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AN ACT relating to firearms. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 16 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) The department shall establish and maintain the Kentucky Voluntary Do Not Sell 5
Firearms List in the Commonwealth of Kentucky to prohibit the possession, 6
transportation, and sale of firearms to any person who voluntarily registers 7
himself or herself to be enrolled into the list. The department shall promulgate 8
administrative regulations and develop any policies necessary for the 9
implementation of this section. 10
(2) Any person eighteen (18) years of age or older may apply in writing to the 11
department to request voluntary enrollment into the Kentucky Voluntary Do Not 12
Sell Firearms List and, after being enrolled into the list, may apply in writing to 13
the department to request removal from the list. 14
(3) Any person requesting enrollment into or removal from the Kentucky Voluntary 15
Do Not Sell Firearms List shall submit a photocopy of one (1) valid form of photo 16
identification issued by a governmental agency of the applicant's state of 17
residency or by the United States Department of Defense or an official United 18
States passport to accompany the enrollment and removal forms. Enrollment and 19
removal requests may be submitted to the department by mail or in person at any 20
department office location. 21
(4) The application for enrollment into and removal from the list shall be on forms 22
prescribed by the department. The department shall make the forms available on 23
the department's Web site. The forms shall state that any person enrolled into the 24
Kentucky Voluntary Do Not Sell Firearms List shall not be removed from the list 25
until twenty-one (21) days after the department receives an application for 26
removal. 27 UNOFFICIAL COPY 22 RS BR 473
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(5) Upon enrolling a person into the Kentucky Voluntary Do Not Sell Firearms List, 1
the department shall forward a person's eligibility to purchase, possess, or 2
transport a firearm to the National Instant Criminal Background Check System. 3
The department shall notify the person by mail that he or she has been enrolled 4
into the Kentucky Voluntary Do Not Sell Firearms List. 5
(6) Upon enrolling a person into the Kentucky Voluntary Do Not Sell Firearms List, 6
the department shall revoke any existing license to carry concealed firearms held 7
by the person. 8
(7) The department shall not remove any person from the Kentucky Voluntary Do 9
Not Sell Firearms List until twenty-one (21) days after receipt of the person's 10
removal request. Upon removal of a person's name from the list, the department 11
shall update the person's eligibility to purchase, possess, or transport a firearm to 12
the National Instant Criminal Background Check System and shall destroy all 13
records of enrollment into and request for removal from the list. 14
(8) The department shall withhold from public disclosure all information regarding 15
a request to be enrolled into or removed from the Kentucky Voluntary Do Not 16
Sell Firearms List and any other personal identifying information contained in or 17
related to the list, except that the information may be disclosed to a law 18
enforcement officer acting in the performance of his or her official duties or to 19
the applicant with respect to his or her own information. 20
SECTION 2. A NEW SECTION OF KRS CHAPTER 16 IS CREATED TO 21
READ AS FOLLOWS: 22
The following acts are prohibited: 23
(1) A person who intentionally discriminates against another person with respect to 24
his or her health care services, employment, education, housing, insurance, 25
governmental benefits, or contracting because of that person's present or past 26
status on the Kentucky Voluntary Do Not Sell Firearms List is guilty of a Class A 27 UNOFFICIAL COPY 22 RS BR 473
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misdemeanor. 1
(2) A person who knowingly makes any false statement to the department with the 2
intent of enrolling or removing any other person into or from the Kentucky 3
Voluntary Do Not Sell Firearms List is guilty of a Class A misdemeanor. 4
(3) A person enrolled into the Kentucky Voluntary Do Not Sell Firearms List who 5
knowingly purchases, possesses, or transfers a firearm is guilty of a Class B 6
misdemeanor. 7
Section 3. KRS 237.110 is amended to read as follows: 8
(1) The Department of Kentucky State Police is authorized to issue and renew licenses 9
to carry concealed firearms or other deadly weapons, or a combination thereof, to 10
persons qualified as provided in this section. 11
(2) An original or renewal license issued pursuant to this section shall: 12
(a) Be valid throughout the Commonwealth and, except as provided in this 13
section or other specific section of the Kentucky Revised Statutes or federal 14
law, permit the holder of the license to carry firearms, ammunition, or other 15
deadly weapons, or a combination thereof, at any location in the 16
Commonwealth; 17
(b) Unless revoked or suspended as provided by law, be valid for a period of five 18
(5) years from the date of issuance; 19
(c) Authorize the holder of the license to carry a concealed firearm or other 20
deadly weapon, or a combination thereof, on or about his or her person; and 21
(d) Authorize the holder of the license to carry ammunition for a firearm on or 22
about his or her person. 23
(3) Prior to the issuance of an original or renewal license to carry a concealed deadly 24
weapon, the Department of Kentucky State Police, upon receipt of a completed 25
application, applicable fees, and any documentation required by this section or 26
administrative regulation promulgated by the Department of Kentucky State Police, 27 UNOFFICIAL COPY 22 RS BR 473
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shall conduct a background check to ascertain whether the applicant is eligible 1
under 18 U.S.C. sec. 922(g) and (n), any other applicable federal law, and state law 2
to purchase, receive, or possess a firearm or ammunition, or both. The background 3
check shall include: 4
(a) A state records check covering the items specified in this subsection, together 5
with any other requirements of this section; 6
(b) A federal records check, which shall include a National Instant Criminal 7
Background Check System (NICS) check; 8
(c) A federal Immigration Alien Query if the person is an alien who has been 9
lawfully admitted to the United States by the United States government or an 10
agency thereof; and 11
