. The reasons for the imposition of suspensions, revocations, denials, or 9
other discipline; and 10
3. Suggestions for improvement of the concealed deadly weapon applicant 11
training program and instructor process; 12
(i) If a concealed deadly weapon license holder is convicted of, pleads guilty to, 13
or enters an Alford plea to a felony offense, then his or her concealed deadly 14
weapon license shall be forthwith revoked by the Department of Kentucky 15
State Police as a matter of law; 16
(j) If a concealed deadly weapon instructor or instructor trainer is convicted of, 17
pleads guilty to, or enters an Alford plea to a felony offense, then his or her 18
concealed deadly weapon instructor certification or concealed deadly weapon 19
instructor trainer certification shall be revoked by the Department of Criminal 20
Justice Training as a matter of law; and 21
(k) The following shall be in effect: 22
1. Action to eliminate the firearms instructor trainer program is prohibited. 23
The program shall remain in effect, and no firearms instructor trainer 24
shall have his or her certification reduced to that of certified firearms 25
instructor; 26
2. The Department of Kentucky State Police shall revoke the concealed 27 UNOFFICIAL COPY 22 RS BR 969
Page 27 of 32
XXXX Jacketed
deadly weapon license of any person who received no firearms training 1
as required by KRS 237.126 and administrative regulations, or who 2
received insufficient training as required by KRS 237.128 and 3
administrative regulations, if the person voluntarily admits nonreceipt of 4
training or admits receipt of insufficient training, or if either nonreceipt 5
of training or receipt of insufficient training is proven following a 6
hearing conducted by the Department of Criminal Justice Training 7
pursuant to KRS Chapter 13B. 8
Section 4. KRS 527.020 is amended to read as follows: 9
(1) A person is guilty of carrying a concealed weapon when he or she carries concealed 10
a firearm or other deadly weapon on or about his or her person in violation of this 11
section. 12
(2) Peace officers and certified court security officers, when necessary for their 13
protection in the discharge of their official duties; United States mail carriers when 14
actually engaged in their duties; and agents and messengers of express companies, 15
when necessary for their protection in the discharge of their official duties, may 16
carry concealed weapons on or about their person. 17
(3) The director of the Division of Law Enforcement in the Department of Fish and 18
Wildlife Resources, conservation officers of the Department of Fish and Wildlife 19
Resources, and policemen directly employed by state, county, city, or urban-county 20
governments may carry concealed deadly weapons on or about their person at all 21
times within the Commonwealth of Kentucky, when expressly authorized to do so 22
by law or by the government employing the officer. 23
(4) Persons carrying concealed weapons in accordance with KRS 237.109 or licensed to 24
carry a concealed deadly weapon pursuant to KRS 237.110 may carry a concealed 25
firearm or other concealed deadly weapon on or about their persons at all times 26
within the Commonwealth of Kentucky, if the firearm or concealed deadly weapon 27 UNOFFICIAL COPY 22 RS BR 969
Page 28 of 32
XXXX Jacketed
is carried in conformity with the requirements of KRS 237.109 or 237.110. Unless 1
otherwise specifically provided by the Kentucky Revised Statutes or applicable 2
federal law, no criminal penalty shall attach to carrying a concealed firearm or other 3
deadly weapon at any location at which an unconcealed firearm or other deadly 4
weapon may be constitutionally carried. No person or organization, public or 5
private, shall prohibit a person from possessing a firearm, ammunition, or both, or 6
other deadly weapon in his or her vehicle in compliance with the provisions of KRS 7
237.109 and[,] 237.110[, and 237.115]. Any attempt by a person or organization, 8
public or private, to violate the provisions of this subsection may be the subject of 9
an action for appropriate relief or for damages in a Circuit Court or District Court of 10
competent jurisdiction. 11
(5) (a) The following persons, if they hold a license to carry a concealed deadly 12
weapon pursuant to KRS 237.110 or 237.138 to 237.142, may carry a firearm 13
or other concealed deadly weapon on or about their persons at all times and at 14
all locations within the Commonwealth of Kentucky, without any limitation 15
other than as provided in this subsection: 16
1. A Commonwealth's attorney or assistant Commonwealth's attorney; 17
2. A retired Commonwealth's attorney or retired assistant Commonwealth's 18
attorney; 19
3. A county attorney or assistant county attorney; 20
4. A retired county attorney or retired assistant county attorney; 21
5. A justice or judge of the Court of Justice; 22
6. A retired or senior status justice or judge of the Court of Justice; and 23
7. A retired peace officer who holds a concealed deadly weapon license 24
issued pursuant to the federal Law Enforcement Officers Safety Act, 18 25
U.S.C. sec. 926C, and KRS 237.138 to 237.142. 26
(b) The provisions of this subsection shall not authorize a person specified in this 27 UNOFFICIAL COPY 22 RS BR 969
Page 29 of 32
XXXX Jacketed
subsection to carry a concealed deadly weapon in a detention facility as 1
defined in KRS 520.010 or on the premises of a detention facility without the 2
permission of the warden, jailer, or other person in charge of the facility, or 3
the permission of a person authorized by the warden, jailer, or other person in 4
charge of the detention facility to give such permission. As used in this 5
