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AN ACT relating to firearms and declaring an emergency. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 237 IS CREATED TO 3
READ AS FOLLOWS: 4
As used in this chapter: 5
(1) (a) "Assault weapon" means: 6
1. A semiautomatic rifle that has an ability to accept a detachable 7
magazine and has at least one (1) of the following characteristics: 8
a. A folding or telescoping stock; 9
b. A pistol grip that protrudes conspicuously beneath the action of 10
the weapon; 11
c. A second handgrip or a protruding grip that can be held by the 12
nontrigger hand; 13
d. A bayonet mount; 14
e. A flash suppressor, muzzle break, muzzle compensator, or 15
threaded barrel designed to accommodate a flash suppressor, 16
muzzle break, or muzzle compensator; or 17
f. A grenade launcher; 18
2. A semiautomatic shotgun that has at least one (1) of the following 19
characteristics: 20
a. A folding or telescoping stock; 21
b. A second handgrip or a protruding grip that can be held by the 22
nontrigger hand; 23
c. A fixed magazine capacity in excess of seven (7) rounds; or 24
d. An ability to accept a detachable magazine; or 25
3. A semiautomatic pistol that has an ability to accept a detachable 26
magazine and has at least one (1) of the following characteristics: 27 UNOFFICIAL COPY 23 RS BR 1310
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a. A folding or telescoping stock; 1
b. A second handgrip or a protruding grip that can be held by the 2
nontrigger hand; 3
c. Capacity to accept an ammunition magazine that attaches to the 4
pistol outside of the pistol grip; 5
d. A threaded barrel capable of accepting a barrel extender, flash 6
suppressor, forward handgrip, or silencer; 7
e. A shroud that is attached to, or partially or completely encircles, 8
the barrel and that permits the shooter to hold the firearm with 9
the non-trigger hand without being burned; or 10
f. A manufactured weight of fifty (50) ounces or more when the 11
pistol is unloaded; 12
4. A semiautomatic version of an automatic rifle, shotgun, or firearm; or 13
5. A revolving cylinder shotgun. 14
(b) "Assault weapon" does not include: 15
1. Any rifle, shotgun, or pistol that is manually operated by bolt, pump, 16
lever, or slide action, which has been rendered permanently 17
inoperable, or which is an antique firearm as defined in 18 U.S.C. sec. 18
921(a)(16); 19
2. A semiautomatic rifle that cannot accept a detachable magazine that 20
holds more than five (5) rounds of ammunition; or 21
3. A semiautomatic shotgun that cannot hold more than five (5) rounds 22
of ammunition in a fixed or detachable magazine; 23
(2) "Large-capacity ammunition-feeding device" means a magazine, belt, drum, feed 24
strip, or similar device that has a capacity of, or that can be readily restored or 25
converted to accept, more than seven (7) rounds of ammunition, but does not 26
include an attached tubular device designed to accept and capable of operating 27 UNOFFICIAL COPY 23 RS BR 1310
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only with, .22 caliber rimfire ammunition or a feeding device that is a curio or 1
relic. To qualify as a curio or relic feeding device under this subsection, it must 2
be a feeding device that: 3
(a) Was manufactured at least fifty (50) years prior to the current date, not 4
including replicas thereof; 5
(b) Is only capable of being used exclusively in a firearm, rifle, or shotgun that 6
was manufactured at least fifty (50) years prior to the current date, not 7
including replicas thereof; 8
(c) Is possessed by an individual who is not prohibited by state or federal law 9
from possessing a firearm; and 10
(d) Is registered with the Department of Kentucky State Police pursuant to 11
Section 15 of this Act; and 12
(3) "Seller of ammunition" means any person, firm, partnership, corporation, or 13
company that engages in the business of purchasing, selling, or keeping 14
ammunition. 15
SECTION 2. A NEW SECTION OF KRS CHAPTER 237 IS CREATED TO 16
READ AS FOLLOWS: 17
(1) In addition to any other requirement of state or federal law, all sales, exchanges, 18
or transfers of firearms shall be conducted in accordance with this section unless 19
the sale, exchange, or transfer is: 20
(a) Conducted by a licensed importer, licensed manufacturer, or licensed 21
dealer, as those terms are defined in 18 U.S.C. secs. 921 and 922, when the 22
sale, exchange, or transfer is conducted pursuant to that person’s federal 23
firearms license; or 24
(b) Between spouses, children, and stepchildren in the same immediate family. 25
(2) Before any sale, exchange, or transfer pursuant to this section, a national instant 26
criminal background check shall be completed by a dealer who consents to 27 UNOFFICIAL COPY 23 RS BR 1310
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conduct a check, and upon completion of the background check, shall complete a 1
document, the form of which shall be developed and distributed by the 2
Department of Kentucky State Police, that identifies and confirms that the check 3
was performed. 4
(3) In addition to any sales log-keeping requirements created under Section 15 of 5
this Act or any other requirement of state or federal law, all dealers shall 6
maintain a record of transactions and of background checks conducted pursuant 7
to this section, and the records shall be maintained on the premises mentioned 8
and described in the dealer's license, and shall be open at all reasonable hours 9
for inspection by any peace officer acting pursuant to his or her duties. 10
(4) A dealer may require that any sale or transfer conducted pursuant to this section 11
be subject to a fee not to exceed ten dollars ($10) per transaction. 12
(5) Any record produced pursuant to this section and any transmission thereof to any 13
government agency shall not be considered a public record for purposes of the 14
Kentucky Open Records Act, KRS 61.870 to 61.884. 15
(6) Any person who knowingly violates this section shall be guilty of a Class A 16
misdemeanor. 17
SECTION 3. A NEW SECTION OF KRS CHAPTER 237 IS CREATED TO 18
READ AS FOLLOWS: 19
(1) Any owner or other person lawfully in possession of a firearm who suffers the 20
loss or theft of the firearm or any person who sells ammunition who suffers a loss 21
or theft of ammunition shall, within twenty-four (24) hours of the discovery of the 22