(d) In addition to the Immigration Alien Query, if the applicant has not been 12
lawfully admitted to the United States under permanent resident status, the 13
Department of Kentucky State Police shall, if a doubt exists relating to an 14
alien's eligibility to purchase a firearm, consult with the United States 15
Department of Homeland Security, United States Department of Justice, 16
United States Department of State, or other federal agency to confirm whether 17
the alien is eligible to purchase a firearm in the United States, bring a firearm 18
into the United States, or possess a firearm in the United States under federal 19
law. 20
(4) The Department of Kentucky State Police shall issue an original or renewal license 21
if the applicant: 22
(a) Is not prohibited from the purchase, receipt, or possession of firearms, 23
ammunition, or both pursuant to 18 U.S.C. 922(g), 18 U.S.C. 922(n), or 24
applicable federal or state law; 25
(b) 1. Is a citizen of the United States who is a resident of this Commonwealth; 26
2. Is a citizen of the United States who is a member of the Armed Forces of 27 UNOFFICIAL COPY 22 RS BR 473
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the United States who is on active duty, who is at the time of application 1
assigned to a military posting in Kentucky; 2
3. Is lawfully admitted to the United States by the United States 3
government or an agency thereof, is permitted by federal law to purchase 4
a firearm, and is a resident of this Commonwealth; or 5
4. Is lawfully admitted to the United States by the United States 6
government or an agency thereof, is permitted by federal law to purchase 7
a firearm, is, at the time of the application, assigned to a military posting 8
in Kentucky, and has been assigned to a posting in the Commonwealth; 9
(c) Is twenty-one (21) years of age or older; 10
(d) Has not been committed to a state or federal facility for the abuse of a 11
controlled substance or been convicted of a misdemeanor violation of KRS 12
Chapter 218A or similar laws of any other state relating to controlled 13
substances, within a three (3) year period immediately preceding the date on 14
which the application is submitted; 15
(e) Does not chronically and habitually use alcoholic beverages as evidenced by 16
the applicant having two (2) or more convictions for violating KRS 189A.010 17
within the three (3) years immediately preceding the date on which the 18
application is submitted, or having been committed as an alcoholic pursuant to 19
KRS Chapter 222 or similar laws of another state within the three (3) year 20
period immediately preceding the date on which the application is submitted; 21
(f) Does not owe a child support arrearage which equals or exceeds the 22
cumulative amount which would be owed after one (1) year of nonpayment, if 23
the Department of Kentucky State Police has been notified of the arrearage by 24
the Cabinet for Health and Family Services; 25
(g) Has complied with any subpoena or warrant relating to child support or 26
paternity proceedings. If the Department of Kentucky State Police has not 27 UNOFFICIAL COPY 22 RS BR 473
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been notified by the Cabinet for Health and Family Services that the applicant 1
has failed to meet this requirement, the Department of Kentucky State Police 2
shall assume that paternity and child support proceedings are not an issue; 3
(h) Has not been convicted of a violation of KRS 508.030 or 508.080 within the 4
three (3) years immediately preceding the date on which the application is 5
submitted. The commissioner of the Department of Kentucky State Police 6
may waive this requirement upon good cause shown and a determination that 7
the applicant is not a danger and that a waiver would not violate federal law; 8
(i) Demonstrates competence with a firearm by successful completion of a 9
firearms safety or training course that is conducted by a firearms instructor 10
who is certified by a national organization with membership open to residents 11
of any state or territory of the United States, which was created to promote 12
firearms education, safety, and the profession of firearms use and training, and 13
to foster professional behavior in its members. The organization shall require 14
members to adhere to its own code of ethics and conduct a program which 15
certifies firearms instructors and includes the use of written tests, in person 16
instruction, and a component of live-fire training. These national 17
organizations shall include but are not limited to the National Rifle 18
Association, the United States Concealed Carry Association, and the National 19
Shooting Sports Foundation. The training requirement may also be fulfilled 20
through any firearms safety course offered or approved by the Department of 21
Criminal Justice Training. The firearms safety course offered or approved by 22
the Department of Criminal Justice Training shall: 23
1. Be not more than eight (8) hours in length; 24
2. Include instruction on handguns, the safe use of handguns, the care and 25
cleaning of handguns, and handgun marksmanship principles; 26
3. Include actual range firing of a handgun in a safe manner, and the firing 27 UNOFFICIAL COPY 22 RS BR 473
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of not more than twenty (20) rounds at a full-size silhouette target, 1
during which firing, not less than eleven (11) rounds must hit the 2
silhouette portion of the target; and 3
4. Include information on and a copy of laws relating to possession and 4
carrying of firearms, as set forth in KRS Chapters 237 and 527, and the 5
laws relating to the use of force, as set forth in KRS Chapter 503;[ and] 6
(j) Demonstrates knowledge of the law regarding the justifiable use of force by 7
including with the application a copy of the concealed carry deadly weapons 8
legal handout made available by the Department of Criminal Justice Training 9
and a signed statement that indicates that applicant has read and understands 10
the handout; and 11
(k) Is not enrolled into the Kentucky Voluntary Do Not Sell Firearms List 12
established pursuant to Section 1 of this Act. 13
(5) (a) A legible photocopy or electronic copy of a certificate of completion issued by 14
a firearms instructor certified by a national organization or the Department of 15
Criminal Justice Training shall constitute evidence of qualification under 16
subsection (4)(i) of this section. 17
(b) Persons qualifying under subsection (6)(d) of this section may submit with 18
their application: 19
1. At least one (1) of the following paper or electronic forms or their 20