section, "detention facility" does not include courtrooms, facilities, or other 6
premises used by the Court of Justice or administered by the Administrative 7
Office of the Courts. 8
(c) A person specified in this section who is issued a concealed deadly weapon 9
license shall be issued a license which bears on its face the statement that it is 10
valid at all locations within the Commonwealth of Kentucky and may have 11
such other identifying characteristics as determined by the Department of 12
Kentucky State Police. 13
(6) (a) Except as provided in this subsection, the following persons may carry 14
concealed deadly weapons on or about their person at all times and at all 15
locations within the Commonwealth of Kentucky: 16
1. An elected sheriff and full-time and part-time deputy sheriffs certified 17
pursuant to KRS 15.380 to 15.404 when expressly authorized to do so 18
by the unit of government employing the officer; 19
2. An elected jailer and a deputy jailer who has successfully completed 20
Department of Corrections basic training and maintains his or her 21
current in-service training when expressly authorized to do so by the 22
jailer; and 23
3. The department head or any employee of a corrections department in any 24
jurisdiction where the office of elected jailer has been merged with the 25
office of sheriff who has successfully completed Department of 26
Corrections basic training and maintains his or her current in-service 27 UNOFFICIAL COPY 22 RS BR 969
Page 30 of 32
XXXX Jacketed
training when expressly authorized to do so by the unit of government 1
by which he or she is employed. 2
(b) The provisions of this subsection shall not authorize a person specified in this 3
subsection to carry a concealed deadly weapon in a detention facility as 4
defined in KRS 520.010 or on the premises of a detention facility without the 5
permission of the warden, jailer, or other person in charge of the facility, or 6
the permission of a person authorized by the warden, jailer, or other person in 7
charge of the detention facility to give such permission. As used in this 8
section, "detention facility" does not include courtrooms, facilities, or other 9
premises used by the Court of Justice or administered by the Administrative 10
Office of the Courts. 11
(7) (a) A full-time paid peace officer of a government agency from another state or 12
territory of the United States or an elected sheriff from another territory of the 13
United States may carry a concealed deadly weapon in Kentucky, on or off 14
duty, if the other state or territory accords a Kentucky full-time paid peace 15
officer and a Kentucky elected sheriff the same rights by law. If the other state 16
or territory limits a Kentucky full-time paid peace officer or elected sheriff to 17
carrying a concealed deadly weapon while on duty, then that same restriction 18
shall apply to a full-time paid peace officer or elected sheriff from that state or 19
territory. 20
(b) The provisions of this subsection shall not authorize a person specified in this 21
subsection to carry a concealed deadly weapon in a detention facility as 22
defined in KRS 520.010 or on the premises of a detention facility without the 23
permission of the warden, jailer, or other person in charge of the facility, or 24
the permission of a person authorized by the warden, jailer, or other person in 25
charge of the detention facility to give such permission. As used in this 26
section, "detention facility" does not include courtrooms, facilities, or other 27 UNOFFICIAL COPY 22 RS BR 969
Page 31 of 32
XXXX Jacketed
premises used by the Court of Justice or administered by the Administrative 1
Office of the Courts. 2
(8) A loaded or unloaded firearm or other deadly weapon shall not be deemed 3
concealed on or about the person if it is located in any enclosed container, 4
compartment, or storage space installed as original equipment in a motor vehicle by 5
its manufacturer, including but not limited to a glove compartment, center console, 6
or seat pocket, regardless of whether said enclosed container, storage space, or 7
compartment is locked, unlocked, or does not have a locking mechanism. No person 8
or organization, public or private, shall prohibit a person from keeping a loaded or 9
unloaded firearm or ammunition, or both, or other deadly weapon in a vehicle in 10
accordance with the provisions of this subsection. Any attempt by a person or 11
organization, public or private, to violate the provisions of this subsection may be 12
the subject of an action for appropriate relief or for damages in a Circuit Court or 13
District Court of competent jurisdiction. This subsection shall not apply to any 14
person prohibited from possessing a firearm pursuant to KRS 527.040. 15
(9) The provisions of this section shall not apply to a person who carries a concealed 16
deadly weapon on or about his or her person: 17
(a) If he or she is the owner of the property or has the permission of the owner of 18
the property, on real property which he or she or his or her spouse, parent, 19
grandparent, or child owns; 20
(b) If he or she is the lessee of the property or has the permission of the lessee of 21
the property, on real property which he or she or his or her spouse, parent, 22
grandparent, or child occupies pursuant to a lease; or 23
(c) If he or she is the sole proprietor of the business, on real property owned or 24
leased by the business. 25
(10) Carrying a concealed weapon is a Class A misdemeanor, unless the defendant has 26
been previously convicted of a felony in which a deadly weapon was possessed, 27 UNOFFICIAL COPY 22 RS BR 969
Page 32 of 32
XXXX Jacketed
used, or displayed, in which case it is a Class D felony. 1