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AN ACT relating to concealed deadly weapons. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 527.070 is amended to read as follows: 3
(1) A person is guilty of unlawful possession of a weapon on school property when he 4
or she knowingly deposits, possesses, or carries, whether openly or concealed, for 5
purposes other than instructional or school-sanctioned ceremonial purposes, or the 6
purposes permitted in subsection (3) of this section, any firearm or other deadly 7
weapon, destructive device, or booby trap device in any public or private school 8
building or bus, on any public or private school campus, grounds, recreation area, 9
athletic field, or any other property owned, used, or operated by any board of 10
education, school, board of trustees, regents, or directors for the purpose of 11
educational or related activity where students are present[administration of any 12
public or private educational institution]. The provisions of this section shall not 13
apply to institutions of postsecondary or higher education. 14
(2) Subsection (1) of this section only applies when the entrances to such buildings 15
or property prominently display[Each chief administrator of a public or private 16
school shall display about the school in prominent locations, including, but not 17
limited to, sports arenas, gymnasiums, stadiums, and cafeterias,] a sign at least six 18
(6) inches high and fourteen (14) inches wide stating: 19
UNLAWFUL POSSESSION OF A WEAPON ON SCHOOL 20
PROPERTY IN KENTUCKY IS A FELONY PUNISHABLE 21
BY A MAXIMUM OF FIVE (5) YEARS IN PRISON AND A 22
TEN THOUSAND DOLLAR ($10,000) FINE. 23
[Failure to post the sign shall not relieve any person of liability under this section.] 24
(3) The provisions of this section prohibiting the unlawful possession of a weapon on 25
school property shall not apply to: 26
(a) An adult who is not a pupil of any secondary school and who possesses a 27 UNOFFICIAL COPY 23 RS BR 255
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firearm, if the firearm is contained within a vehicle operated by the adult and 1
is not removed from the vehicle, except for a purpose permitted herein, or 2
brandished by the adult, or by any other person acting with expressed or 3
implied consent of the adult, while the vehicle is on school property; 4
(b) Any pupils who are members of the reserve officers training corps or pupils 5
enrolled in a course of instruction or members of a school club or team, to the 6
extent they are required to carry arms or weapons in the discharge of their 7
official class or team duties; 8
(c) Any peace officer or police officer authorized to carry a concealed weapon 9
pursuant to KRS 527.020; 10
(d) Persons employed by the Armed Forces of the United States or members of 11
the National Guard or militia when required in the discharge of their official 12
duties to carry arms or weapons; 13
(e) Civil officers of the United States in the discharge of their official duties. 14
Nothing in this section shall be construed as to allow any person to carry a 15
concealed weapon into a public or private elementary or secondary school 16
building; 17
(f) Any other persons, including[,] but not limited to[,] exhibitors of historical 18
displays, who have been authorized to carry a firearm by the board of 19
education or board of trustees of the public or private institution; 20
(g) A person hunting during the lawful hunting season on lands owned by any 21
public or private educational institution and designated as open to hunting by 22
the board of education or board of trustees of the educational institution; 23
(h) A person possessing unloaded hunting weapons while traversing the grounds 24
of any public or private educational institution for the purpose of gaining 25
access to public or private lands open to hunting with the intent to hunt on the 26
public or private lands, unless the lands of the educational institution are 27 UNOFFICIAL COPY 23 RS BR 255
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posted prohibiting the entry; or 1
(i) A person possessing guns or knives when conducting or attending a "gun and 2
knife show" when the program has been approved by the board of education 3
or board of trustees of the educational institution. 4
(4) Unlawful possession of a weapon on school property is a Class D felony. 5
Section 2. KRS 150.172 is amended to read as follows: 6
(1) Any person who is not prohibited by state or federal law from possessing a firearm 7
may carry a firearm and ammunition for that firearm for purposes of self-defense 8
and defense of others while hunting, fishing, trapping, or engaging in any other 9
activity not constituting a crime under KRS Chapter 218A or Chapters 500 to 534, 10
and may do so on any public lands under the control of the department and on any 11
private land under the control of the department, unless the owner of the private 12
land has posted notice that concealed deadly weapons are not allowed in a building 13
where they may be prohibited pursuant to KRS 237.110[ or 237.115]. 14
(2) (a) A person may use a firearm, if he or she is not prohibited by state or federal 15
law from possessing a firearm, or may use any other deadly weapon, at any 16
time and during any season to: 17
1. Kill or attempt to kill an animal, whether protected or unprotected, in 18
self-defense or defense of another person; or 19
2. Kill or attempt to kill an injured animal for humane purposes; and 20
in either event, reports the kill or attempted kill to a conservation officer 21
before midnight of the same day as the kill or attempted kill. 22
(b) An investigation by the department shall be authorized to substantiate and 23
provide evidence on whether the kill or attempted kill of the animal is in 24
violation of paragraph (a) of this subsection or if the animal presents a threat 25
to public health and safety. If no violation is shown to exist, and if there is no 26
threat to public health and safety, then the animal or parts thereof shall: 27 UNOFFICIAL COPY 23 RS BR 255
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1. Remain the property and in the possession of the person taking the 1
animal; or 2
2. If the animal or parts thereof were surrendered to the department, be 3
immediately returned to the person. 4
(c) An arrest shall not be made, except upon a warrant issued by a judge of a 5
court of competent jurisdiction, and a citation shall not be issued by a peace 6
officer if an animal is killed under circumstances described in paragraph (a) of 7
this subsection. 8
(d) A citation may be issued by a peace officer who witnesses the killing of an 9
animal in violation of a statute or federal regulation under circumstances 10
different from those described in paragraph (a) of this subsection. 11
(e) An arrest warrant or a summons may be issued by a judge of a court of 12
competent jurisdiction, upon application of the appropriate county attorney, if 13
the court believes that there is sufficient cause to doubt the claim that the 14
animal was killed under circumstances described in paragraph (a) of this 15
subsection. 16
(3) In cases where an animal is killed and there is a claim that the animal was killed 17
under circumstances described in paragraph (a) of subsection (2) of this section, the 18
department shall provide competent evidence as to how the animal was killed and 19
the circumstances surrounding the event. 20
(4) The department shall not promulgate administrative regulations restricting any right 21
provided by this section or the spirit thereof. 22
(5) This section shall not apply to the killing, wounding, or other prohibited act relating 23
to specific wildlife which are protected by the federal Endangered Species Act, 16 24
U.S.C. secs. 1531 to 1544; federal Migratory Bird Treaty Act, 16 U.S.C. secs. 703 25
to 712; or federal Bald and Golden Eagle Protection Act, 16 U.S.C. secs. 668 to 26
668d. 27 UNOFFICIAL COPY 23 RS BR 255
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(6) The principles contained in KRS Chapter 503 relating to the use of force and deadly 1
force against human beings shall apply to acts where wildlife is involved. 2
Section 3. KRS 237.110 is amended to read as follows: 3
(1) The Department of Kentucky State Police is authorized to issue and renew licenses 4