successor forms showing evidence of handgun training or handgun 21
qualifications: 22
a. Department of Defense Form DD 2586; 23
b. Department of Defense Form DD 214; 24
c. Coast Guard Form CG 3029; 25
d. Department of the Army Form DA 88-R; 26
e. Department of the Army Form DA 5704-R; 27 UNOFFICIAL COPY 22 RS BR 473
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f. Department of the Navy Form OPNAV 3591-1; or 1
g. Department of the Air Force Form AF 522; or 2
2. a. Documentary evidence of an honorable discharge; and 3
b. A notarized affidavit on a form provided by the Department of 4
Kentucky State Police, signed under penalty of perjury, stating the 5
person has met the training requirements of subsection (6)(d) of 6
this section. 7
(6) (a) Peace officers who are currently certified as peace officers by the Kentucky 8
Law Enforcement Council pursuant to KRS 15.380 to 15.404 and peace 9
officers who are retired and are members of the Kentucky Employees 10
Retirement System, State Police Retirement System, or County Employees 11
Retirement System or other retirement system operated by or for a city, 12
county, or urban-county in Kentucky shall be deemed to have met the training 13
requirement. 14
(b) Current and retired peace officers of the following federal agencies shall be 15
deemed to have met the training requirement: 16
1. Any peace officer employed by a federal agency specified in KRS 17
61.365; 18
2. Any peace officer employed by a federal civilian law enforcement 19
agency not specified above who has successfully completed the basic 20
law enforcement training course required by that agency; 21
3. Any military peace officer of the United States Army, Navy, Marine 22
Corps, or Air Force, or a reserve component thereof, or of the Army 23
National Guard or Air National Guard who has successfully completed 24
the military law enforcement training course required by that branch of 25
the military; 26
4. Any member of the United States Coast Guard serving in a peace officer 27 UNOFFICIAL COPY 22 RS BR 473
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role who has successfully completed the law enforcement training 1
course specified by the United States Coast Guard. 2
(c) Corrections officers who are currently employed by a consolidated local 3
government, an urban-county government, or the Department of Corrections 4
who have successfully completed a basic firearms training course required for 5
their employment, and corrections officers who were formerly employed by a 6
consolidated local government, an urban-county government, or the 7
Department of Corrections who are retired, and who successfully completed a 8
basic firearms training course required for their employment, and are members 9
of a state-administered retirement system or other retirement system operated 10
by or for a city, county, or urban-county government in Kentucky shall be 11
deemed to have met the training requirement. 12
(d) Active or honorably discharged service members in the United States Army, 13
Navy, Marine Corps, Air Force, or Coast Guard, or a reserve component 14
thereof, or of the Army National Guard or Air National Guard shall be 15
deemed to have met the training requirement if these persons: 16
1. Successfully completed handgun training which was conducted by the 17
United States Army, Navy, Marine Corps, Air Force, or Coast Guard, or 18
a reserve component thereof, or of the Army National Guard or Air 19
National Guard; or 20
2. Successfully completed handgun qualification within the United States 21
Army, Navy, Marine Corps, Air Force, or Coast Guard, or a reserve 22
component thereof, or of the Army Guard or Air Force National Guard. 23
(7) (a) 1. A paper application for a license, or renewal of a license, to carry a 24
concealed deadly weapon shall be obtained from and submitted to the 25
office of the sheriff in the county in which the person resides. 26
2. An applicant, in lieu of a paper application, may submit an electronic 27 UNOFFICIAL COPY 22 RS BR 473
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application for a license, or renewal of a license, to carry a concealed 1
deadly weapon to the Department of Kentucky State Police. 2
3. Persons qualifying under subsection (6)(d) of this section shall be 3
supplied the information in subsection (4)(i)4. of this section upon 4
obtaining an application. 5
(b) 1. The completed paper application and any documentation required by this 6
section plus an application fee or renewal fee, as appropriate, of sixty 7
dollars ($60) shall be presented to the office of the sheriff of the county 8
in which the applicant resides. 9
2. The sheriff shall transmit the paper application and accompanying 10
material to the Department of Kentucky State Police within five (5) 11
working days. 12
3. Twenty dollars ($20) of the paper application fee shall be retained by the 13
office of the sheriff for official expenses of the office. Twenty dollars 14
($20) shall be sent to the Department of Kentucky State Police with the 15
application. Ten dollars ($10) shall be transmitted by the sheriff to the 16
Administrative Office of the Courts to fund background checks for 17
youth leaders, and ten dollars ($10) shall be transmitted to the 18
Administrative Office of the Courts to fund background checks for 19
applicants for concealed weapons. 20
(c) 1. A completed electronic application submitted in lieu of a paper 21
application, any documentation required by this section, and an 22
application fee or renewal fee, as appropriate, of seventy dollars ($70) 23
shall be presented to the Department of Kentucky State Police. 24
2. If an electronic application is submitted in lieu of a paper application, 25
thirty dollars ($30) of the electronic application fee shall be retained by 26
the Department of Kentucky State Police. Twenty dollars ($20) shall be 27 UNOFFICIAL COPY 22 RS BR 473
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sent to the office of the sheriff of the applicant's county of residence for 1
official expenses of the office. Ten dollars ($10) shall be transmitted to 2
the Administrative Office of the Courts to fund background checks for 3
youth leaders, and ten dollars ($10) shall be transmitted to the 4
Administrative Office of the Courts to fund background checks for 5
applicants for concealed weapon carry permits. 6
(d) A full-time or part-time peace officer who is currently certified as a peace 7
officer by the Kentucky Law Enforcement Council and who is authorized by 8
his or her employer or government authority to carry a concealed deadly 9
weapon at all times and all locations within the Commonwealth pursuant to 10