loss or theft, report the facts and circumstances of the loss or theft to a local 23
police department or sheriff’s office. The report shall contain, if known, the 24
caliber, make, model, manufacturer’s name and serial number, if any, and any 25
other distinguishing number or identification mark on the firearm, or the make, 26
type, and caliber of the ammunition. The local police department or sheriff's 27 UNOFFICIAL COPY 23 RS BR 1310
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office shall forward a copy of the report to the Department of Kentucky State 1
Police. 2
(2) The Department of Kentucky State Police shall: 3
(a) Receive, collect, and file the information referred to in subsection (1) of this 4
section. The department shall cooperate, and undertake to furnish or make 5
available to law enforcement agencies this information, for the purpose of 6
coordinating law enforcement efforts to locate the firearm or ammunition; 7
and 8
(b) Promulgate any administrative regulations necessary to implement this 9
section. 10
(3) A person who fails to make a report of a loss or theft as required by subsection (1) 11
of this section shall be guilty of a Class A misdemeanor. 12
SECTION 4. A NEW SECTION OF KRS CHAPTER 237 IS CREATED TO 13
READ AS FOLLOWS: 14
(1) A person who owns or is custodian of a firearm shall not store or otherwise leave 15
the firearm out of his or her immediate possession or control without having first 16
securely locked the firearm in an appropriate safe storage depository or rendered 17
it incapable of being fired by use of a gun-locking device appropriate to that 18
weapon, including through the use of a safe or other secure container which, 19
when locked, is incapable of being opened without the key, combination, or other 20
unlocking mechanism and is capable of preventing an unauthorized person from 21
obtaining access to and possession of its contents. 22
(2) A violation of this section shall be a Class A misdemeanor. 23
Section 5. KRS 395.250 is amended to read as follows: 24
It shall be the duty of a personal representative of a decedent to return an inventory in 25
duplicate within two (2) months from the time of qualifying as such, to the clerk's office 26
of the court in which he or she qualified, the original of which shall be recorded by the 27 UNOFFICIAL COPY 23 RS BR 1310
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clerk and the duplicate shall be mailed by the clerk to the secretary of revenue. The 1
inventory shall include a particularized description of every firearm that is part of the 2
estate, and if a firearm is included, a copy of the inventory shall be provided to the 3
Department of Kentucky State Police. Copies from the record of the inventory or 4
appraisement shall be prima facie evidence for or against such representative. 5
Section 6. KRS 403.735 is amended to read as follows: 6
(1) Prior to or at a hearing on a petition for an order of protection: 7
(a) The court may obtain the respondent's Kentucky criminal and protective order 8
history and utilize that information to assess what relief and which sanctions 9
may protect against danger to the petitioner or other person for whom 10
protection is being sought, with the information so obtained being provided to 11
the parties in accordance with the Rules of Civil Procedure; and 12
(b) If the petitioner or respondent is a minor, the court shall inquire whether the 13
parties attend school in the same school system to assist the court in imposing 14
conditions in the order that have the least disruption in the administration of 15
education to the parties while providing appropriate protection to the 16
petitioner. 17
(2) (a) If the adverse party is not present at the hearing ordered pursuant to KRS 18
403.730 and has not been served, a previously issued emergency protective 19
order shall remain in place, and the court shall direct the issuance of a new 20
summons for a hearing set not more than fourteen (14) days in the future. If 21
service has not been made on the adverse party before that hearing or a 22
subsequent hearing, the emergency protective order shall remain in place, and 23
the court shall continue the hearing and issue a new summons with a new date 24
and time for the hearing to occur, which shall be within fourteen (14) days of 25
the originally scheduled date for the continued hearing. The court shall repeat 26
the process of continuing the hearing and reissuing a new summons until the 27 UNOFFICIAL COPY 23 RS BR 1310
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adverse party is served in advance of the scheduled hearing. If service has not 1
been made on the respondent at least seventy-two (72) hours prior to the 2
scheduled hearing, the court may continue the hearing no more than fourteen 3
(14) days in the future. In issuing the summons, the court shall simultaneously 4
transmit a copy of the summons or notice of its issuance and provisions to the 5
petitioner. 6
(b) The provisions of this section permitting the continuance of an emergency 7
protective order shall be limited to six (6) months from the issuance of the 8
emergency protective order. If the respondent has not been served within that 9
period, the order shall be rescinded without prejudice. Prior to the expiration 10
of the emergency protective order, the court shall provide notice to the 11
petitioner stating that, if the petitioner does not file a new petition, the order 12
shall be rescinded without prejudice. 13
(c) In issuing an order of protection or in considering any requested 14
modifications to or violations of an existing order of protection, the court 15
shall make a determination of whether there is a substantial risk that the 16
respondent may use or threaten to use a firearm unlawfully against the 17
person for whose protection the order of protection is issued. If the court 18
finds that a substantial risk exists, the court shall order that the respondent 19
be prohibited from possessing a firearm and shall order him or her to 20
surrender any firearms owned or possessed by the respondent to the sheriff 21
of the county where the firearm is located, who shall impound the weapon 22
until the prohibition is lifted, the order expires, or the respondent directs the 23
transfer of the weapon to a person lawfully allowed to possess the firearm. 24