to carry concealed firearms or other deadly weapons, or a combination thereof, to 5
persons qualified as provided in this section. 6
(2) An original or renewal license issued pursuant to this section shall: 7
(a) Be valid throughout the Commonwealth and, except as provided in this 8
section or other specific section of the Kentucky Revised Statutes or federal 9
law, permit the holder of the license to carry firearms, ammunition, or other 10
deadly weapons, or a combination thereof, at any location in the 11
Commonwealth; 12
(b) Unless revoked or suspended as provided by law, be valid for a period of five 13
(5) years from the date of issuance; 14
(c) Authorize the holder of the license to carry a concealed firearm or other 15
deadly weapon, or a combination thereof, on or about his or her person; and 16
(d) Authorize the holder of the license to carry ammunition for a firearm on or 17
about his or her person. 18
(3) Prior to the issuance of an original or renewal license to carry a concealed deadly 19
weapon, the Department of Kentucky State Police, upon receipt of a completed 20
application, applicable fees, and any documentation required by this section or 21
administrative regulation promulgated by the Department of Kentucky State Police, 22
shall conduct a background check to ascertain whether the applicant is eligible 23
under 18 U.S.C. sec. 922(g) and (n), any other applicable federal law, and state law 24
to purchase, receive, or possess a firearm or ammunition, or both. The background 25
check shall include: 26
(a) A state records check covering the items specified in this subsection, together 27 UNOFFICIAL COPY 23 RS BR 255
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with any other requirements of this section; 1
(b) A federal records check, which shall include a National Instant Criminal 2
Background Check System (NICS) check; 3
(c) A federal Immigration Alien Query if the person is an alien who has been 4
lawfully admitted to the United States by the United States government or an 5
agency thereof; and 6
(d) In addition to the Immigration Alien Query, if the applicant has not been 7
lawfully admitted to the United States under permanent resident status, the 8
Department of Kentucky State Police shall, if a doubt exists relating to an 9
alien's eligibility to purchase a firearm, consult with the United States 10
Department of Homeland Security, United States Department of Justice, 11
United States Department of State, or other federal agency to confirm whether 12
the alien is eligible to purchase a firearm in the United States, bring a firearm 13
into the United States, or possess a firearm in the United States under federal 14
law. 15
(4) The Department of Kentucky State Police shall issue an original or renewal license 16
if the applicant: 17
(a) Is not prohibited from the purchase, receipt, or possession of firearms, 18
ammunition, or both pursuant to 18 U.S.C. 922(g), 18 U.S.C. 922(n), or 19
applicable federal or state law; 20
(b) 1. Is a citizen of the United States who is a resident of this 21
Commonwealth; 22
2. Is a citizen of the United States who is a member of the Armed Forces 23
of the United States who is on active duty, who is at the time of 24
application assigned to a military posting in Kentucky; 25
3. Is lawfully admitted to the United States by the United States 26
government or an agency thereof, is permitted by federal law to 27 UNOFFICIAL COPY 23 RS BR 255
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purchase a firearm, and is a resident of this Commonwealth; or 1
4. Is lawfully admitted to the United States by the United States 2
government or an agency thereof, is permitted by federal law to 3
purchase a firearm, is, at the time of the application, assigned to a 4
military posting in Kentucky, and has been assigned to a posting in the 5
Commonwealth; 6
(c) Is twenty-one (21) years of age or older; 7
(d) Has not been committed to a state or federal facility for the abuse of a 8
controlled substance or been convicted of a misdemeanor violation of KRS 9
Chapter 218A or similar laws of any other state relating to controlled 10
substances, within a three (3) year period immediately preceding the date on 11
which the application is submitted; 12
(e) Does not chronically and habitually use alcoholic beverages as evidenced by 13
the applicant having two (2) or more convictions for violating KRS 189A.010 14
within the three (3) years immediately preceding the date on which the 15
application is submitted, or having been committed as an alcoholic pursuant to 16
KRS Chapter 222 or similar laws of another state within the three (3) year 17
period immediately preceding the date on which the application is submitted; 18
(f) Does not owe a child support arrearage which equals or exceeds the 19
cumulative amount which would be owed after one (1) year of nonpayment, if 20
the Department of Kentucky State Police has been notified of the arrearage by 21
the Cabinet for Health and Family Services; 22
(g) Has complied with any subpoena or warrant relating to child support or 23
paternity proceedings. If the Department of Kentucky State Police has not 24
been notified by the Cabinet for Health and Family Services that the applicant 25
has failed to meet this requirement, the Department of Kentucky State Police 26
shall assume that paternity and child support proceedings are not an issue; 27 UNOFFICIAL COPY 23 RS BR 255
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(h) Has not been convicted of a violation of KRS 508.030 or 508.080 within the 1
three (3) years immediately preceding the date on which the application is 2
submitted. The commissioner of the Department of Kentucky State Police 3
may waive this requirement upon good cause shown and a determination that 4
the applicant is not a danger and that a waiver would not violate federal law; 5
(i) Demonstrates competence with a firearm by successful completion of a 6
firearms safety or training course that is conducted by a firearms instructor 7
who is certified by a national organization with membership open to residents 8
of any state or territory of the United States, which was created to promote 9
firearms education, safety, and the profession of firearms use and training, and 10
to foster professional behavior in its members. The organization shall require 11
members to adhere to its own code of ethics and conduct a program which 12
certifies firearms instructors and includes the use of written tests, in person 13
instruction, and a component of live-fire training. These national 14
organizations shall include but are not limited to the National Rifle 15
Association, the United States Concealed Carry Association, and the National 16
Shooting Sports Foundation. The training requirement may also be fulfilled 17
through any firearms safety course offered or approved by the Department of 18
Criminal Justice Training. The firearms safety course offered or approved by 19
the Department of Criminal Justice Training shall: 20
1. Be not more than eight (8) hours in length; 21
2. Include instruction on handguns, the safe use of handguns, the care and 22
cleaning of handguns, and handgun marksmanship principles; 23
3. Include actual range firing of a handgun in a safe manner, and the firing 24
of not more than twenty (20) rounds at a full-size silhouette target, 25
during which firing, not less than eleven (11) rounds must hit the 26
silhouette portion of the target; and 27 UNOFFICIAL COPY 23 RS BR 255
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4. Include information on and a copy of laws relating to possession and 1
carrying of firearms, as set forth in KRS Chapters 237 and 527, and the 2
laws relating to the use of force, as set forth in KRS Chapter 503; and 3
(j) Demonstrates knowledge of the law regarding the justifiable use of force by 4
including with the application a copy of the concealed carry deadly weapons 5
legal handout made available by the Department of Criminal Justice Training 6
and a signed statement that indicates that applicant has read and understands 7
the handout. 8
(5) (a) A legible photocopy or electronic copy of a certificate of completion issued 9
by a firearms instructor certified by a national organization or the Department 10
of Criminal Justice Training shall constitute evidence of qualification under 11