KRS 527.020, or a retired peace officer who is a member of the Kentucky 11
Employees Retirement System, State Police Retirement System, County 12
Employees Retirement System, or other retirement system operated by or for a 13
city, county, or urban-county government in Kentucky, shall be exempt from 14
paying the paper or electronic application or renewal fees. 15
(e) The application, whether paper or electronic, shall be completed, under oath, 16
on a form or in a manner promulgated by the Department of Kentucky State 17
Police by administrative regulation which shall include: 18
1. a. The name, address, place and date of birth, citizenship, gender, 19
Social Security number of the applicant; and 20
b. If not a citizen of the United States, alien registration number if 21
applicable, passport number, visa number, mother's maiden name, 22
and other information necessary to determine the immigration 23
status and eligibility to purchase a firearm under federal law of a 24
person who is not a citizen of the United States; 25
2. A statement that, to the best of his or her knowledge, the applicant is in 26
compliance with criteria contained within subsections (3) and (4) of this 27 UNOFFICIAL COPY 22 RS BR 473
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section; 1
3. A statement that the applicant, if qualifying under subsection (6)(c) of 2
this section, has provided: 3
a. At least one (1) of the forms listed in subsection (5) of this section; 4
or 5
b. i. Documentary evidence of an honorable discharge; and 6
ii. A notarized affidavit on a form provided by the Department 7
of Kentucky State Police stating the person has met the 8
training requirements of subsection (6)(c) of this section; 9
4. A statement that the applicant has been furnished a copy of this section 10
and is knowledgeable about its provisions; 11
5. A statement that the applicant has been furnished a copy of, has read, 12
and understands KRS Chapter 503 as it pertains to the use of deadly 13
force for self-defense in Kentucky; and 14
6. A conspicuous warning that the application is executed under oath and 15
that a materially false answer to any question, or the submission of any 16
materially false document by the applicant, subjects the applicant to 17
criminal prosecution under KRS 523.030. 18
(8) The applicant shall submit to the sheriff of the applicant's county of residence or 19
county of military posting if submitting a paper application, or to the Department of 20
Kentucky State Police if submitting an electronic application: 21
(a) A completed application as described in subsection (7) of this section; 22
(b) A recent color photograph of the applicant, as prescribed by administrative 23
regulation; 24
(c) A paper or electronic certificate or an affidavit or document as described in 25
subsection (5) of this section; 26
(d) A paper or electronic document establishing the training exemption as 27 UNOFFICIAL COPY 22 RS BR 473
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described in subsection (6) of this section; and 1
(e) For an applicant who is not a citizen of the United States and has been 2
lawfully admitted to the United States by the United States government or an 3
agency thereof, an affidavit as prescribed by administrative regulation 4
concerning his or her immigration status and his or her United States 5
government issued: 6
1. Permanent Resident Card I-551 or its equivalent successor 7
identification; 8
2. Other United States government issued evidence of lawful admission to 9
the United States which includes the category of admission, if admission 10
has not been granted as a permanent resident; and 11
3. Evidence of compliance with the provisions of 18 U.S.C. sec. 922(g)(5), 12
18 U.S.C. sec. 922(d)(5), or 18 U.S.C. sec. 922(y)(2), and 27 C.F.R. Part 13
178, including, as appropriate, but not limited to evidence of ninety (90) 14
day residence in the Commonwealth, a valid current Kentucky hunting 15
license if claiming exemption as a hunter, or other evidence of eligibility 16
to purchase a firearm by an alien which is required by federal law or 17
regulation. 18
If an applicant presents identification specified in this paragraph, the sheriff 19
shall examine the identification, may record information from the 20
identification presented, and shall return the identification to the applicant. 21
(9) The Department of Kentucky State Police shall, within sixty (60) days after the date 22
of receipt of the items listed in subsection (8) of this section if the applicant 23
submitted a paper application, or within fifteen (15) business days after the date of 24
receipt of the items listed in subsection (8) of this section if the applicant applied 25
electronically, either: 26
(a) Issue the license; or 27 UNOFFICIAL COPY 22 RS BR 473
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(b) Deny the application based solely on the grounds that the applicant fails to 1
qualify under the criteria listed in subsection (3) or (4) of this section. If the 2
Department of Kentucky State Police denies the application, it shall notify the 3
applicant in writing, stating the grounds for denial and informing the applicant 4
of a right to submit, within thirty (30) days, any additional documentation 5
relating to the grounds of denial. Upon receiving any additional 6
documentation, the Department of Kentucky State Police shall reconsider its 7
decision and inform the applicant within twenty (20) days of the result of the 8
reconsideration. The applicant shall further be informed of the right to seek de 9
novo review of the denial in the District Court of his or her place of residence 10
within ninety (90) days from the date of the letter advising the applicant of the 11
denial. 12
(10) The Department of Kentucky State Police shall maintain an automated listing of 13
license holders and pertinent information, and this information shall be available 14
upon request, at all times to all Kentucky, federal, and other states' law enforcement 15
agencies. A request for the entire list of licensees, or for all licensees in a 16
geographic area, shall be denied. Only requests relating to a named licensee shall be 17
honored or available to law enforcement agencies. Information on applications for 18
licenses, names and addresses, or other identifying information relating to license 19
holders shall be confidential and shall not be made available except to law 20
enforcement agencies. No request for lists of local or statewide permit holders shall 21
be made to any state or local law enforcement agency, peace officer, or other agency 22
