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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. KRS 527.010 is amended to read as follows: 3
The following definitions apply in this chapter unless the context otherwise requires: 4
(1) "Booby trap device" shall have the same meaning as set forth in KRS 237.030. 5
(2) "Courthouse" means any facility, courtroom, or other premises used by the 6
Court of Justice or administered by the Administrative Office of the Courts where 7
sessions of the District or Circuit Court are regularly held. 8
(3)[(2)] "Deface" means to remove, deface, cover, alter, or destroy the manufacturer's 9
serial number or any other distinguishing number or identification mark. 10
(4)[(3)] "Destructive device" shall have the same meaning as set forth in KRS 11
237.030. 12
(5)[(4)] "Firearm" means any weapon which will expel a projectile by the action of an 13
explosive. 14
(6)[(5)] "Handgun" means any pistol or revolver originally designed to be fired by the 15
use of a single hand, or any other firearm originally designed to be fired by the use 16
of a single hand. 17
Section 2. KRS 527.020 is amended to read as follows: 18
(1) A person is guilty of carrying a concealed weapon when he or she carries concealed 19
a firearm or other deadly weapon on or about his or her person in violation of this 20
section. 21
(2) Peace officers and certified court security officers, when necessary for their 22
protection in the discharge of their official duties; United States mail carriers when 23
actually engaged in their duties; and agents and messengers of express companies, 24
when necessary for their protection in the discharge of their official duties, may 25
carry concealed weapons on or about their person. 26
(3) The director of the Division of Law Enforcement in the Department of Fish and 27 UNOFFICIAL COPY 22 RS BR 62
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Wildlife Resources, conservation officers of the Department of Fish and Wildlife 1
Resources, and peace officers[policemen] directly employed by state, county, city, 2
or urban-county governments may carry concealed deadly weapons on or about their 3
person at all times within the Commonwealth of Kentucky, when expressly 4
authorized to do so by law or by the government employing the officer. 5
(4) Persons carrying concealed weapons in accordance with KRS 237.109 or licensed to 6
carry a concealed deadly weapon pursuant to KRS 237.110 may carry a concealed 7
firearm or other concealed deadly weapon on or about their persons at all times 8
within the Commonwealth of Kentucky, if the firearm or concealed deadly weapon 9
is carried in conformity with the requirements of KRS 237.109 or 237.110. Unless 10
otherwise specifically provided by the Kentucky Revised Statutes or applicable 11
federal law, no criminal penalty shall attach to carrying a concealed firearm or other 12
deadly weapon at any location at which an unconcealed firearm or other deadly 13
weapon may be constitutionally carried. No person or organization, public or 14
private, shall prohibit a person from possessing a firearm, ammunition, or both, or 15
other deadly weapon in his or her vehicle in compliance with the provisions of KRS 16
237.109, 237.110, and 237.115. Any attempt by a person or organization, public or 17
private, to violate the provisions of this subsection may be the subject of an action 18
for appropriate relief or for damages in a Circuit Court or District Court of 19
competent jurisdiction. 20
(5) (a) The following persons, if they hold a license to carry a concealed deadly 21
weapon pursuant to KRS 237.110 or 237.138 to 237.142, may carry a firearm 22
or other concealed deadly weapon on or about their persons at all times and at 23
all locations within the Commonwealth of Kentucky, without any limitation 24
other than as provided in this subsection: 25
1. A Commonwealth's attorney or assistant Commonwealth's attorney; 26
2. A retired Commonwealth's attorney or retired assistant Commonwealth's 27 UNOFFICIAL COPY 22 RS BR 62
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attorney; 1
3. A county attorney or assistant county attorney; 2
4. A retired county attorney or retired assistant county attorney; 3
5. A justice or judge of the Court of Justice; 4
6. A retired or senior status justice or judge of the Court of Justice; and 5
7. A retired peace officer who holds a concealed deadly weapon license 6
issued pursuant to the federal Law Enforcement Officers Safety Act, 18 7
U.S.C. sec. 926C, and KRS 237.138 to 237.142. 8
(b) [The provisions of this subsection shall not authorize a person specified in this 9
subsection to carry a concealed deadly weapon in a detention facility as 10
defined in KRS 520.010 or on the premises of a detention facility without the 11
permission of the warden, jailer, or other person in charge of the facility, or 12
the permission of a person authorized by the warden, jailer, or other person in 13
charge of the detention facility to give such permission. As used in this 14
section, "detention facility" does not include courtrooms, facilities, or other 15
premises used by the Court of Justice or administered by the Administrative 16
Office of the Courts. 17
(c) ]A person specified in paragraph (a) of this subsection[section] who is issued 18
a concealed deadly weapon license shall be issued a license which bears on its 19
face the statement that it is valid at all locations within the Commonwealth of 20
Kentucky and may have such other identifying characteristics as determined 21
by the Department of Kentucky State Police. 22
(c) An attorney licensed to practice law in the Commonwealth of Kentucky and 23
in good standing with the Kentucky Bar Association, who holds a license to 24
carry a concealed deadly weapon pursuant to KRS 237.110 or 237.138 to 25
237.142, may carry a firearm or other concealed deadly weapon on or about 26
his or her person into any courthouse. 27 UNOFFICIAL COPY 22 RS BR 62
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(d) A person specified in paragraph (a) or (c) of this subsection who carries a 1
concealed deadly weapon into any courthouse, shall file notice with the 2
sheriff of the county in which the courthouse is located that the person 3
intends to carry a concealed deadly weapon into the courthouse. Filing one 4
(1) notice shall be sufficient and the person shall not be required to file a 5
subsequent notice upon every entry into the courthouse. 6
(e) The sheriff of each county shall compile and maintain a list of all persons 7
who have filed notice of intent to carry a concealed deadly weapon into a 8