subsection (4)(i) of this section. 12
(b) Persons qualifying under subsection (6)(d) of this section may submit with 13
their application: 14
1. At least one (1) of the following paper or electronic forms or their 15
successor forms showing evidence of handgun training or handgun 16
qualifications: 17
a. Department of Defense Form DD 2586; 18
b. Department of Defense Form DD 214; 19
c. Coast Guard Form CG 3029; 20
d. Department of the Army Form DA 88-R; 21
e. Department of the Army Form DA 5704-R; 22
f. Department of the Navy Form OPNAV 3591-1; or 23
g. Department of the Air Force Form AF 522; or 24
2. a. Documentary evidence of an honorable discharge; and 25
b. A notarized affidavit on a form provided by the Department of 26
Kentucky State Police, signed under penalty of perjury, stating the 27 UNOFFICIAL COPY 23 RS BR 255
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person has met the training requirements of subsection (6)(d) of 1
this section. 2
(6) (a) Peace officers who are currently certified as peace officers by the Kentucky 3
Law Enforcement Council pursuant to KRS 15.380 to 15.404 and peace 4
officers who are retired and are members of the Kentucky Employees 5
Retirement System, State Police Retirement System, or County Employees 6
Retirement System or other retirement system operated by or for a city, 7
county, or urban-county in Kentucky shall be deemed to have met the training 8
requirement. 9
(b) Current and retired peace officers of the following federal agencies shall be 10
deemed to have met the training requirement: 11
1. Any peace officer employed by a federal agency specified in KRS 12
61.365; 13
2. Any peace officer employed by a federal civilian law enforcement 14
agency not specified above who has successfully completed the basic 15
law enforcement training course required by that agency; 16
3. Any military peace officer of the United States Army, Navy, Marine 17
Corps, or Air Force, or a reserve component thereof, or of the Army 18
National Guard or Air National Guard who has successfully completed 19
the military law enforcement training course required by that branch of 20
the military; 21
4. Any member of the United States Coast Guard serving in a peace officer 22
role who has successfully completed the law enforcement training 23
course specified by the United States Coast Guard. 24
(c) Corrections officers who are currently employed by a consolidated local 25
government, an urban-county government, or the Department of Corrections 26
who have successfully completed a basic firearms training course required for 27 UNOFFICIAL COPY 23 RS BR 255
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their employment, and corrections officers who were formerly employed by a 1
consolidated local government, an urban-county government, or the 2
Department of Corrections who are retired, and who successfully completed a 3
basic firearms training course required for their employment, and are 4
members of a state-administered retirement system or other retirement system 5
operated by or for a city, county, or urban-county government in Kentucky 6
shall be deemed to have met the training requirement. 7
(d) Active or honorably discharged service members in the United States Army, 8
Navy, Marine Corps, Air Force, or Coast Guard, or a reserve component 9
thereof, or of the Army National Guard or Air National Guard shall be 10
deemed to have met the training requirement if these persons: 11
1. Successfully completed handgun training which was conducted by the 12
United States Army, Navy, Marine Corps, Air Force, or Coast Guard, or 13
a reserve component thereof, or of the Army National Guard or Air 14
National Guard; or 15
2. Successfully completed handgun qualification within the United States 16
Army, Navy, Marine Corps, Air Force, or Coast Guard, or a reserve 17
component thereof, or of the Army Guard or Air Force National Guard. 18
(7) (a) 1. A paper application for a license, or renewal of a license, to carry a 19
concealed deadly weapon shall be obtained from and submitted to the 20
office of the sheriff in the county in which the person resides. 21
2. An applicant, in lieu of a paper application, may submit an electronic 22
application for a license, or renewal of a license, to carry a concealed 23
deadly weapon to the Department of Kentucky State Police. 24
3. Persons qualifying under subsection (6)(d) of this section shall be 25
supplied the information in subsection (4)(i)4. of this section upon 26
obtaining an application. 27 UNOFFICIAL COPY 23 RS BR 255
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(b) 1. The completed paper application and any documentation required by 1
this section plus an application fee or renewal fee, as appropriate, of 2
sixty dollars ($60) shall be presented to the office of the sheriff of the 3
county in which the applicant resides. 4
2. The sheriff shall transmit the paper application and accompanying 5
material to the Department of Kentucky State Police within five (5) 6
working days. 7
3. Twenty dollars ($20) of the paper application fee shall be retained by the 8
office of the sheriff for official expenses of the office. Twenty dollars 9
($20) shall be sent to the Department of Kentucky State Police with the 10
application. Ten dollars ($10) shall be transmitted by the sheriff to the 11
Administrative Office of the Courts to fund background checks for 12
youth leaders, and ten dollars ($10) shall be transmitted to the 13
Administrative Office of the Courts to fund background checks for 14
applicants for concealed weapons. 15
(c) 1. A completed electronic application submitted in lieu of a paper 16
application, any documentation required by this section, and an 17
application fee or renewal fee, as appropriate, of seventy dollars ($70) 18
shall be presented to the Department of Kentucky State Police. 19
2. If an electronic application is submitted in lieu of a paper application, 20
thirty dollars ($30) of the electronic application fee shall be retained by 21
the Department of Kentucky State Police. Twenty dollars ($20) shall be 22
sent to the office of the sheriff of the applicant's county of residence for 23
official expenses of the office. Ten dollars ($10) shall be transmitted to 24
the Administrative Office of the Courts to fund background checks for 25
youth leaders, and ten dollars ($10) shall be transmitted to the 26
Administrative Office of the Courts to fund background checks for 27 UNOFFICIAL COPY 23 RS BR 255
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applicants for concealed weapon carry permits. 1
(d) A full-time or part-time peace officer who is currently certified as a peace 2
officer by the Kentucky Law Enforcement Council and who is authorized by 3
his or her employer or government authority to carry a concealed deadly 4
weapon at all times and all locations within the Commonwealth pursuant to 5
KRS 527.020, or a retired peace officer who is a member of the Kentucky 6
Employees Retirement System, State Police Retirement System, County 7
Employees Retirement System, or other retirement system operated by or for 8
a city, county, or urban-county government in Kentucky, shall be exempt 9
from paying the paper or electronic application or renewal fees. 10
(e) The application, whether paper or electronic, shall be completed, under oath, 11
on a form or in a manner promulgated by the Department of Kentucky State 12
Police by administrative regulation which shall include: 13
1. a. The name, address, place and date of birth, citizenship, gender, 14
Social Security number of the applicant; and 15
b. If not a citizen of the United States, alien registration number if 16
applicable, passport number, visa number, mother's maiden name, 17
and other information necessary to determine the immigration 18
status and eligibility to purchase a firearm under federal law of a 19
person who is not a citizen of the United States; 20
2. A statement that, to the best of his or her knowledge, the applicant is in 21
compliance with criteria contained within subsections (3) and (4) of this 22
section; 23
3. A statement that the applicant, if qualifying under subsection (6)(d) of 24
this section, has provided: 25
a. At least one (1) of the forms listed in subsection (5) of this section; 26
or 27 UNOFFICIAL COPY 23 RS BR 255