of government other than the Department of Kentucky State Police, and no state or 23
local law enforcement agency, peace officer, or agency of government, other than 24
the Department of Kentucky State Police, shall provide any information to any 25
requester not entitled to it by law. 26
(11) Within thirty (30) days after the changing of a permanent address, or within thirty 27 UNOFFICIAL COPY 22 RS BR 473
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(30) days after the loss, theft, or destruction of a license, the licensee shall notify the 1
Department of Kentucky State Police of the loss, theft, or destruction. Failure to 2
notify the Department of Kentucky State Police shall constitute a noncriminal 3
violation with a penalty of twenty-five dollars ($25) payable to the clerk of the 4
District Court. No court costs shall be assessed for a violation of this subsection. 5
When a licensee makes application to change his or her residence address or other 6
information on the license, neither the sheriff nor the Department of Kentucky State 7
Police shall require a surrender of the license until a new license is in the office of 8
the applicable sheriff and available for issuance. Upon the issuance of a new 9
license, the old license shall be destroyed by the sheriff. 10
(12) If a license is lost, stolen, or destroyed, the license shall be automatically invalid, 11
and the person to whom the same was issued may, upon payment of fifteen dollars 12
($15) for a paper request, or twenty-five dollars ($25) for an electronic request 13
submitted in lieu of a paper request, to the Department of Kentucky State Police, 14
obtain a duplicate, upon furnishing a notarized statement to the Department of 15
Kentucky State Police that the license has been lost, stolen, or destroyed. 16
(13) (a) The commissioner of the Department of Kentucky State Police, or his or her 17
designee in writing, shall revoke the license of any person who becomes 18
permanently ineligible to be issued a license or have a license renewed under 19
the criteria set forth in this section. 20
(b) The commissioner of the Department of Kentucky State Police, or his or her 21
designee in writing, shall suspend the license of any person who becomes 22
temporarily ineligible to be issued a license or have a license renewed under 23
the criteria set forth in this section. The license shall remain suspended until 24
the person is again eligible for the issuance or renewal of a license. 25
(c) Upon the suspension or revocation of a license, the commissioner of the 26
Department of Kentucky State Police, or his or her designee in writing, shall: 27 UNOFFICIAL COPY 22 RS BR 473
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1. Order any peace officer to seize the license from the person whose 1
license was suspended or revoked; or 2
2. Direct the person whose license was suspended or revoked to surrender 3
the license to the sheriff of the person's county of residence within two 4
(2) business days of the receipt of the notice. 5
(d) If the person whose license was suspended or revoked desires a hearing on the 6
matter, the person shall surrender the license as provided in paragraph (c)2. of 7
this subsection and petition the commissioner of the Department of Kentucky 8
State Police to hold a hearing on the issue of suspension or revocation of the 9
license. 10
(e) Upon receipt of the petition, the commissioner of the Department of Kentucky 11
State Police shall cause a hearing to be held in accordance with KRS Chapter 12
13B on the suspension or revocation of the license. If the license has not been 13
surrendered, no hearing shall be scheduled or held. 14
(f) If the hearing officer determines that the licensee's license was wrongly 15
suspended or revoked, the hearing officer shall order the commissioner of the 16
Department of Kentucky State Police to return the license and abrogate the 17
suspension or revocation of the license. 18
(g) Any party may appeal a decision pursuant to this subsection to the District 19
Court in the licensee's county of residence in the same manner as for the 20
denial of a license. 21
(h) If the license is not surrendered as ordered, the commissioner of the 22
Department of Kentucky State Police shall order a peace officer to seize the 23
license and deliver it to the commissioner. 24
(i) Failure to surrender a suspended or revoked license as ordered is a Class A 25
misdemeanor. 26
(j) The provisions of this subsection relating to surrender of a license shall not 27 UNOFFICIAL COPY 22 RS BR 473
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apply if a court of competent jurisdiction has enjoined its surrender. 1
(k) When a domestic violence order or emergency protective order is issued 2
pursuant to the provisions of KRS Chapter 403 against a person holding a 3
license issued under this section, the holder of the permit shall surrender the 4
license to the court or to the officer serving the order. The officer to whom the 5
license is surrendered shall forthwith transmit the license to the court issuing 6
the order. The license shall be suspended until the order is terminated, or until 7
the judge who issued the order terminates the suspension prior to the 8
termination of the underlying domestic violence order or emergency protective 9
order, in writing and by return of the license, upon proper motion by the 10
license holder. Subject to the same conditions as above, a peace officer against 11
whom an emergency protective order or domestic violence order has been 12
issued shall not be permitted to carry a concealed deadly weapon when not on 13
duty, the provisions of KRS 527.020 to the contrary notwithstanding. 14
(14) (a) Not less than one hundred twenty (120) days prior to the expiration date of the 15
license, the Department of Kentucky State Police shall mail to each licensee a 16
written notice of the expiration and a renewal form prescribed by the 17
Department of Kentucky State Police. The outside of the envelope containing 18
the license renewal notice shall bear only the name and address of the 19
applicant. No other information relating to the applicant shall appear on the 20
outside of the envelope sent to the applicant. The licensee may renew his or 21
her license on or before the expiration date by filing with the sheriff of his or 22
her county of residence the paper renewal form, or by filing with the 23
Department of Kentucky State Police an electronic renewal form in lieu of a 24
paper renewal form, stating that the licensee remains qualified pursuant to the 25
criteria specified in subsections (3) and (4) of this section, and the required 26