Section 7. KRS 504.030 is amended to read as follows: 25
(1) When a defendant is found not guilty by reason of insanity, the court shall: 26
(a) Conduct an involuntary hospitalization proceeding under KRS Chapter 202A 27 UNOFFICIAL COPY 23 RS BR 1310
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or 202B; and 1
(b) Order in open court that the defendant be prohibited from possessing a 2
firearm and shall also order him or her to surrender any firearms owned or 3
possessed by the defendant to the sheriff of the county where the firearm is 4
located. The sheriff shall impound the weapon until the order expires or is 5
lifted, the conviction is altered, amended, or vacated, the defendant is 6
granted a pardon, or the respondent directs the transfer of the weapon to a 7
person lawfully allowed to possess the firearm. 8
(2) To facilitate the procedure established in subsection (1) of this section, the court 9
may order the detention of the defendant for a period of ten (10) days to allow for 10
proceedings to be initiated against the defendant for examination and possible 11
detention pursuant to the provisions of KRS Chapter 202A or 202B. 12
Section 8. KRS 237.104 is amended to read as follows: 13
(1) No person, unit of government, or governmental organization shall, during a period 14
of disaster or emergency as specified in KRS Chapter 39A or at any other time, 15
have the right to revoke, suspend, limit the use of, or otherwise impair the validity 16
of the right of any person to purchase, transfer, loan, own, possess, carry, or use a 17
firearm, firearm part, ammunition, ammunition component, or any deadly weapon 18
or dangerous instrument. 19
(2) No person, unit of government, or governmental organization shall, during a period 20
of disaster or emergency as specified in KRS Chapter 39A or at any other time, 21
take, seize, confiscate, or impound a firearm, firearm part, ammunition, ammunition 22
component, or any deadly weapon or dangerous instrument from any person. 23
(3) The provisions of this section shall not apply to the taking of an item specified in 24
subsection (1) or (2) of this section from a person who is: 25
(a) Forbidden to possess a firearm pursuant to KRS 527.040 or Section 6, 7, or 26
14 of this Act; 27 UNOFFICIAL COPY 23 RS BR 1310
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(b) Forbidden to possess a firearm pursuant to federal law; 1
(c) Violating KRS 527.020; 2
(d) In possession of a stolen firearm; 3
(e) Using a firearm in the commission of a separate criminal offense; or 4
(f) Using a firearm or other weapon in the commission of an offense under KRS 5
Chapter 150. 6
Section 9. KRS 506.080 is amended to read as follows: 7
(1) A person is guilty of criminal facilitation when, acting with knowledge that another 8
person is committing or intends to commit a crime, he or she engages in conduct 9
which knowingly provides such person with means or opportunity for the 10
commission of the crime and which in fact aids such person to commit the crime, 11
including making available, selling, exchanging, giving, or disposing of a 12
firearm. 13
(2) Criminal facilitation is a: 14
(a) Class D felony when the crime facilitated is a Class A or Class B felony or 15
capital offense; 16
(b) Class A misdemeanor when the crime facilitated is a Class C or Class D 17
felony; 18
(c) Class B misdemeanor when the crime facilitated is a misdemeanor. 19
Section 10. KRS 508.020 is amended to read as follows: 20
(1) A person is guilty of assault in the second degree when: 21
(a) He or she intentionally causes serious physical injury to another person;[ or ] 22
(b) He or she intentionally causes physical injury to another person by means of a 23
deadly weapon or a dangerous instrument;[ or] 24
(c) He or she wantonly causes serious physical injury to another person by means 25
of a deadly weapon or a dangerous instrument; or 26
(d) He or she wantonly causes physical injury to a minor by intentionally 27 UNOFFICIAL COPY 23 RS BR 1310
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discharging a firearm. 1
(2) Assault in the second degree is a Class C felony. 2
SECTION 11. A NEW SECTION OF KRS CHAPTER 527 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) A person is guilty of criminal purchase or transfer of a weapon when knowing 5
that: 6
(a) He or she is prohibited by law from possessing a firearm because of a prior 7
conviction or is otherwise ineligible to lawfully possess a firearm under state 8
or federal law, the person purchases a firearm from another person; 9
(b) It would be unlawful for another person to possess a firearm, he or she 10
purchases a firearm for, on behalf of, or for the use of that other person; or 11
(c) Another person is prohibited by law from possessing a firearm because of a 12
prior conviction or is otherwise ineligible to lawfully possess a firearm 13
under state or federal law, a person transfers a firearm to that other person. 14
(2) Criminal purchase or transfer of a weapon is a Class D felony. 15
Section 12. KRS 527.040 is amended to read as follows: 16
(1) A person is guilty of possession of a firearm by a convicted felon when he or she 17
possesses, manufactures, or transports a firearm when he or she has been convicted 18
of a felony, as defined by the laws of the jurisdiction in which he or she was 19
convicted, in any state or federal court and has not: 20
(a) Been granted a full pardon by the Governor or by the President of the United 21
States; or 22
(b) Been granted relief by the United States Secretary of the Treasury pursuant to 23
the Federal Gun Control Act of 1968, as amended. 24
(2) (a) Possession of a firearm by a convicted felon is a Class D felony unless the 25
firearm possessed is a handgun in which case it is a Class C felony. 26
(b) If a felon is convicted of a criminal offense other than possession of a firearm 27 UNOFFICIAL COPY 23 RS BR 1310
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by a convicted felon, and he or she possessed a firearm in commission of that 1
offense, then the felon shall be penalized for violating this section one (1) 2
class more severely if it is a second or subsequent violation of this section. 3
(c) Sentences for violation of this section shall be served subsequent to the 4
service of any other felony sentence imposed on the offender. 5