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b. i. Documentary evidence of an honorable discharge; and 1
ii. A notarized affidavit on a form provided by the Department 2
of Kentucky State Police stating the person has met the 3
training requirements of subsection (6)(d) of this section; 4
4. A statement that the applicant has been furnished a copy of this section 5
and is knowledgeable about its provisions; 6
5. A statement that the applicant has been furnished a copy of, has read, 7
and understands KRS Chapter 503 as it pertains to the use of deadly 8
force for self-defense in Kentucky; and 9
6. A conspicuous warning that the application is executed under oath and 10
that a materially false answer to any question, or the submission of any 11
materially false document by the applicant, subjects the applicant to 12
criminal prosecution under KRS 523.030. 13
(8) The applicant shall submit to the sheriff of the applicant's county of residence or 14
county of military posting if submitting a paper application, or to the Department of 15
Kentucky State Police if submitting an electronic application: 16
(a) A completed application as described in subsection (7) of this section; 17
(b) A recent color photograph of the applicant, as prescribed by administrative 18
regulation; 19
(c) A paper or electronic certificate or an affidavit or document as described in 20
subsection (5) of this section; 21
(d) A paper or electronic document establishing the training exemption as 22
described in subsection (6) of this section; and 23
(e) For an applicant who is not a citizen of the United States and has been 24
lawfully admitted to the United States by the United States government or an 25
agency thereof, an affidavit as prescribed by administrative regulation 26
concerning his or her immigration status and his or her United States 27 UNOFFICIAL COPY 23 RS BR 255
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government issued: 1
1. Permanent Resident Card I-551 or its equivalent successor 2
identification; 3
2. Other United States government issued evidence of lawful admission to 4
the United States which includes the category of admission, if admission 5
has not been granted as a permanent resident; and 6
3. Evidence of compliance with the provisions of 18 U.S.C. sec. 922(g)(5), 7
18 U.S.C. sec. 922(d)(5), or 18 U.S.C. sec. 922(y)(2), and 27 C.F.R. Part 8
178, including, as appropriate, but not limited to evidence of ninety (90) 9
day residence in the Commonwealth, a valid current Kentucky hunting 10
license if claiming exemption as a hunter, or other evidence of eligibility 11
to purchase a firearm by an alien which is required by federal law or 12
regulation. 13
If an applicant presents identification specified in this paragraph, the sheriff 14
shall examine the identification, may record information from the 15
identification presented, and shall return the identification to the applicant. 16
(9) The Department of Kentucky State Police shall, within sixty (60) days after the date 17
of receipt of the items listed in subsection (8) of this section if the applicant 18
submitted a paper application, or within fifteen (15) business days after the date of 19
receipt of the items listed in subsection (8) of this section if the applicant applied 20
electronically, either: 21
(a) Issue the license; or 22
(b) Deny the application based solely on the grounds that the applicant fails to 23
qualify under the criteria listed in subsection (3) or (4) of this section. If the 24
Department of Kentucky State Police denies the application, it shall notify the 25
applicant in writing, stating the grounds for denial and informing the applicant 26
of a right to submit, within thirty (30) days, any additional documentation 27 UNOFFICIAL COPY 23 RS BR 255
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relating to the grounds of denial. Upon receiving any additional 1
documentation, the Department of Kentucky State Police shall reconsider its 2
decision and inform the applicant within twenty (20) days of the result of the 3
reconsideration. The applicant shall further be informed of the right to seek de 4
novo review of the denial in the District Court of his or her place of residence 5
within ninety (90) days from the date of the letter advising the applicant of the 6
denial. 7
(10) The Department of Kentucky State Police shall maintain an automated listing of 8
license holders and pertinent information, and this information shall be available 9
upon request, at all times to all Kentucky, federal, and other states' law enforcement 10
agencies. A request for the entire list of licensees, or for all licensees in a 11
geographic area, shall be denied. Only requests relating to a named licensee shall be 12
honored or available to law enforcement agencies. Information on applications for 13
licenses, names and addresses, or other identifying information relating to license 14
holders shall be confidential and shall not be made available except to law 15
enforcement agencies. No request for lists of local or statewide permit holders shall 16
be made to any state or local law enforcement agency, peace officer, or other 17
agency of government other than the Department of Kentucky State Police, and no 18
state or local law enforcement agency, peace officer, or agency of government, 19
other than the Department of Kentucky State Police, shall provide any information 20
to any requester not entitled to it by law. 21
(11) Within thirty (30) days after the changing of a permanent address, or within thirty 22
(30) days after the loss, theft, or destruction of a license, the licensee shall notify the 23
Department of Kentucky State Police of the loss, theft, or destruction. Failure to 24
notify the Department of Kentucky State Police shall constitute a noncriminal 25
violation with a penalty of twenty-five dollars ($25) payable to the clerk of the 26
District Court. No court costs shall be assessed for a violation of this subsection. 27 UNOFFICIAL COPY 23 RS BR 255
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When a licensee makes application to change his or her residence address or other 1
information on the license, neither the sheriff nor the Department of Kentucky State 2
Police shall require a surrender of the license until a new license is in the office of 3
the applicable sheriff and available for issuance. Upon the issuance of a new 4
license, the old license shall be destroyed by the sheriff. 5
(12) If a license is lost, stolen, or destroyed, the license shall be automatically invalid, 6
and the person to whom the same was issued may, upon payment of fifteen dollars 7
($15) for a paper request, or twenty-five dollars ($25) for an electronic request 8
submitted in lieu of a paper request, to the Department of Kentucky State Police, 9
obtain a duplicate, upon furnishing a notarized statement to the Department of 10
Kentucky State Police that the license has been lost, stolen, or destroyed. 11
(13) (a) The commissioner of the Department of Kentucky State Police, or his or her 12
designee in writing, shall revoke the license of any person who becomes 13
permanently ineligible to be issued a license or have a license renewed under 14
the criteria set forth in this section. 15
(b) The commissioner of the Department of Kentucky State Police, or his or her 16
designee in writing, shall suspend the license of any person who becomes 17
temporarily ineligible to be issued a license or have a license renewed under 18
the criteria set forth in this section. The license shall remain suspended until 19
the person is again eligible for the issuance or renewal of a license. 20
(c) Upon the suspension or revocation of a license, the commissioner of the 21
Department of Kentucky State Police, or his or her designee in writing, shall: 22
1. Order any peace officer to seize the license from the person whose 23
license was suspended or revoked; or 24
2. Direct the person whose license was suspended or revoked to surrender 25
the license to the sheriff of the person's county of residence within two 26
(2) business days of the receipt of the notice. 27 UNOFFICIAL COPY 23 RS BR 255
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(d) If the person whose license was suspended or revoked desires a hearing on the 1