renewal fee set forth in subsection (7) of this section. The sheriff shall issue to 27 UNOFFICIAL COPY 22 RS BR 473
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the applicant a receipt for the paper application for renewal of the license and 1
shall date the receipt. The Department of Kentucky State Police shall issue to 2
the applicant a receipt for an electronic application for renewal of the license 3
submitted in lieu of a paper application for renewal and shall date the receipt. 4
(b) A license which has expired shall be void and shall not be valid for any 5
purpose other than surrender to the sheriff in exchange for a renewal license. 6
(c) The license shall be renewed to a qualified applicant upon receipt of the 7
completed renewal application, records check as specified in subsection (3) of 8
this section, determination that the renewal applicant is not ineligible for a 9
license as specified in subsection (4), and appropriate payment of fees. Upon 10
the issuance of a new license, the old license shall be destroyed by the sheriff. 11
A licensee who fails to file a renewal application on or before its expiration 12
date may renew his or her license by paying, in addition to the license fees, a 13
late fee of fifteen dollars ($15). No license shall be renewed six (6) months or 14
more after its expiration date, and the license shall be deemed to be 15
permanently expired six (6) months after its expiration date. A person whose 16
license has permanently expired may reapply for licensure pursuant to 17
subsections (7), (8), and (9) of this section. 18
(15) The licensee shall carry the license at all times the licensee is carrying a concealed 19
firearm or other deadly weapon and shall display the license upon request of a law 20
enforcement officer. Violation of the provisions of this subsection shall constitute a 21
noncriminal violation with a penalty of twenty-five dollars ($25), payable to the 22
clerk of the District Court, but no court costs shall be assessed. 23
(16) Except as provided in KRS 527.020, no license issued pursuant to this section shall 24
authorize any person to carry a concealed firearm into: 25
(a) Any police station or sheriff's office; 26
(b) Any detention facility, prison, or jail; 27 UNOFFICIAL COPY 22 RS BR 473
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(c) Any courthouse, solely occupied by the Court of Justice courtroom, or court 1
proceeding; 2
(d) Any meeting of the governing body of a county, municipality, or special 3
district; or any meeting of the General Assembly or a committee of the 4
General Assembly, except that nothing in this section shall preclude a member 5
of the body, holding a concealed deadly weapon license, from carrying a 6
concealed deadly weapon at a meeting of the body of which he or she is a 7
member; 8
(e) Any portion of an establishment licensed to dispense beer or alcoholic 9
beverages for consumption on the premises, which portion of the 10
establishment is primarily devoted to that purpose; 11
(f) Any elementary or secondary school facility without the consent of school 12
authorities as provided in KRS 527.070, any child-caring facility as defined in 13
KRS 199.011, any day-care center as defined in KRS 199.894, or any certified 14
family child-care home as defined in KRS 199.8982, except however, any 15
owner of a certified child-care home may carry a concealed firearm into the 16
owner's residence used as a certified child-care home; 17
(g) An area of an airport to which access is controlled by the inspection of 18
persons and property; or 19
(h) Any place where the carrying of firearms is prohibited by federal law. 20
(17) The owner, business or commercial lessee, or manager of a private business 21
enterprise, day-care center as defined in KRS 199.894 or certified or licensed family 22
child-care home as defined in KRS 199.8982, or a health-care facility licensed 23
under KRS Chapter 216B, except facilities renting or leasing housing, may prohibit 24
persons holding concealed deadly weapon licenses from carrying concealed deadly 25
weapons on the premises and may prohibit employees, not authorized by the 26
employer, holding concealed deadly weapons licenses from carrying concealed 27 UNOFFICIAL COPY 22 RS BR 473
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deadly weapons on the property of the employer. If the building or the premises are 1
open to the public, the employer or business enterprise shall post signs on or about 2
the premises if carrying concealed weapons is prohibited. Possession of weapons, or 3
ammunition, or both in a vehicle on the premises shall not be a criminal offense so 4
long as the weapons, or ammunition, or both are not removed from the vehicle or 5
brandished while the vehicle is on the premises. A private but not a public employer 6
may prohibit employees or other persons holding a concealed deadly weapons 7
license from carrying concealed deadly weapons, or ammunition, or both in vehicles 8
owned by the employer, but may not prohibit employees or other persons holding a 9
concealed deadly weapons license from carrying concealed deadly weapons, or 10
ammunition, or both in vehicles owned by the employee, except that the Justice and 11
Public Safety Cabinet may prohibit an employee from carrying any weapons, or 12
ammunition, or both other than the weapons, or ammunition, or both issued or 13
authorized to be used by the employee of the cabinet, in a vehicle while transporting 14
persons under the employee's supervision or jurisdiction. Carrying of a concealed 15
weapon, or ammunition, or both in a location specified in this subsection by a 16
license holder shall not be a criminal act but may subject the person to denial from 17
the premises or removal from the premises, and, if an employee of an employer, 18
disciplinary measures by the employer. 19
(18) All moneys collected by the Department of Kentucky State Police pursuant to this 20
section shall be used to administer the provisions of this section and KRS 237.138 21
to 237.142. By March 1 of each year, the Department of Kentucky State Police and 22
the Administrative Office of the Courts shall submit reports to the Governor, the 23
President of the Senate, and the Speaker of the House of Representatives, indicating 24
the amounts of money collected and the expenditures related to this section, KRS 25
237.138 to 237.142, and KRS 237.115, 244.125, 527.020, and 527.070, and the 26
administration of the provisions of this section, KRS 237.138 to 237.142, and KRS 27 UNOFFICIAL COPY 22 RS BR 473
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237.115, 244.125, 527.020, and 527.070. 1