(3) The provisions of this section shall apply to any youthful offender convicted of a 6
felony offense under the laws of this Commonwealth. The exceptions contained in 7
KRS 527.100 prohibiting possession of a handgun by a minor shall not apply to this 8
section. 9
(4) The provisions of this section with respect to handguns, shall apply only to persons 10
convicted after January 1, 1975, and with respect to other firearms, to persons 11
convicted after July 15, 1994. 12
Section 13. KRS 527.070 is amended to read as follows: 13
(1) A person is guilty of unlawful possession of a weapon on school property when he 14
or she knowingly deposits, possesses, or carries, whether openly or concealed, for 15
purposes other than instructional or school-sanctioned ceremonial purposes, or the 16
purposes permitted in subsection (3) of this section, any firearm or other deadly 17
weapon, destructive device, or booby trap device in any postsecondary education 18
facility, public or private school building or bus, on any public or private school 19
campus, grounds, recreation area, athletic field, or any other property owned, used, 20
or operated by any institute of postsecondary education, board of education, 21
school, board of trustees, regents, or directors for the administration of any public 22
or private educational institution.[ The provisions of this section shall not apply to 23
institutions of postsecondary or higher education.] 24
(2) Each chief administrator of a public or private school shall display about the school 25
in prominent locations, including[,] but not limited to[,] sports arenas, gymnasiums, 26
stadiums, and cafeterias, a sign at least six (6) inches high and fourteen (14) inches 27 UNOFFICIAL COPY 23 RS BR 1310
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wide stating: 1
UNLAWFUL POSSESSION OF A WEAPON ON SCHOOL 2
PROPERTY IN KENTUCKY IS A FELONY PUNISHABLE 3
BY A MAXIMUM OF FIVE (5) YEARS IN PRISON AND A 4
TEN THOUSAND DOLLAR ($10,000) FINE. 5
Failure to post the sign shall not relieve any person of liability under this section. 6
(3) The provisions of this section prohibiting the unlawful possession of a weapon on 7
school property shall not apply to: 8
(a) An adult who is not a pupil of any secondary school and who possesses a 9
firearm, if the firearm is contained within a vehicle operated by the adult and 10
is not removed from the vehicle, except for a purpose permitted herein, or 11
brandished by the adult, or by any other person acting with expressed or 12
implied consent of the adult, while the vehicle is on school property; 13
(b) Any pupils who are members of the reserve officers training corps or pupils 14
enrolled in a course of instruction or members of a school club or team, to the 15
extent they are required to carry arms or weapons in the discharge of their 16
official class or team duties; 17
(c) Any peace officer or police officer authorized to carry a concealed weapon 18
pursuant to KRS 527.020; 19
(d) Persons employed by the Armed Forces of the United States or members of 20
the National Guard or militia when required in the discharge of their official 21
duties to carry arms or weapons; 22
(e) Civil officers of the United States in the discharge of their official duties. 23
Nothing in this section shall be construed as to allow any person to carry a 24
concealed weapon into a public or private elementary or secondary school 25
building; 26
(f) Any other persons, including, but not limited to, exhibitors of historical 27 UNOFFICIAL COPY 23 RS BR 1310
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displays, who have been authorized to carry a firearm by the board of 1
education or board of trustees of the public or private institution; 2
(g) A person hunting during the lawful hunting season on lands owned by any 3
public or private educational institution and designated as open to hunting by 4
the board of education or board of trustees of the educational institution; 5
(h) A person possessing unloaded hunting weapons while traversing the grounds 6
of any public or private educational institution for the purpose of gaining 7
access to public or private lands open to hunting with the intent to hunt on the 8
public or private lands, unless the lands of the educational institution are 9
posted prohibiting the entry; or 10
(i) A person possessing guns or knives when conducting or attending a "gun and 11
knife show" when the program has been approved by the board of education 12
or board of trustees of the educational institution. 13
(4) Unlawful possession of a weapon on school property is a Class D felony. 14
Section 14. KRS 532.030 is amended to read as follows: 15
(1) When a person is convicted of a capital offense, he or she shall have his or her 16
punishment fixed at death, or at a term of imprisonment for life without benefit of 17
probation or parole, or at a term of imprisonment for life without benefit of 18
probation or parole until he or she has served a minimum of twenty-five (25) years 19
of his or her sentence, or to a sentence of life, or to a term of not less than twenty 20
(20) years nor more than fifty (50) years. 21
(2) When a person is convicted of a Class A felony, he or she shall have his 22
punishment fixed at imprisonment in accordance with KRS 532.060. 23
(3) When a person is convicted of an offense other than a capital offense or Class A 24
felony, he or she shall have his or her punishment fixed at: 25
(a) A term of imprisonment authorized by this chapter; or 26
(b) A fine authorized by KRS Chapter 534; or 27 UNOFFICIAL COPY 23 RS BR 1310
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(c) Both imprisonment and a fine unless precluded by the provisions of KRS 1
Chapter 534. 2
(4) When a person is convicted of any capital offense, felony offense, or offense 3
where the defendant is found guilty but mentally ill, the judge pronouncing 4
sentence shall order in open court that the defendant be prohibited from 5
possessing a firearm and shall order him or her to surrender any firearms owned 6
or possessed by the defendant to the sheriff of the county where the firearm is 7
located, who shall impound the weapon until the prohibition is lifted, the 8
conviction is altered, amended, or vacated, the defendant is granted a pardon, or 9
the respondent directs the transfer of the weapon to a person lawfully allowed to 10
possess the firearm. 11