matter, the person shall surrender the license as provided in paragraph (c)2. of 2
this subsection and petition the commissioner of the Department of Kentucky 3
State Police to hold a hearing on the issue of suspension or revocation of the 4
license. 5
(e) Upon receipt of the petition, the commissioner of the Department of Kentucky 6
State Police shall cause a hearing to be held in accordance with KRS Chapter 7
13B on the suspension or revocation of the license. If the license has not been 8
surrendered, no hearing shall be scheduled or held. 9
(f) If the hearing officer determines that the licensee's license was wrongly 10
suspended or revoked, the hearing officer shall order the commissioner of the 11
Department of Kentucky State Police to return the license and abrogate the 12
suspension or revocation of the license. 13
(g) Any party may appeal a decision pursuant to this subsection to the District 14
Court in the licensee's county of residence in the same manner as for the 15
denial of a license. 16
(h) If the license is not surrendered as ordered, the commissioner of the 17
Department of Kentucky State Police shall order a peace officer to seize the 18
license and deliver it to the commissioner. 19
(i) Failure to surrender a suspended or revoked license as ordered is a Class A 20
misdemeanor. 21
(j) The provisions of this subsection relating to surrender of a license shall not 22
apply if a court of competent jurisdiction has enjoined its surrender. 23
(k) When a domestic violence order or emergency protective order is issued 24
pursuant to the provisions of KRS Chapter 403 against a person holding a 25
license issued under this section, the holder of the permit shall surrender the 26
license to the court or to the officer serving the order. The officer to whom the 27 UNOFFICIAL COPY 23 RS BR 255
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license is surrendered shall forthwith transmit the license to the court issuing 1
the order. The license shall be suspended until the order is terminated, or until 2
the judge who issued the order terminates the suspension prior to the 3
termination of the underlying domestic violence order or emergency 4
protective order, in writing and by return of the license, upon proper motion 5
by the license holder. Subject to the same conditions as above, a peace officer 6
against whom an emergency protective order or domestic violence order has 7
been issued shall not be permitted to carry a concealed deadly weapon when 8
not on duty, the provisions of KRS 527.020 to the contrary notwithstanding. 9
(14) (a) Not less than one hundred twenty (120) days prior to the expiration date of the 10
license, the Department of Kentucky State Police shall mail to each licensee a 11
written notice of the expiration and a renewal form prescribed by the 12
Department of Kentucky State Police. The outside of the envelope containing 13
the license renewal notice shall bear only the name and address of the 14
applicant. No other information relating to the applicant shall appear on the 15
outside of the envelope sent to the applicant. The licensee may renew his or 16
her license on or before the expiration date by filing with the sheriff of his or 17
her county of residence the paper renewal form, or by filing with the 18
Department of Kentucky State Police an electronic renewal form in lieu of a 19
paper renewal form, stating that the licensee remains qualified pursuant to the 20
criteria specified in subsections (3) and (4) of this section, and the required 21
renewal fee set forth in subsection (7) of this section. The sheriff shall issue to 22
the applicant a receipt for the paper application for renewal of the license and 23
shall date the receipt. The Department of Kentucky State Police shall issue to 24
the applicant a receipt for an electronic application for renewal of the license 25
submitted in lieu of a paper application for renewal and shall date the receipt. 26
(b) A license which has expired shall be void and shall not be valid for any 27 UNOFFICIAL COPY 23 RS BR 255
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purpose other than surrender to the sheriff in exchange for a renewal license. 1
(c) The license shall be renewed to a qualified applicant upon receipt of the 2
completed renewal application, records check as specified in subsection (3) of 3
this section, determination that the renewal applicant is not ineligible for a 4
license as specified in subsection (4), and appropriate payment of fees. Upon 5
the issuance of a new license, the old license shall be destroyed by the sheriff. 6
A licensee who fails to file a renewal application on or before its expiration 7
date may renew his or her license by paying, in addition to the license fees, a 8
late fee of fifteen dollars ($15). No license shall be renewed six (6) months or 9
more after its expiration date, and the license shall be deemed to be 10
permanently expired six (6) months after its expiration date. A person whose 11
license has permanently expired may reapply for licensure pursuant to 12
subsections (7), (8), and (9) of this section. 13
(15) The licensee shall carry the license at all times the licensee is carrying a concealed 14
firearm or other deadly weapon and shall display the license upon request of a law 15
enforcement officer. Violation of the provisions of this subsection shall constitute a 16
noncriminal violation with a penalty of twenty-five dollars ($25), payable to the 17
clerk of the District Court, but no court costs shall be assessed. 18
(16) Except as provided in KRS 527.020, no license issued pursuant to this section shall 19
authorize any person to carry a concealed firearm into: 20
(a) Any police station or sheriff's office; 21
(b) Any detention facility, prison, or jail; 22
(c) Any courthouse, solely occupied by the Court of Justice courtroom, or court 23
proceeding; 24
(d) Any meeting of the governing body of a county, municipality, or special 25
district; or any meeting of the General Assembly or a committee of the 26
General Assembly, except that nothing in this section shall preclude a member 27 UNOFFICIAL COPY 23 RS BR 255
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of the body, holding a concealed deadly weapon license, from carrying a 1
concealed deadly weapon at a meeting of the body of which he or she is a 2
member; 3
(e) Any portion of an establishment licensed to dispense beer or alcoholic 4
beverages for consumption on the premises, which portion of the 5
establishment is primarily devoted to that purpose; 6
(f) Any elementary or secondary school facility without the consent of school 7
authorities as provided in KRS 527.070, any child-caring facility as defined in 8
KRS 199.011, any day-care center as defined in KRS 199.894, or any certified 9
family child-care home as defined in KRS 199.8982, except however, any 10
owner of a certified child-care home may carry a concealed firearm into the 11
owner's residence used as a certified child-care home; 12
(g) An area of an airport to which access is controlled by the inspection of 13
persons and property; or 14
(h) Any place where the carrying of firearms is prohibited by federal law. 15
(17) The owner, business or commercial lessee, or manager of a private business 16
enterprise, day-care center as defined in KRS 199.894 or certified or licensed 17
family child-care home as defined in KRS 199.8982, or a health-care facility 18
licensed under KRS Chapter 216B, except facilities renting or leasing housing, may 19
prohibit persons holding concealed deadly weapon licenses from carrying 20
concealed deadly weapons on the premises and may prohibit employees, not 21
authorized by the employer, holding concealed deadly weapons licenses from 22
carrying concealed deadly weapons on the property of the employer. If the building 23
or the premises are open to the public, the employer or business enterprise shall 24
post signs on or about the premises if carrying concealed weapons is prohibited. 25
Possession of weapons, or ammunition, or both in a vehicle on the premises shall 26
not be a criminal offense so long as the weapons, or ammunition, or both are not 27 UNOFFICIAL COPY 23 RS BR 255
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removed from the vehicle or brandished while the vehicle is on the premises. A 1
