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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 237.109 is amended to read as follows: 3
(1) Persons age eighteen (18)[twenty-one (21)] or older, and otherwise able to lawfully 4
possess a firearm, may carry concealed firearms or other concealed deadly weapons 5
without a license in the same locations as persons with valid licenses issued under 6
KRS 237.110. 7
(2) Nothing in this section shall be construed to allow the carrying or possession of any 8
deadly weapon where it is prohibited by federal law. 9
Section 2. KRS 237.110 is amended to read as follows: 10
(1) The Department of Kentucky State Police is authorized to issue and renew licenses 11
to carry concealed firearms or other deadly weapons, or a combination thereof, to 12
persons qualified as provided in this section. 13
(2) An original or renewal license issued pursuant to this section shall: 14
(a) Be valid throughout the Commonwealth and, except as provided in this 15
section or other specific section of the Kentucky Revised Statutes or federal 16
law, permit the holder of the license to carry firearms, ammunition, or other 17
deadly weapons, or a combination thereof, at any location in the 18
Commonwealth; 19
(b) Unless revoked or suspended as provided by law, be valid for a period of five 20
(5) years from the date of issuance; 21
(c) Authorize the holder of the license to carry a concealed firearm or other 22
deadly weapon, or a combination thereof, on or about his or her person; and 23
(d) Authorize the holder of the license to carry ammunition for a firearm on or 24
about his or her person. 25
(3) Prior to the issuance of an original or renewal license to carry a concealed deadly 26
weapon, the Department of Kentucky State Police, upon receipt of a completed 27 UNOFFICIAL COPY 24 RS BR 1565
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application, applicable fees, and any documentation required by this section or 1
administrative regulation promulgated by the Department of Kentucky State Police, 2
shall conduct a background check to ascertain whether the applicant is eligible 3
under 18 U.S.C. sec. 922(g) and (n), any other applicable federal law, and state law 4
to purchase, receive, or possess a firearm or ammunition, or both. The background 5
check shall include: 6
(a) A state records check covering the items specified in this subsection, together 7
with any other requirements of this section; 8
(b) A federal records check, which shall include a National Instant Criminal 9
Background Check System (NICS) check; 10
(c) A federal Immigration Alien Query if the person is an alien who has been 11
lawfully admitted to the United States by the United States government or an 12
agency thereof; and 13
(d) In addition to the Immigration Alien Query, if the applicant has not been 14
lawfully admitted to the United States under permanent resident status, the 15
Department of Kentucky State Police shall, if a doubt exists relating to an 16
alien's eligibility to purchase a firearm, consult with the United States 17
Department of Homeland Security, United States Department of Justice, 18
United States Department of State, or other federal agency to confirm whether 19
the alien is eligible to purchase a firearm in the United States, bring a firearm 20
into the United States, or possess a firearm in the United States under federal 21
law. 22
(4) The Department of Kentucky State Police shall issue an original or renewal license 23
if the applicant: 24
(a) Is not prohibited from the purchase, receipt, or possession of firearms, 25
ammunition, or both pursuant to 18 U.S.C. sec. 922(g) and (n)[, 18 U.S.C. 26
922(n)], or applicable federal or state law; 27 UNOFFICIAL COPY 24 RS BR 1565
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(b) 1. Is a citizen of the United States who is a resident of this 1
Commonwealth; 2
2. Is a citizen of the United States who is a member of the Armed Forces 3
of the United States who is on active duty, who is at the time of 4
application assigned to a military posting in Kentucky; 5
3. Is lawfully admitted to the United States by the United States 6
government or an agency thereof, is permitted by federal law to 7
purchase a firearm, and is a resident of this Commonwealth; or 8
4. Is lawfully admitted to the United States by the United States 9
government or an agency thereof;[,] is permitted by federal law to 10
purchase a firearm;[,] is, at the time of the application, assigned to a 11
military posting in Kentucky;[,] and has been assigned to a posting in 12
the Commonwealth; 13
(c) Is eighteen (18)[twenty-one (21)] years of age or older; 14
(d) Has not been committed to a state or federal facility for the abuse of a 15
controlled substance or been convicted of a misdemeanor violation of KRS 16
Chapter 218A or similar laws of any other state relating to controlled 17
substances, within a three (3) year period immediately preceding the date on 18
which the application is submitted; 19
(e) Does not chronically and habitually use alcoholic beverages as evidenced by 20
the applicant having two (2) or more convictions for violating KRS 189A.010 21