(19) The General Assembly finds as a matter of public policy that it is necessary to 2
provide statewide uniform standards for issuing licenses to carry concealed firearms 3
and to occupy the field of regulation of the bearing of concealed firearms to ensure 4
that no person who qualifies under the provisions of this section is denied his rights. 5
The General Assembly does not delegate to the Department of Kentucky State 6
Police the authority to regulate or restrict the issuing of licenses provided for in this 7
section beyond those provisions contained in this section. This section shall be 8
liberally construed to carry out the constitutional right to bear arms for self-defense. 9
(20) (a) A person who is not a resident of Kentucky and who has a valid license issued 10
by another state of the United States to carry a concealed deadly weapon in 11
that state may, subject to provisions of Kentucky law, carry a concealed 12
deadly weapon in Kentucky, and his or her license shall be considered as valid 13
in Kentucky. 14
(b) If a person with a valid license to carry a concealed deadly weapon issued 15
from another state that has entered into a reciprocity agreement with the 16
Department of Kentucky State Police becomes a resident of Kentucky, the 17
license issued by the other state shall be considered as valid for the first one 18
hundred twenty (120) days of the person's residence in Kentucky, if within 19
sixty (60) days of moving to Kentucky, the person completes a form 20
promulgated by the Department of Kentucky State Police which shall include: 21
1. A signed and notarized statement averring that to the best of his or her 22
knowledge the person's license to carry a concealed deadly weapon is 23
valid and in compliance with applicable out-of-state law, and has not 24
been revoked or suspended for any reason except for valid forfeiture due 25
to departure from the issuing state; 26
2. The person's name, date of birth, citizenship, gender, Social Security 27 UNOFFICIAL COPY 22 RS BR 473
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number if applicable, proof that he or she is a citizen of the United 1
States, a permanent resident of the United States, or otherwise lawfully 2
present in the United States, former out-of-state address, current address 3
within the state of Kentucky, date on which Kentucky residence began, 4
state which issued the concealed carry license, the issuing state's 5
concealed carry license number, and the state of issuance of license; and 6
3. A photocopy of the person's out-of-state license to carry a concealed 7
deadly weapon. 8
(c) Within sixty (60) days of moving to Kentucky, the person shall deliver the 9
form and accompanying documents by registered or certified mail, return 10
receipt requested, to the address indicated on the form provided by the 11
Department of Kentucky State Police pursuant to this subsection. 12
(d) The out-of-state concealed carry license shall become invalid in Kentucky 13
upon the earlier of: 14
1. The out-of-state person having resided in Kentucky for more than one 15
hundred twenty (120) days; or 16
2. The person being issued a Kentucky concealed deadly weapon license 17
pursuant to this section. 18
(e) The Department of Kentucky State Police shall, not later than thirty (30) days 19
after July 15, 1998, and not less than once every twelve (12) months 20
thereafter, make written inquiry of the concealed deadly weapon carrying 21
licensing authorities in each other state as to whether a Kentucky resident may 22
carry a concealed deadly weapon in their state based upon having a valid 23
Kentucky concealed deadly weapon license, or whether a Kentucky resident 24
may apply for a concealed deadly weapon carrying license in that state based 25
upon having a valid Kentucky concealed deadly weapon license. The 26
Department of Kentucky State Police shall attempt to secure from each other 27 UNOFFICIAL COPY 22 RS BR 473
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state permission for Kentucky residents who hold a valid Kentucky concealed 1
deadly weapon license to carry concealed deadly weapons in that state, either 2
on the basis of the Kentucky license or on the basis that the Kentucky license 3
is sufficient to permit the issuance of a similar license by the other state. The 4
Department of Kentucky State Police shall enter into a written reciprocity 5
agreement with the appropriate agency in each state that agrees to permit 6
Kentucky residents to carry concealed deadly weapons in the other state on the 7
basis of a Kentucky-issued concealed deadly weapon license or that will issue 8
a license to carry concealed deadly weapons in the other state based upon a 9
Kentucky concealed deadly weapon license. If a reciprocity agreement is 10
reached, the requirement to recontact the other state each twelve (12) months 11
shall be eliminated as long as the reciprocity agreement is in force. The 12
information shall be a public record and shall be available to individual 13
requesters free of charge for the first copy and at the normal rate for open 14
records requests for additional copies. 15
(21) By March 1 of each year, the Department of Kentucky State Police shall submit a 16
statistical report to the Governor, the President of the Senate, and the Speaker of the 17
House of Representatives, indicating the number of licenses issued, revoked, 18
suspended, and denied since the previous report and in total and also the number of 19
licenses currently valid. The report shall also include the number of arrests, 20
convictions, and types of crimes committed since the previous report by individuals 21
licensed to carry concealed weapons. 22
(22) The following provisions shall apply to concealed deadly weapon training classes 23
conducted by the Department of Criminal Justice Training or any other agency 24
pursuant to this section: 25
(a) No concealed deadly weapon instructor trainer shall have his or her 26
certification as a concealed deadly weapon instructor trainer reduced to that of 27 UNOFFICIAL COPY 22 RS BR 473
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instructor or revoked except after a hearing conducted pursuant to KRS 1
Chapter 13B in which the instructor is found to have committed an act in 2
violation of the applicable statutes or administrative regulations; 3
(b) No concealed deadly weapon instructor shall have his or her certification as a 4
concealed deadly weapon instructor license suspended or revoked except after 5
a hearing conducted pursuant to KRS Chapter 13B in which the instructor is 6