(5) In all cases in which the death penalty may be authorized the judge shall instruct the 12
jury in accordance with subsection (1) of this section. The instructions shall state, 13
subject to the aggravating and mitigating limitations and requirements of KRS 14
532.025, that the jury may recommend upon a conviction for a capital offense a 15
sentence of death, or at a term of imprisonment for life without benefit of probation 16
or parole, or a term of imprisonment for life without benefit of probation or parole 17
until the defendant has served a minimum of twenty-five (25) years of his or her 18
sentence, or a sentence of life, or to a term of not less than twenty (20) years nor 19
more than fifty (50) years. 20
SECTION 15. A NEW SECTION OF KRS CHAPTER 237 IS CREATED TO 21
READ AS FOLLOWS: 22
(1) (a) The Department of Kentucky State Police shall promulgate an 23
administrative regulation for the licensure of persons to possess a handgun 24
in the Commonwealth of Kentucky. The administrative regulation shall 25
prohibit the possession of a handgun by a person in Kentucky unless the 26
person holds a license or falls within an exemption that the Department of 27 UNOFFICIAL COPY 23 RS BR 1310
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Kentucky State Police may create in the administrative regulation. The 1
license shall be available to persons who are at least twenty-one (21) years 2
old or have been honorably discharged from the Armed Forces of the 3
United States, meet the eligibility criteria established by the department, and 4
are not otherwise prohibited by state or federal law from possessing a 5
handgun. 6
(b) The Department of Kentucky State Police may establish a fee for 7
applications for a license sufficient to cover the costs of administering the 8
program. 9
(c) Licenses issued under this subsection shall be effective for no longer than 10
five (5) years. 11
(d) Persons receiving a license under this subsection shall be given the option 12
of deciding whether the license shall be public or private. If the registration 13
is private, the record shall not be a public record under the Kentucky Open 14
Records Act, KRS 61.870 to 61.884. 15
(e) Any person who possesses a handgun in violation of the administrative 16
regulations promulgated under this subsection shall be guilty of a Class A 17
misdemeanor. 18
(2) (a) The Department of Kentucky State Police shall promulgate an 19
administrative regulation for the registration of handguns in Kentucky. The 20
administrative regulation shall prohibit the possession of an unregistered 21
handgun by a person in Kentucky unless the handgun falls within an 22
exemption that the Department of Kentucky State Police may create in the 23
administrative regulation. 24
(b) The administrative regulation shall require that the handgun's registration 25
information be updated upon any transfer of ownership of the handgun. 26
(c) The Department of Kentucky State Police may establish a fee for 27 UNOFFICIAL COPY 23 RS BR 1310
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applications for a license sufficient to cover the costs of administering the 1
program. 2
(d) Persons registering a handgun under this subsection shall be given the 3
option of deciding whether the registration shall be public or private. If the 4
registration is private, the record shall not be a public record under the 5
Kentucky Open Records Act, KRS 61.870 to 61.884. 6
(e) Any person who possesses an unregistered handgun in violation of the 7
administrative regulation promulgated under this subsection shall be guilty 8
of a Class A misdemeanor. 9
(3) (a) The Department of Kentucky State Police shall promulgate an 10
administrative regulation for the licensure of persons to possess an assault 11
weapon or a large-capacity ammunition-feeding device in the 12
Commonwealth of Kentucky. The administrative regulation shall prohibit 13
the possession of an assault weapon or a large-capacity ammunition-14
feeding device by a person in Kentucky unless the person holds a license or 15
falls within an exemption that the Department of Kentucky State Police may 16
create in the administrative regulation. The license shall be available to 17
persons who are at least twenty-one (21) years old or have been honorably 18
discharged from the Armed Forces of the United States, meet the eligibility 19
criteria established by the department, and are not otherwise prohibited by 20
state or federal law from possessing an assault weapon or a large-capacity 21
ammunition-feeding device. 22
(b) The Department of Kentucky State Police may establish a fee for 23
applications for a license sufficient to cover the costs of administering the 24
program. 25
(c) Licenses issued under this subsection shall be effective for no longer than 26
five (5) years. 27 UNOFFICIAL COPY 23 RS BR 1310
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(d) Persons receiving a license under this subsection shall be given the option 1
of deciding whether the license shall be public or private. If the registration 2
is private, the record shall not be a public record under the Kentucky Open 3
Records Act, KRS 61.870 to 61.884. 4
(e) Any person who possesses an assault weapon or a large-capacity 5
ammunition-feeding device in violation of the administrative regulation 6
promulgated under this subsection shall be guilty of a Class D felony. 7
(4) (a) The Department of Kentucky State Police shall promulgate an 8
administrative regulation for the registration of assault weapons or large-9
capacity ammunition-feeding devices in Kentucky. The administrative 10
regulation shall prohibit the possession of an unregistered assault weapon 11
or a large-capacity ammunition-feeding device by a person in Kentucky 12
unless the assault weapon or large-capacity ammunition-feeding device 13
falls within an exemption that the Department of Kentucky State Police may 14
create in the administrative regulation. 15
(b) The administrative regulation shall require that the assault weapon or 16
large-capacity ammunition-feeding device registration information be 17
updated upon any transfer of ownership of the assault weapon or large-18
capacity ammunition-feeding device. 19
(c) The Department of Kentucky State Police may establish a fee for 20
applications for a license sufficient to cover the costs of administering the 21