within the three (3) years immediately preceding the date on which the 22
application is submitted, or having been committed as an alcoholic pursuant to 23
KRS Chapter 222 or similar laws of another state within the three (3) year 24
period immediately preceding the date on which the application is submitted; 25
(f) Does not owe a child support arrearage which equals or exceeds the 26
cumulative amount which would be owed after one (1) year of nonpayment, if 27 UNOFFICIAL COPY 24 RS BR 1565
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the Department of Kentucky State Police has been notified of the arrearage by 1
the Cabinet for Health and Family Services; 2
(g) Has complied with any subpoena or warrant relating to child support or 3
paternity proceedings. If the Department of Kentucky State Police has not 4
been notified by the Cabinet for Health and Family Services that the applicant 5
has failed to meet this requirement, the Department of Kentucky State Police 6
shall assume that paternity and child support proceedings are not an issue; 7
(h) Has not been convicted of a violation of KRS 508.030 or 508.080 within the 8
three (3) years immediately preceding the date on which the application is 9
submitted. The commissioner of the Department of Kentucky State Police 10
may waive this requirement upon good cause shown and a determination that 11
the applicant is not a danger and that a waiver would not violate federal law; 12
(i) Demonstrates competence with a firearm by successful completion of a 13
firearms safety or training course that is conducted by a firearms instructor 14
who is certified by a national organization with membership open to residents 15
of any state or territory of the United States, which was created to promote 16
firearms education, safety, and the profession of firearms use and training, and 17
to foster professional behavior in its members. The organization shall require 18
members to adhere to its own code of ethics and conduct a program which 19
certifies firearms instructors and includes the use of written tests, in person 20
instruction, and a component of live-fire training. These national 21
organizations shall include but are not limited to the National Rifle 22
Association, the United States Concealed Carry Association, and the National 23
Shooting Sports Foundation. The training requirement may also be fulfilled 24
through any firearms safety course offered or approved by the Department of 25
Criminal Justice Training. The firearms safety course offered or approved by 26
the Department of Criminal Justice Training shall: 27 UNOFFICIAL COPY 24 RS BR 1565
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1. Be not more than eight (8) hours in length; 1
2. Include instruction on handguns, the safe use of handguns, the care and 2
cleaning of handguns, and handgun marksmanship principles; 3
3. Include actual range firing of a handgun in a safe manner, and the firing 4
of not more than twenty (20) rounds at a full-size silhouette target, 5
during which firing, not less than eleven (11) rounds must hit the 6
silhouette portion of the target; and 7
4. Include information on and a copy of laws relating to possession and 8
carrying of firearms, as set forth in KRS Chapters 237 and 527, and the 9
laws relating to the use of force, as set forth in KRS Chapter 503; and 10
(j) Demonstrates knowledge of the law regarding the justifiable use of force by 11
including with the application a copy of the concealed carry deadly weapons 12
legal handout made available by the Department of Criminal Justice Training 13
and a signed statement that indicates the[that] applicant has read and 14
understands the handout. 15
(5) (a) A legible photocopy or electronic copy of a certificate of completion issued 16
by a firearms instructor certified by a national organization or the Department 17
of Criminal Justice Training shall constitute evidence of qualification under 18
subsection (4)(i) of this section. 19
(b) Persons qualifying under subsection (6)(d) of this section may submit with 20
their application: 21
1. At least one (1) of the following paper or electronic forms or their 22
successor forms showing evidence of handgun training or handgun 23
qualifications: 24
a. Department of Defense Form DD 2586; 25
b. Department of Defense Form DD 214; 26
c. Coast Guard Form CG 3029; 27 UNOFFICIAL COPY 24 RS BR 1565
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d. Department of the Army Form DA 88-R; 1
e. Department of the Army Form DA 5704-R; 2
f. Department of the Navy Form OPNAV 3591-1; or 3
g. Department of the Air Force Form AF 522; or 4
2. a. Documentary evidence of an honorable discharge; and 5
b. A notarized affidavit on a form provided by the Department of 6
Kentucky State Police, signed under penalty of perjury, stating the 7
person has met the training requirements of subsection (6)(d) of 8
this section. 9
(6) (a) Peace officers who are currently certified as peace officers by the Kentucky 10
Law Enforcement Council pursuant to KRS 15.380 to 15.404 and peace 11
officers who are retired and are members of the Kentucky Employees 12