private but not a public employer may prohibit employees or other persons holding 2
a concealed deadly weapons license from carrying concealed deadly weapons, or 3
ammunition, or both in vehicles owned by the employer, but may not prohibit 4
employees or other persons holding a concealed deadly weapons license from 5
carrying concealed deadly weapons, or ammunition, or both in vehicles owned by 6
the employee, except that the Justice and Public Safety Cabinet may prohibit an 7
employee from carrying any weapons, or ammunition, or both other than the 8
weapons, or ammunition, or both issued or authorized to be used by the employee 9
of the cabinet, in a vehicle while transporting persons under the employee's 10
supervision or jurisdiction. Carrying of a concealed weapon, or ammunition, or both 11
in a location specified in this subsection by a license holder shall not be a criminal 12
act but may subject the person to denial from the premises or removal from the 13
premises, and, if an employee of an employer, disciplinary measures by the 14
employer. 15
(18) All moneys collected by the Department of Kentucky State Police pursuant to this 16
section shall be used to administer the provisions of this section and KRS 237.138 17
to 237.142. By March 1 of each year, the Department of Kentucky State Police and 18
the Administrative Office of the Courts shall submit reports to the Governor, the 19
President of the Senate, and the Speaker of the House of Representatives, indicating 20
the amounts of money collected and the expenditures related to this section, KRS 21
237.138 to 237.142,[ and KRS 237.115,] 244.125, 527.020, and 527.070, and the 22
administration of the provisions of this section, KRS 237.138 to 237.142,[ and KRS 23
237.115,] 244.125, 527.020, and 527.070. 24
(19) The General Assembly finds as a matter of public policy that it is necessary to 25
provide statewide uniform standards for issuing licenses to carry concealed firearms 26
and to occupy the field of regulation of the bearing of concealed firearms to ensure 27 UNOFFICIAL COPY 23 RS BR 255
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that no person who qualifies under the provisions of this section is denied his rights. 1
The General Assembly does not delegate to the Department of Kentucky State 2
Police the authority to regulate or restrict the issuing of licenses provided for in this 3
section beyond those provisions contained in this section. This section shall be 4
liberally construed to carry out the constitutional right to bear arms for self-defense. 5
(20) (a) A person who is not a resident of Kentucky and who has a valid license issued 6
by another state of the United States to carry a concealed deadly weapon in 7
that state may, subject to provisions of Kentucky law, carry a concealed 8
deadly weapon in Kentucky, and his or her license shall be considered as valid 9
in Kentucky. 10
(b) If a person with a valid license to carry a concealed deadly weapon issued 11
from another state that has entered into a reciprocity agreement with the 12
Department of Kentucky State Police becomes a resident of Kentucky, the 13
license issued by the other state shall be considered as valid for the first one 14
hundred twenty (120) days of the person's residence in Kentucky, if within 15
sixty (60) days of moving to Kentucky, the person completes a form 16
promulgated by the Department of Kentucky State Police which shall include: 17
1. A signed and notarized statement averring that to the best of his or her 18
knowledge the person's license to carry a concealed deadly weapon is 19
valid and in compliance with applicable out-of-state law, and has not 20
been revoked or suspended for any reason except for valid forfeiture due 21
to departure from the issuing state; 22
2. The person's name, date of birth, citizenship, gender, Social Security 23
number if applicable, proof that he or she is a citizen of the United 24
States, a permanent resident of the United States, or otherwise lawfully 25
present in the United States, former out-of-state address, current address 26
within the state of Kentucky, date on which Kentucky residence began, 27 UNOFFICIAL COPY 23 RS BR 255
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state which issued the concealed carry license, the issuing state's 1
concealed carry license number, and the state of issuance of license; and 2
3. A photocopy of the person's out-of-state license to carry a concealed 3
deadly weapon. 4
(c) Within sixty (60) days of moving to Kentucky, the person shall deliver the 5
form and accompanying documents by registered or certified mail, return 6
receipt requested, to the address indicated on the form provided by the 7
Department of Kentucky State Police pursuant to this subsection. 8
(d) The out-of-state concealed carry license shall become invalid in Kentucky 9
upon the earlier of: 10
1. The out-of-state person having resided in Kentucky for more than one 11
hundred twenty (120) days; or 12
2. The person being issued a Kentucky concealed deadly weapon license 13
pursuant to this section. 14
(e) The Department of Kentucky State Police shall, not later than thirty (30) days 15
after July 15, 1998, and not less than once every twelve (12) months 16
thereafter, make written inquiry of the concealed deadly weapon carrying 17
licensing authorities in each other state as to whether a Kentucky resident may 18
carry a concealed deadly weapon in their state based upon having a valid 19
Kentucky concealed deadly weapon license, or whether a Kentucky resident 20
may apply for a concealed deadly weapon carrying license in that state based 21
upon having a valid Kentucky concealed deadly weapon license. The 22
Department of Kentucky State Police shall attempt to secure from each other 23
state permission for Kentucky residents who hold a valid Kentucky concealed 24
deadly weapon license to carry concealed deadly weapons in that state, either 25
on the basis of the Kentucky license or on the basis that the Kentucky license 26
is sufficient to permit the issuance of a similar license by the other state. The 27 UNOFFICIAL COPY 23 RS BR 255
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Department of Kentucky State Police shall enter into a written reciprocity 1
agreement with the appropriate agency in each state that agrees to permit 2
Kentucky residents to carry concealed deadly weapons in the other state on 3
the basis of a Kentucky-issued concealed deadly weapon license or that will 4
issue a license to carry concealed deadly weapons in the other state based 5
upon a Kentucky concealed deadly weapon license. If a reciprocity agreement 6
is reached, the requirement to recontact the other state each twelve (12) 7
months shall be eliminated as long as the reciprocity agreement is in force. 8
The information shall be a public record and shall be available to individual 9
requesters free of charge for the first copy and at the normal rate for open 10
records requests for additional copies. 11
(21) By March 1 of each year, the Department of Kentucky State Police shall submit a 12
statistical report to the Governor, the President of the Senate, and the Speaker of the 13
House of Representatives, indicating the number of licenses issued, revoked, 14
suspended, and denied since the previous report and in total and also the number of 15
licenses currently valid. The report shall also include the number of arrests, 16
convictions, and types of crimes committed since the previous report by individuals 17
licensed to carry concealed weapons. 18
(22) The following provisions shall apply to concealed deadly weapon training classes 19
conducted by the Department of Criminal Justice Training or any other agency 20
pursuant to this section: 21
(a) No concealed deadly weapon instructor trainer shall have his or her 22
certification as a concealed deadly weapon instructor trainer reduced to that of 23
instructor or revoked except after a hearing conducted pursuant to KRS 24
Chapter 13B in which the instructor is found to have committed an act in 25
violation of the applicable statutes or administrative regulations; 26
(b) No concealed deadly weapon instructor shall have his or her certification as a 27 UNOFFICIAL COPY 23 RS BR 255
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concealed deadly weapon instructor license suspended or revoked except after 1