courthouse, and shall provide the list to the bailiffs and other security 9
personnel of each courthouse. 10
(f) A person specified in paragraph (a) or (c) of this subsection shall display his 11
or her license to carry a concealed deadly weapon to the bailiff or other 12
security personnel conducting security checks upon entering the 13
courthouse. 14
(g) Failure to file the notice required under this section with the sheriff because 15
of mistake or lack of knowledge of the requirement shall not constitute a 16
violation of this section, but shall be grounds for a bailiff or other security 17
personnel to deny entry of the person while the firearm is in the possession 18
of the person. 19
(h) This subsection shall not authorize a person specified in this subsection to 20
carry a concealed deadly weapon in a detention facility or on the premises 21
of a detention facility without the permission of the warden, jailer, or other 22
person in charge of the facility, or the permission of a person authorized by 23
the warden, jailer, or other person in charge of the detention facility to give 24
such permission. As used in this paragraph, "detention facility" has the 25
same meaning as in KRS 520.010, but does not include courtrooms, 26
facilities, or other premises used by the Court of Justice or administered by 27 UNOFFICIAL COPY 22 RS BR 62
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the Administrative Office of the Courts. 1
(6) (a) Except as provided in this subsection, the following persons may carry 2
concealed deadly weapons on or about their person at all times and at all 3
locations within the Commonwealth of Kentucky: 4
1. An elected sheriff and full-time and part-time deputy sheriffs certified 5
pursuant to KRS 15.380 to 15.404 when expressly authorized to do so 6
by the unit of government employing the officer; 7
2. An elected jailer and a deputy jailer who has successfully completed 8
Department of Corrections basic training and maintains his or her 9
current in-service training when expressly authorized to do so by the 10
jailer; and 11
3. The department head or any employee of a corrections department in any 12
jurisdiction where the office of elected jailer has been merged with the 13
office of sheriff who has successfully completed Department of 14
Corrections basic training and maintains his or her current in-service 15
training when expressly authorized to do so by the unit of government 16
by which he or she is employed. 17
(b) The provisions of this subsection shall not authorize a person specified in this 18
subsection to carry a concealed deadly weapon in a detention facility as 19
defined in KRS 520.010 or on the premises of a detention facility without the 20
permission of the warden, jailer, or other person in charge of the facility, or 21
the permission of a person authorized by the warden, jailer, or other person in 22
charge of the detention facility to give such permission. As used in this 23
section, "detention facility" does not include courtrooms, facilities, or other 24
premises used by the Court of Justice or administered by the Administrative 25
Office of the Courts. 26
(7) (a) A full-time paid peace officer of a government agency from another state or 27 UNOFFICIAL COPY 22 RS BR 62
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territory of the United States or an elected sheriff from another territory of the 1
United States may carry a concealed deadly weapon in Kentucky, on or off 2
duty, if the other state or territory accords a Kentucky full-time paid peace 3
officer and a Kentucky elected sheriff the same rights by law. If the other state 4
or territory limits a Kentucky full-time paid peace officer or elected sheriff to 5
carrying a concealed deadly weapon while on duty, then that same restriction 6
shall apply to a full-time paid peace officer or elected sheriff from that state or 7
territory. 8
(b) The provisions of this subsection shall not authorize a person specified in this 9
subsection to carry a concealed deadly weapon in a detention facility as 10
defined in KRS 520.010 or on the premises of a detention facility without the 11
permission of the warden, jailer, or other person in charge of the facility, or 12
the permission of a person authorized by the warden, jailer, or other person in 13
charge of the detention facility to give such permission. As used in this 14
section, "detention facility" does not include courtrooms, facilities, or other 15
premises used by the Court of Justice or administered by the Administrative 16
Office of the Courts. 17
(8) A loaded or unloaded firearm or other deadly weapon shall not be deemed 18
concealed on or about the person if it is located in any enclosed container, 19
compartment, or storage space installed as original equipment in a motor vehicle by 20
its manufacturer, including but not limited to a glove compartment, center console, 21
or seat pocket, regardless of whether said enclosed container, storage space, or 22
compartment is locked, unlocked, or does not have a locking mechanism. No person 23
or organization, public or private, shall prohibit a person from keeping a loaded or 24
unloaded firearm or ammunition, or both, or other deadly weapon in a vehicle in 25
accordance with the provisions of this subsection. Any attempt by a person or 26
organization, public or private, to violate the provisions of this subsection may be 27 UNOFFICIAL COPY 22 RS BR 62
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the subject of an action for appropriate relief or for damages in a Circuit Court or 1
District Court of competent jurisdiction. This subsection shall not apply to any 2
person prohibited from possessing a firearm pursuant to KRS 527.040. 3
(9) The provisions of this section shall not apply to a person who carries a concealed 4
deadly weapon on or about his or her person: 5
(a) If he or she is the owner of the property or has the permission of the owner of 6
the property, on real property which he or she or his or her spouse, parent, 7
grandparent, or child owns; 8
(b) If he or she is the lessee of the property or has the permission of the lessee of 9
the property, on real property which he or she or his or her spouse, parent, 10
grandparent, or child occupies pursuant to a lease; or 11
(c) If he or she is the sole proprietor of the business, on real property owned or 12
leased by the business. 13
(10) Carrying a concealed weapon is a Class A misdemeanor, unless the defendant has 14
been previously convicted of a felony in which a deadly weapon was possessed, 15
used, or displayed, in which case it is a Class D felony. 16