program. 22
(d) Persons registering an assault weapon or large-capacity ammunition-23
feeding device under this subsection shall be given the option of deciding 24
whether the registration shall be public or private. If the registration is 25
private, the record shall not be a public record under the Kentucky Open 26
Records Act, KRS 61.870 to 61.884. 27 UNOFFICIAL COPY 23 RS BR 1310
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(e) Any person who possesses an unregistered assault weapon or large-capacity 1
ammunition-feeding device in violation of the administrative regulation 2
promulgated under this subsection shall be guilty of a Class D felony. 3
(5) (a) The Department of Kentucky State Police shall promulgate an 4
administrative regulation establishing a sales log-keeping requirement for 5
firearms dealers and ammunition sellers operating in Kentucky that sell 6
handguns, ammunition for handguns, assault weapons, ammunition for 7
assault weapons, large-capacity ammunition-feeding devices, or 8
ammunition for large-capacity ammunition-feeding devices. 9
(b) 1. The administrative regulation may require that the log be kept in 10
electronic format and transmitted to the department at regular 11
intervals. 12
2. The administrative regulation may require the Department of 13
Kentucky State Police or seller to require the purchaser to produce a 14
government-issued photo identification, which the dealer or seller 15
shall record in the log. 16
(c) By July 1, 2024 the log shall be required to operate in real time and shall 17
query the records of the department prior to the completion of a sale, 18
including sales, exchanges, or transfers pursuant to Section 2 of this Act, to 19
determine whether the purchaser has a current, valid license to possess that 20
type of firearm or a license for the type of firearm for which the 21
ammunition is being purchased. 22
(d) Records kept in the sales log shall be open to inspection by any peace officer 23
acting on official business. 24
(e) Any firearms dealer who violates the administrative regulation promulgated 25
under this subsection shall be guilty of a Class B misdemeanor. 26
Section 16. KRS 532.025 is amended to read as follows: 27 UNOFFICIAL COPY 23 RS BR 1310
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(1) (a) Upon conviction of a defendant in cases where the death penalty may be 1
imposed, a hearing shall be conducted. In such hearing, the judge shall hear 2
additional evidence in extenuation, mitigation, and aggravation of 3
punishment, including the record of any prior criminal convictions and pleas 4
of guilty or pleas of nolo contendere of the defendant, or the absence of any 5
prior conviction and pleas; provided, however, that only that[such] evidence 6
in aggravation as the state has made known to the defendant prior to his or 7
her trial shall be admissible. Subject to the Kentucky Rules of Evidence, 8
juvenile court records of adjudications of guilt of a child for an offense that 9
would be a felony if committed by an adult shall be admissible in court at any 10
time the child is tried as an adult, or after the child becomes an adult, at any 11
subsequent criminal trial relating to that same person. Juvenile court records 12
made available pursuant to this section may be used for impeachment 13
purposes during a criminal trial and may be used during the sentencing phase 14
of a criminal trial; however, the fact that a juvenile has been adjudicated 15
delinquent of an offense that would be a felony if the child had been an adult 16
shall not be used in finding the child to be a persistent felony offender based 17
upon that adjudication. Release of the child's treatment, medical, mental, or 18
psychological records is prohibited unless presented as evidence in Circuit 19
Court. Release of any records resulting from the child's prior abuse and 20
neglect under Title IV-E or IV-B of the Federal Social Security Act is also 21
prohibited. The judge shall also hear argument by the defendant or his or her 22
counsel and the prosecuting attorney, as provided by law, regarding the 23
punishment to be imposed. The prosecuting attorney shall open and the 24
defendant shall conclude the argument. In cases in which the death penalty 25
may be imposed, the judge when sitting without a jury shall follow the 26
additional procedure provided in subsection (2) of this section. Upon the 27 UNOFFICIAL COPY 23 RS BR 1310
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conclusion of the evidence and arguments, the judge shall impose the sentence 1
or shall recess the trial for the purpose of taking the sentence within the limits 2
prescribed by law. If the trial court is reversed on appeal because of error only 3
in the presentence hearing, the new trial which may be ordered shall apply 4
only to the issue of punishment; 5
(b) In all cases in which the death penalty may be imposed and which are tried by 6
a jury, upon a return of a verdict of guilty by the jury, the court shall resume 7
the trial and conduct a presentence hearing before the jury. The[Such] hearing 8
shall be conducted in the same manner as presentence hearings conducted 9
before the judge as provided in paragraph (a) of this subsection, including the 10
record of any prior criminal convictions and pleas of guilty or pleas of nolo 11
contendere of the defendant. Upon the conclusion of the evidence and 12
arguments, the judge shall give the jury appropriate instructions, and the jury 13
shall retire to determine whether any mitigating or aggravating circumstances, 14
as defined in subsection (2) of this section, exist and to recommend a sentence 15
for the defendant. Upon the findings of the jury, the judge shall fix a sentence 16
within the limits prescribed by law. 17
(2) In all cases of offenses for which the death penalty may be authorized, the judge 18
shall consider, or he or she shall include in the[his] instructions to the jury for it to 19
consider, any mitigating circumstances or aggravating circumstances otherwise 20
authorized by law and any of the following statutory aggravating or mitigating 21
circumstances which may be supported by the evidence: 22
(a) Aggravating circumstances: 23
1. The offense of murder or kidnapping was committed by a person with a 24
prior record of conviction for a capital offense, or the offense of murder 25