a hearing conducted pursuant to KRS Chapter 13B in which the instructor is 2
found to have committed an act in violation of the applicable statutes or 3
administrative regulations; 4
(c) The department shall not require prior notification that an applicant class or 5
instructor class will be conducted by a certified instructor or instructor trainer; 6
(d) Each concealed deadly weapon instructor or instructor trainer who teaches a 7
concealed deadly weapon applicant or concealed deadly weapon instructor 8
class shall supply the Department of Criminal Justice Training with a class 9
roster indicating which students enrolled and successfully completed the class, 10
and which contains the name and address of each student, within five (5) 11
working days of the completion of the class. The information may be sent by 12
mail, facsimile, e-mail, or other method which will result in the receipt of or 13
production of a hard copy of the information. The postmark, facsimile date, or 14
e-mail date shall be considered as the date on which the notice was sent. 15
Concealed deadly weapon class applicant, instructor, and instructor trainer 16
information and records shall be confidential. The department may release to 17
any person or organization the name, address, and telephone number of a 18
concealed deadly weapon instructor or instructor trainer if that instructor or 19
instructor trainer authorizes the release of the information in writing. The 20
department shall include on any application for an instructor or instructor 21
trainer certification a statement that the applicant either does or does not 22
desire the applicant's name, address, and telephone number to be made public; 23
(e) An instructor trainer who assists in the conduct of a concealed deadly weapon 24
instructor class or concealed deadly weapon applicant class for more than two 25
(2) hours shall be considered as to have taught a class for the purpose of 26
maintaining his or her certification. All class record forms shall include spaces 27 UNOFFICIAL COPY 23 RS BR 255
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for assistant instructors to sign and certify that they have assisted in the 1
conduct of a concealed deadly weapon instructor or concealed deadly weapon 2
class; 3
(f) An instructor who assists in the conduct of a concealed deadly weapon 4
applicant class for more than two (2) hours shall be considered as to have 5
taught a class for the purpose of maintaining his or her license. All class 6
record forms shall include spaces for assistant instructors to sign and certify 7
that they have assisted in the conduct of a concealed deadly weapon class; 8
(g) If the Department of Criminal Justice Training believes that a firearms 9
instructor trainer or certified firearms instructor has not in fact complied with 10
the requirements for teaching a certified firearms instructor or applicant class 11
by not teaching the class as specified in KRS 237.126, or who has taught an 12
insufficient class as specified in KRS 237.128, the department shall send to 13
each person who has been listed as successfully completing the concealed 14
deadly weapon applicant class or concealed deadly weapon instructor class a 15
verification form on which the time, date, date of range firing if different from 16
the date on which the class was conducted, location, and instructor of the class 17
is listed by the department and which requires the person to answer "yes" or 18
"no" to specific questions regarding the conduct of the training class. The 19
form shall be completed under oath and shall be returned to the Department of 20
Criminal Justice Training not later than forty-five (45) days after its receipt. A 21
person who fails to complete the form, to sign the form, or to return the form 22
to the Department of Criminal Justice Training within the time frame 23
specified in this section or who, as a result of information on the returned 24
form, is determined by the Department of Criminal Justice Training, 25
following a hearing pursuant to KRS Chapter 13B, to not have received the 26
training required by law shall have his or her concealed deadly weapon 27 UNOFFICIAL COPY 23 RS BR 255
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license revoked by the Department of Kentucky State Police, following a 1
hearing conducted by the Department of Criminal Justice Training pursuant to 2
KRS Chapter 13B, at which hearing the person is found to have violated the 3
provisions of this section or who has been found not to have received the 4
training required by law; 5
(h) The department shall annually, not later than December 31 of each year, 6
report to the Legislative Research Commission: 7
1. The number of firearms instructor trainers and certified firearms 8
instructors whose certifications were suspended, revoked, denied, or 9
who were otherwise disciplined; 10
2. The reasons for the imposition of suspensions, revocations, denials, or 11
other discipline; and 12
3. Suggestions for improvement of the concealed deadly weapon applicant 13
training program and instructor process; 14
(i) If a concealed deadly weapon license holder is convicted of, pleads guilty to, 15
or enters an Alford plea to a felony offense, then his or her concealed deadly 16
weapon license shall be forthwith revoked by the Department of Kentucky 17
State Police as a matter of law; 18
(j) If a concealed deadly weapon instructor or instructor trainer is convicted of, 19
pleads guilty to, or enters an Alford plea to a felony offense, then his or her 20
concealed deadly weapon instructor certification or concealed deadly weapon 21
instructor trainer certification shall be revoked by the Department of Criminal 22
Justice Training as a matter of law; and 23
(k) The following shall be in effect: 24
1. Action to eliminate the firearms instructor trainer program is prohibited. 25
The program shall remain in effect, and no firearms instructor trainer 26
shall have his or her certification reduced to that of certified firearms 27 UNOFFICIAL COPY 23 RS BR 255
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instructor; 1
2. The Department of Kentucky State Police shall revoke the concealed 2
deadly weapon license of any person who received no firearms training 3
as required by KRS 237.126 and administrative regulations, or who 4
received insufficient training as required by KRS 237.128 and 5
administrative regulations, if the person voluntarily admits nonreceipt of 6
training or admits receipt of insufficient training, or if either nonreceipt 7
of training or receipt of insufficient training is proven following a 8
hearing conducted by the Department of Criminal Justice Training 9
pursuant to KRS Chapter 13B. 10
Section 4. KRS 527.020 is amended to read as follows: 11
(1) A person is guilty of carrying a concealed weapon when he or she carries concealed 12
a firearm or other deadly weapon on or about his or her person in violation of this 13
section. 14
(2) Peace officers and certified court security officers, when necessary for their 15
protection in the discharge of their official duties; United States mail carriers when 16
actually engaged in their duties; and agents and messengers of express companies, 17
when necessary for their protection in the discharge of their official duties, may 18
carry concealed weapons on or about their person. 19
(3) The director of the Division of Law Enforcement in the Department of Fish and 20
Wildlife Resources, conservation officers of the Department of Fish and Wildlife 21
Resources, and policemen directly employed by state, county, city, or urban-county 22
governments may carry concealed deadly weapons on or about their person at all 23
times within the Commonwealth of Kentucky, when expressly authorized to do so 24
by law or by the government employing the officer. 25
(4) Persons carrying concealed weapons in accordance with KRS 237.109 or licensed 26
to carry a concealed deadly weapon pursuant to KRS 237.110 may carry a 27 UNOFFICIAL COPY 23 RS BR 255
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concealed firearm or other concealed deadly weapon on or about their persons at all 1
times within the Commonwealth of Kentucky, if the firearm or concealed deadly 2
weapon is carried in conformity with the requirements of KRS 237.109 or 237.110. 3