found to have committed an act in violation of the applicable statutes or 7
administrative regulations; 8
(c) The department shall not require prior notification that an applicant class or 9
instructor class will be conducted by a certified instructor or instructor trainer; 10
(d) Each concealed deadly weapon instructor or instructor trainer who teaches a 11
concealed deadly weapon applicant or concealed deadly weapon instructor 12
class shall supply the Department of Criminal Justice Training with a class 13
roster indicating which students enrolled and successfully completed the class, 14
and which contains the name and address of each student, within five (5) 15
working days of the completion of the class. The information may be sent by 16
mail, facsimile, e-mail, or other method which will result in the receipt of or 17
production of a hard copy of the information. The postmark, facsimile date, or 18
e-mail date shall be considered as the date on which the notice was sent. 19
Concealed deadly weapon class applicant, instructor, and instructor trainer 20
information and records shall be confidential. The department may release to 21
any person or organization the name, address, and telephone number of a 22
concealed deadly weapon instructor or instructor trainer if that instructor or 23
instructor trainer authorizes the release of the information in writing. The 24
department shall include on any application for an instructor or instructor 25
trainer certification a statement that the applicant either does or does not 26
desire the applicant's name, address, and telephone number to be made public; 27 UNOFFICIAL COPY 22 RS BR 473
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(e) An instructor trainer who assists in the conduct of a concealed deadly weapon 1
instructor class or concealed deadly weapon applicant class for more than two 2
(2) hours shall be considered as to have taught a class for the purpose of 3
maintaining his or her certification. All class record forms shall include spaces 4
for assistant instructors to sign and certify that they have assisted in the 5
conduct of a concealed deadly weapon instructor or concealed deadly weapon 6
class; 7
(f) An instructor who assists in the conduct of a concealed deadly weapon 8
applicant class for more than two (2) hours shall be considered as to have 9
taught a class for the purpose of maintaining his or her license. All class 10
record forms shall include spaces for assistant instructors to sign and certify 11
that they have assisted in the conduct of a concealed deadly weapon class; 12
(g) If the Department of Criminal Justice Training believes that a firearms 13
instructor trainer or certified firearms instructor has not in fact complied with 14
the requirements for teaching a certified firearms instructor or applicant class 15
by not teaching the class as specified in KRS 237.126, or who has taught an 16
insufficient class as specified in KRS 237.128, the department shall send to 17
each person who has been listed as successfully completing the concealed 18
deadly weapon applicant class or concealed deadly weapon instructor class a 19
verification form on which the time, date, date of range firing if different from 20
the date on which the class was conducted, location, and instructor of the class 21
is listed by the department and which requires the person to answer "yes" or 22
"no" to specific questions regarding the conduct of the training class. The 23
form shall be completed under oath and shall be returned to the Department of 24
Criminal Justice Training not later than forty-five (45) days after its receipt. A 25
person who fails to complete the form, to sign the form, or to return the form 26
to the Department of Criminal Justice Training within the time frame 27 UNOFFICIAL COPY 22 RS BR 473
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specified in this section or who, as a result of information on the returned 1
form, is determined by the Department of Criminal Justice Training, following 2
a hearing pursuant to KRS Chapter 13B, to not have received the training 3
required by law shall have his or her concealed deadly weapon license 4
revoked by the Department of Kentucky State Police, following a hearing 5
conducted by the Department of Criminal Justice Training pursuant to KRS 6
Chapter 13B, at which hearing the person is found to have violated the 7
provisions of this section or who has been found not to have received the 8
training required by law; 9
(h) The department shall annually, not later than December 31 of each year, report 10
to the Legislative Research Commission: 11
1. The number of firearms instructor trainers and certified firearms 12
instructors whose certifications were suspended, revoked, denied, or 13
who were otherwise disciplined; 14
2. The reasons for the imposition of suspensions, revocations, denials, or 15
other discipline; and 16
3. Suggestions for improvement of the concealed deadly weapon applicant 17
training program and instructor process; 18
(i) If a concealed deadly weapon license holder is convicted of, pleads guilty to, 19
or enters an Alford plea to a felony offense, then his or her concealed deadly 20
weapon license shall be forthwith revoked by the Department of Kentucky 21
State Police as a matter of law; 22
(j) If a concealed deadly weapon instructor or instructor trainer is convicted of, 23
pleads guilty to, or enters an Alford plea to a felony offense, then his or her 24
concealed deadly weapon instructor certification or concealed deadly weapon 25
instructor trainer certification shall be revoked by the Department of Criminal 26
Justice Training as a matter of law; and 27 UNOFFICIAL COPY 22 RS BR 473
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(k) The following shall be in effect: 1
1. Action to eliminate the firearms instructor trainer program is prohibited. 2
The program shall remain in effect, and no firearms instructor trainer 3
shall have his or her certification reduced to that of certified firearms 4
instructor; 5
2. The Department of Kentucky State Police shall revoke the concealed 6
deadly weapon license of any person who received no firearms training 7
as required by KRS 237.126 and administrative regulations, or who 8
received insufficient training as required by KRS 237.128 and 9
administrative regulations, if the person voluntarily admits nonreceipt of 10
training or admits receipt of insufficient training, or if either nonreceipt 11
of training or receipt of insufficient training is proven following a 12
hearing conducted by the Department of Criminal Justice Training 13
pursuant to KRS Chapter 13B. 14