was committed by a person who has a substantial history of serious 26
assaultive criminal convictions; 27 UNOFFICIAL COPY 23 RS BR 1310
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2. The offense of murder or kidnapping was committed while the offender 1
was engaged in the commission of arson in the first degree, robbery in 2
the first degree, burglary in the first degree, rape in the first degree, or 3
sodomy in the first degree; 4
3. The offender by his or her act of murder, armed robbery, or kidnapping 5
knowingly created a great risk of death to more than one (1) person in a 6
public place by means of a weapon of mass destruction, weapon, or 7
other device which would normally be hazardous to the lives of more 8
than one (1) person; 9
4. The offender committed the offense of murder for himself, herself, or 10
another, for the purpose of receiving money or any other thing of 11
monetary value, or for other profit; 12
5. The offense of murder was committed by a person who was a prisoner 13
and the victim was a prison employee engaged at the time of the act in 14
the performance of his or her duties; 15
6. The offender's act or acts of killing were intentional and resulted in 16
multiple deaths; 17
7. The offender's act of killing was intentional and the victim was a state or 18
local public official or police officer, sheriff, or deputy sheriff engaged 19
at the time of the act in the lawful performance of his or her duties; and 20
8. The offender murdered the victim when an emergency protective order 21
or a domestic violence order was in effect, or when any other order 22
designed to protect the victim from the offender, such as an order issued 23
as a condition of a bond, conditional release, probation, parole, or 24
pretrial diversion, was in effect. 25
(b) Mitigating circumstances: 26
1. The defendant has no significant history of prior criminal activity; 27 UNOFFICIAL COPY 23 RS BR 1310
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2. The capital offense was committed while the defendant was under the 1
influence of extreme mental or emotional disturbance even though the 2
influence of extreme mental or emotional disturbance is not sufficient to 3
constitute a defense to the crime; 4
3. The victim was a participant in the defendant's criminal conduct or 5
consented to the criminal act; 6
4. The capital offense was committed under circumstances which the 7
defendant believed to provide a moral justification or extenuation for his 8
or her conduct even though the circumstances which the defendant 9
believed to provide a moral justification or extenuation for his conduct 10
are not sufficient to constitute a defense to the crime; 11
5. The defendant was an accomplice in a capital offense committed by 12
another person and his or her participation in the capital offense was 13
relatively minor; 14
6. The defendant acted under duress or under the domination of another 15
person even though the duress or the domination of another person is not 16
sufficient to constitute a defense to the crime; 17
7. At the time of the capital offense, the capacity of the defendant to 18
appreciate the criminality of his or her conduct to the requirements of 19
law was impaired as a result of mental illness or an intellectual disability 20
or intoxication even though the impairment of the capacity of the 21
defendant to appreciate the criminality of his or her conduct or to 22
conform the conduct to the requirements of law is insufficient to 23
constitute a defense to the crime; and 24
8. The youth of the defendant at the time of the crime. 25
(3) The instructions as determined by the trial judge to be warranted by the evidence or 26
as required by KRS 532.030(5)[(4)] shall be given in charge and in writing to the 27 UNOFFICIAL COPY 23 RS BR 1310
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jury for its deliberation. The jury, if its verdict be a recommendation of death, or 1
imprisonment for life without benefit of probation or parole, or imprisonment for 2
life without benefit of probation or parole until the defendant has served a minimum 3
of twenty-five (25) years of his or her sentence, shall designate in writing, signed 4
by the foreman of the jury, the aggravating circumstance or circumstances which it 5
found beyond a reasonable doubt. In nonjury cases, the judge shall make such 6
designation. In all cases unless at least one (1) of the statutory aggravating 7
circumstances enumerated in subsection (2) of this section is so found, the death 8
penalty, or imprisonment for life without benefit of probation or parole, or the 9
sentence to imprisonment for life without benefit of probation or parole until the 10
defendant has served a minimum of twenty-five (25) years of his or her sentence, 11
shall not be imposed. 12
Section 17. KRS 237.115 is amended to read as follows: 13
(1) Except as provided in KRS 527.020, nothing contained in KRS 237.109 or 237.110 14
shall be construed to limit, restrict, or prohibit in any manner[ the right of a college, 15
university, or any postsecondary education facility, including technical schools and 16
community colleges, to control the possession of deadly weapons on any property 17
owned or controlled by them or] the right of a unit of state, city, county, urban-18
county, or charter county government to prohibit the carrying of concealed deadly 19
weapons in that portion of a building actually owned, leased, or occupied by that 20
unit of government. 21
(2) Except as provided in KRS 527.020, the legislative body of a state, city, county, or 22
urban-county government may, by statute, administrative regulation, or ordinance, 23
prohibit or limit the carrying of concealed deadly weapons in that portion of a 24
building owned, leased, or controlled by that unit of government. That portion of a 25
building in which the carrying of concealed deadly weapons is prohibited or limited 26
shall be clearly identified by signs posted at the entrance to the restricted area. The 27 UNOFFICIAL COPY 23 RS BR 1310
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statute or ordinance shall exempt any building used for public housing by private 1
persons, highway rest areas, firing ranges, and private dwellings owned, leased, or 2
controlled by that unit of government from any restriction on the carrying or 3