Unless otherwise specifically provided by the Kentucky Revised Statutes or 4
applicable federal law, no criminal penalty shall attach to carrying a concealed 5
firearm or other deadly weapon at any location at which an unconcealed firearm or 6
other deadly weapon may be constitutionally carried. No person or organization, 7
public or private, shall prohibit a person from possessing a firearm, ammunition, or 8
both, or other deadly weapon in his or her vehicle in compliance with the provisions 9
of KRS 237.109 and[,] 237.110[, and 237.115]. Any attempt by a person or 10
organization, public or private, to violate the provisions of this subsection may be 11
the subject of an action for appropriate relief or for damages in a Circuit Court or 12
District Court of competent jurisdiction. 13
(5) (a) The following persons, if they hold a license to carry a concealed deadly 14
weapon pursuant to KRS 237.110 or 237.138 to 237.142, may carry a firearm 15
or other concealed deadly weapon on or about their persons at all times and at 16
all locations within the Commonwealth of Kentucky, without any limitation 17
other than as provided in this subsection: 18
1. A Commonwealth's attorney or assistant Commonwealth's attorney; 19
2. A retired Commonwealth's attorney or retired assistant Commonwealth's 20
attorney; 21
3. A county attorney or assistant county attorney; 22
4. A retired county attorney or retired assistant county attorney; 23
5. A justice or judge of the Court of Justice; 24
6. A retired or senior status justice or judge of the Court of Justice; and 25
7. A retired peace officer who holds a concealed deadly weapon license 26
issued pursuant to the federal Law Enforcement Officers Safety Act, 18 27 UNOFFICIAL COPY 23 RS BR 255
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U.S.C. sec. 926C, and KRS 237.138 to 237.142. 1
(b) The provisions of this subsection shall not authorize a person specified in this 2
subsection to carry a concealed deadly weapon in a detention facility as 3
defined in KRS 520.010 or on the premises of a detention facility without the 4
permission of the warden, jailer, or other person in charge of the facility, or 5
the permission of a person authorized by the warden, jailer, or other person in 6
charge of the detention facility to give such permission. As used in this 7
section, "detention facility" does not include courtrooms, facilities, or other 8
premises used by the Court of Justice or administered by the Administrative 9
Office of the Courts. 10
(c) A person specified in this section who is issued a concealed deadly weapon 11
license shall be issued a license which bears on its face the statement that it is 12
valid at all locations within the Commonwealth of Kentucky and may have 13
such other identifying characteristics as determined by the Department of 14
Kentucky State Police. 15
(6) (a) Except as provided in this subsection, the following persons may carry 16
concealed deadly weapons on or about their person at all times and at all 17
locations within the Commonwealth of Kentucky: 18
1. An elected sheriff and full-time and part-time deputy sheriffs certified 19
pursuant to KRS 15.380 to 15.404 when expressly authorized to do so 20
by the unit of government employing the officer; 21
2. An elected jailer and a deputy jailer who has successfully completed 22
Department of Corrections basic training and maintains his or her 23
current in-service training when expressly authorized to do so by the 24
jailer; and 25
3. The department head or any employee of a corrections department in 26
any jurisdiction where the office of elected jailer has been merged with 27 UNOFFICIAL COPY 23 RS BR 255
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the office of sheriff who has successfully completed Department of 1
Corrections basic training and maintains his or her current in-service 2
training when expressly authorized to do so by the unit of government 3
by which he or she is employed. 4
(b) The provisions of this subsection shall not authorize a person specified in this 5
subsection to carry a concealed deadly weapon in a detention facility as 6
defined in KRS 520.010 or on the premises of a detention facility without the 7
permission of the warden, jailer, or other person in charge of the facility, or 8
the permission of a person authorized by the warden, jailer, or other person in 9
charge of the detention facility to give such permission. As used in this 10
section, "detention facility" does not include courtrooms, facilities, or other 11
premises used by the Court of Justice or administered by the Administrative 12
Office of the Courts. 13
(7) (a) A full-time paid peace officer of a government agency from another state or 14
territory of the United States or an elected sheriff from another territory of the 15
United States may carry a concealed deadly weapon in Kentucky, on or off 16
duty, if the other state or territory accords a Kentucky full-time paid peace 17
officer and a Kentucky elected sheriff the same rights by law. If the other state 18
or territory limits a Kentucky full-time paid peace officer or elected sheriff to 19
carrying a concealed deadly weapon while on duty, then that same restriction 20
shall apply to a full-time paid peace officer or elected sheriff from that state or 21
territory. 22
(b) The provisions of this subsection shall not authorize a person specified in this 23
subsection to carry a concealed deadly weapon in a detention facility as 24
defined in KRS 520.010 or on the premises of a detention facility without the 25
permission of the warden, jailer, or other person in charge of the facility, or 26
the permission of a person authorized by the warden, jailer, or other person in 27 UNOFFICIAL COPY 23 RS BR 255
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charge of the detention facility to give such permission. As used in this 1
section, "detention facility" does not include courtrooms, facilities, or other 2
premises used by the Court of Justice or administered by the Administrative 3
Office of the Courts. 4
(8) A loaded or unloaded firearm or other deadly weapon shall not be deemed 5
concealed on or about the person if it is located in any enclosed container, 6
compartment, or storage space installed as original equipment in a motor vehicle by 7
its manufacturer, including but not limited to a glove compartment, center console, 8
or seat pocket, regardless of whether said enclosed container, storage space, or 9
compartment is locked, unlocked, or does not have a locking mechanism. No 10
person or organization, public or private, shall prohibit a person from keeping a 11
loaded or unloaded firearm or ammunition, or both, or other deadly weapon in a 12
vehicle in accordance with the provisions of this subsection. Any attempt by a 13
person or organization, public or private, to violate the provisions of this subsection 14
may be the subject of an action for appropriate relief or for damages in a Circuit 15
Court or District Court of competent jurisdiction. This subsection shall not apply to 16
any person prohibited from possessing a firearm pursuant to KRS 527.040. 17
(9) The provisions of this section shall not apply to a person who carries a concealed 18
deadly weapon on or about his or her person: 19
(a) If he or she is the owner of the property or has the permission of the owner of 20
the property, on real property which he or she or his or her spouse, parent, 21
grandparent, or child owns; 22
(b) If he or she is the lessee of the property or has the permission of the lessee of 23
the property, on real property which he or she or his or her spouse, parent, 24
grandparent, or child occupies pursuant to a lease; or 25
(c) If he or she is the sole proprietor of the business, on real property owned or 26
leased by the business. 27 UNOFFICIAL COPY 23 RS BR 255
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(10) Carrying a concealed weapon is a Class A misdemeanor, unless the defendant has 1
been previously convicted of a felony in which a deadly weapon was possessed, 2
used, or displayed, in which case it is a Class D felony. 3
Section 5. The following KRS section is repealed: 4
237.115 Construction of KRS 237.110 -- Prohibition by local government units of 5
carrying concealed deadly weapons in governmental buildings -- Restriction on 6
criminal penalties. 7