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AN ACT relating to local firearms control and declaring an emergency. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 65.870 is amended to read as follows: 3
A[(1) No existing or future] city, county, urban-county government, charter county, 4
consolidated local government, or unified local government[, special district, local 5
or regional public or quasi-public agency, board, commission, department, public 6
corporation, or any person acting under the authority of any of these organizations] 7
may enact ordinances regulating[occupy any part of the field of regulation of] the 8
manufacture, sale, purchase, taxation, transfer, ownership, possession, carrying, 9
storage, or transportation of firearms, ammunition, components of firearms, 10
components of ammunition, firearms accessories, or combination thereof, but any 11
such ordinance shall not impose a requirement that is less restrictive than state 12
law. 13
[(2) Any existing or future ordinance, executive order, administrative regulation, policy, 14
procedure, rule, or any other form of executive or legislative action in violation of 15
this section or the spirit thereof is hereby declared null, void, and unenforceable. 16
(3) Any person or organization specified in subsection (1) of this section shall repeal, 17
rescind, or amend to conform, any ordinance, administrative regulation, executive 18
order, policy, procedure, rule, or other form of executive or legislative action in 19
violation of this section or the spirit thereof within six (6) months after July 12, 20
2012. 21
(4) Pursuant to Section 231 of the Constitution of Kentucky, insofar as any person or 22
organization specified in subsection (1) of this section is considered an agent of the 23
Commonwealth, it is the intent of the General Assembly to exempt them from any 24
immunity provided in Section 231 of the Constitution of Kentucky to the extent 25
provided in this section. A person or an organization whose membership is 26
adversely affected by any ordinance, administrative regulation, executive order, 27 UNOFFICIAL COPY 22 RS BR 820
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policy, procedure, rule, or any other form of executive or legislative action 1
promulgated or caused to be enforced in violation of this section or the spirit thereof 2
may file suit against any person or organization specified in subsection (1) of this 3
section in any court of this state having jurisdiction over any defendant to the suit 4
for declaratory and injunctive relief. A court shall award the prevailing party in any 5
such suit: 6
(a) Reasonable attorney's fees and costs in accordance with the laws of this state; 7
and 8
(b) Expert witness fees and expenses. 9
(5) If any person or organization specified in subsection (1) of this section violates this 10
section or the spirit thereof, the court shall declare the improper ordinance, 11
administrative regulation, executive order, policy, procedure, rule, or other form of 12
executive or legislative action specified in subsection (1) of this section null, void, 13
and unenforceable, and issue a permanent injunction against the person or 14
organization specified in subsection (1) of this section prohibiting the enforcement 15
of such ordinance, administrative regulation, executive order, policy, procedure, 16
rule, or any other form of executive or legislative action specified in subsection (1) 17
of this section. 18
(6) A violation of this section by a public servant shall be a violation of either KRS 19
522.020 or 522.030, depending on the circumstances of the violation. 20
(7) The provisions of this section shall not apply where a statute specifically authorizes 21
or directs an agency or person specified in subsection (1) of this section to regulate 22
a subject specified in subsection (1) of this section.] 23
Section 2. KRS 237.115 is amended to read as follows: 24
(1) Except as provided in KRS 527.020, nothing contained in KRS 237.109 or 237.110 25
shall be construed to limit, restrict, or prohibit in any manner the right of a college, 26
university, or any postsecondary education facility, including technical schools and 27 UNOFFICIAL COPY 22 RS BR 820
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community colleges, to control the possession of deadly weapons on any property 1
owned or controlled by them or the right of a unit of state, city, county, urban-2
county, or charter county government to prohibit the carrying of concealed deadly 3
weapons in that portion of a building actually owned, leased, or occupied by that 4
unit of government. 5
(2) Except as provided in KRS 527.020, the legislative body of a state, city, county, or 6
urban-county government may, by statute, administrative regulation, or ordinance, 7
prohibit or limit the carrying of concealed deadly weapons in that portion of a 8
building owned, leased, or controlled by that unit of government. That portion of a 9
building in which the carrying of concealed deadly weapons is prohibited or limited 10
shall be clearly identified by signs posted at the entrance to the restricted area. The 11
statute or ordinance shall exempt any building used for public housing by private 12
persons, highway rest areas, firing ranges, and private dwellings owned, leased, or 13
controlled by that unit of government from any restriction on the carrying or 14
possession of deadly weapons. The statute, administrative regulation, or ordinance 15
shall not specify any criminal penalty for its violation but may specify that persons 16
violating the statute or ordinance may be denied entrance to the building, ordered to 17
leave the building, and if employees of the unit of government, be subject to 18
employee disciplinary measures for violation of the provisions of the statute or 19
ordinance. [The provisions of this section shall not be deemed to be a violation of 20
KRS 65.870 if the requirements of this section are followed. ]The provisions of this 21
section shall not apply to any other unit of government. 22
(3) Unless otherwise specifically provided by the Kentucky Revised Statutes or 23
applicable federal law, no criminal penalty shall attach to carrying a concealed 24
firearm or other deadly weapon at any location at which an unconcealed firearm or 25
other deadly weapon may be constitutionally carried. 26
Section 3. Whereas the Commonwealth of Kentucky continues to suffer from 27 UNOFFICIAL COPY 22 RS BR 820
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gun violence, which is having immediate and significant impacts on local communities, 1
an emergency is declared to exist, and this Act takes effect upon its passage and approval 2
by the Governor or upon its otherwise becoming law. 3