possession of deadly weapons. The statute, administrative regulation, or ordinance 4
shall not specify any criminal penalty for its violation but may specify that persons 5
violating the statute or ordinance may be denied entrance to the building, ordered to 6
leave the building, and if employees of the unit of government, be subject to 7
employee disciplinary measures for violation of the provisions of the statute or 8
ordinance.[ The provisions of this section shall not be deemed to be a violation of 9
KRS 65.870 if the requirements of this section are followed.] The provisions of this 10
section shall not apply to any other unit of government. 11
(3) Unless otherwise specifically provided by the Kentucky Revised Statutes or 12
applicable federal law, no criminal penalty shall attach to carrying a concealed 13
firearm or other deadly weapon at any location at which an unconcealed firearm or 14
other deadly weapon may be constitutionally carried. 15
Section 18. KRS 65.1591 is amended to read as follows: 16
(1) As used in this section: 17
(a) "Peer support communication" means any oral or written communication 18
made in the course of, or application for, a peer support counseling session or 19
any communication by a peer support participant regarding the contents of a 20
peer support counseling session to another peer support specialist, staff 21
member of a peer support counseling program, or the supervisor of a peer 22
support specialist; 23
(b) "Peer support counseling program" means a program provided by a public 24
agency to provide counseling services from a peer support specialist to a 25
public safety employee; 26
(c) "Peer support counseling session" means any counseling formally provided 27 UNOFFICIAL COPY 23 RS BR 1310
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through a peer support counseling program between a peer support specialist 1
and one (1) or more public safety employees; 2
(d) "Peer support participant" means a public safety employee who receives 3
counseling services from a peer support specialist; 4
(e) "Peer support specialist" means a public safety employee designated by the 5
public agency to provide peer support counseling who has received training in 6
both peer support counseling and in providing emotional and moral support to 7
public safety employees who have been in or exposed to an emotionally 8
traumatic experience in the course of employment; 9
(f) "Public agency" means a city, county, urban-county government, charter 10
county, consolidated local government, unified local government, special 11
district, local or regional public or quasi-public agency, board, commission, 12
department, or public corporation[has the same meaning as the entities listed 13
in KRS 65.870 (1)]; and 14
(g) "Public safety employee" means an individual employed by a public agency 15
who: 16
1. Serves as a police officer as defined by KRS 15.420(2)(a)1.; 17
2. Serves in a position that is primarily engaged in firefighting activities, 18
whether paid or unpaid; 19
3. Serves as a certified telecommunicator as provided by KRS 15.560 to 20
15.565; or 21
4. Is licensed to provide emergency medical services as provided by KRS 22
Chapter 311A. 23
(2) Any public agency may create and design a peer support counseling program to 24
provide support to public safety employees who have been in or exposed to an 25
emotionally traumatic experience in the course of employment. 26
(3) The content of any peer support communication shall remain confidential and shall 27 UNOFFICIAL COPY 23 RS BR 1310
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not be disclosed to any individual who was not party to the peer support counseling 1
session or peer support communication, except when the peer support 2
communication contains: 3
(a) An explicit threat of suicide by a participant in which the participant shares an 4
intent to die by suicide, a plan to carry out a suicide attempt, or discloses the 5
means by which the participant intends to carry out a suicide attempt. This 6
paragraph shall not apply to any peer support communication where the 7
participant solely shares that the participant is experiencing suicidal thoughts; 8
(b) An explicit threat by a participant of imminent and serious physical and 9
bodily harm or death to a clearly identified or reasonably identifiable victim; 10
(c) Information related to the abuse or neglect of a child or an older adult or 11
vulnerable individual that is required by law to be reported; 12
(d) An admission of criminal conduct; or 13
(e) Information which is required by law to be disclosed. 14
(4) A peer support participant shall hold a privilege from disclosure of any peer support 15
communication in any disciplinary proceeding or any civil or criminal proceeding 16
unless it contains information exempted under subsection (3)(b), (c), (d), or (e) of 17
this section. Under this privilege, the peer support communication shall be subject 18
to the same protections as any counselor-client privilege provided under the 19
Kentucky Rules of Evidence in any criminal or civil proceeding. 20
(5) Nothing in subsection (3) or (4) of this section shall be interpreted or construed to 21
prohibit: 22
(a) The use of or sharing by the public agency of anonymous data for research, 23
statistical analysis, or educational purposes; 24
(b) The disclosure of an observation by an employee of the public agency of a 25
peer support participant outside of a peer support counseling session and not 26
contained in peer support communication; or 27 UNOFFICIAL COPY 23 RS BR 1310
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(c) The disclosure of knowledge of a law enforcement officer of the public 1
agency about a peer support participant not gained from peer support 2
communication. 3
Section 19. The following KRS section is repealed: 4
65.870 Local firearms control ordinances prohibited -- Exemption from immunity -- 5
Declaratory and injunctive relief. 6
Section 20. Section 15 of this Act takes effect on January 1, 2024. 7
Section 21. Whereas the citizens of Kentucky deserve the protections afforded 8
by this bill at the earliest possible opportunity and no just cause exists for delay, an 9
emergency is declared to exist, and, with the exception of Section 15, this Act takes effect 10
upon its passage and approval by the Governor or upon its otherwise becoming a law. 11