Retirement System, State Police Retirement System,[ or] County Employees 13
Retirement System, or other retirement system operated by or for a city, 14
county, or urban-county government in Kentucky shall be deemed to have 15
met the training requirement. 16
(b) Current and retired peace officers of the following federal agencies shall be 17
deemed to have met the training requirement: 18
1. Any peace officer employed by a federal agency specified in KRS 19
61.365; 20
2. Any peace officer employed by a federal civilian law enforcement 21
agency not specified above who has successfully completed the basic 22
law enforcement training course required by that agency; 23
3. Any military peace officer of the United States Army, Navy, Marine 24
Corps, or Air Force, or a reserve component thereof, or of the Army 25
National Guard or Air National Guard who has successfully completed 26
the military law enforcement training course required by that branch of 27 UNOFFICIAL COPY 24 RS BR 1565
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the military; 1
4. Any member of the United States Coast Guard serving in a peace officer 2
role who has successfully completed the law enforcement training 3
course specified by the United States Coast Guard. 4
(c) Corrections officers who are currently employed by a consolidated local 5
government, an urban-county government, or the Department of Corrections 6
who have successfully completed a basic firearms training course required for 7
their employment, and corrections officers who were formerly employed by a 8
consolidated local government, an urban-county government, or the 9
Department of Corrections who are retired, and who successfully completed a 10
basic firearms training course required for their employment, and are 11
members of a state-administered retirement system or other retirement system 12
operated by or for a city, county, or urban-county government in Kentucky 13
shall be deemed to have met the training requirement. 14
(d) Active or honorably discharged service members in the United States Army, 15
Navy, Marine Corps, Air Force, or Coast Guard, or a reserve component 16
thereof, or of the Army National Guard or Air National Guard shall be 17
deemed to have met the training requirement if these persons: 18
1. Successfully completed handgun training which was conducted by the 19
United States Army, Navy, Marine Corps, Air Force, or Coast Guard, or 20
a reserve component thereof, or of the Army National Guard or Air 21
National Guard; or 22
2. Successfully completed handgun qualification within the United States 23
Army, Navy, Marine Corps, Air Force, or Coast Guard, or a reserve 24
component thereof, or of the Army Guard or Air Force National Guard. 25
(7) (a) 1. A paper application for a license, or renewal of a license, to carry a 26
concealed deadly weapon shall be obtained from and submitted to the 27 UNOFFICIAL COPY 24 RS BR 1565
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office of the sheriff in the county in which the person resides. 1
2. An applicant, in lieu of a paper application, may submit an electronic 2
application for a license, or renewal of a license, to carry a concealed 3
deadly weapon to the Department of Kentucky State Police. 4
3. Persons qualifying under subsection (6)(d) of this section shall be 5
supplied the information in subsection (4)(i)4. of this section upon 6
obtaining an application. 7
(b) 1. The completed paper application and any documentation required by 8
this section plus an application fee or renewal fee, as appropriate, of 9
sixty dollars ($60) shall be presented to the office of the sheriff of the 10
county in which the applicant resides. 11
2. The sheriff shall transmit the paper application and accompanying 12
material to the Department of Kentucky State Police within five (5) 13
working days. 14
3. Twenty dollars ($20) of the paper application fee shall be retained by the 15
office of the sheriff for official expenses of the office. Twenty dollars 16
($20) shall be sent to the Department of Kentucky State Police with the 17
application. Ten dollars ($10) shall be transmitted by the sheriff to the 18
Administrative Office of the Courts to fund background checks for 19
youth leaders, and ten dollars ($10) shall be transmitted to the 20
Administrative Office of the Courts to fund background checks for 21
applicants for concealed weapon carry permits[weapons]. 22
(c) 1. A completed electronic application submitted in lieu of a paper 23
application, any documentation required by this section, and an 24
application fee or renewal fee, as appropriate, of seventy dollars ($70) 25
shall be presented to the Department of Kentucky State Police. 26
2. If an electronic application is submitted in lieu of a paper application, 27 UNOFFICIAL COPY 24 RS BR 1565
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thirty dollars ($30) of the electronic application fee shall be retained by 1
the Department of Kentucky State Police. Twenty dollars ($20) shall be 2
sent to the office of the sheriff of the applicant's county of residence for 3
official expenses of the office. Ten dollars ($10) shall be transmitted to 4
the Administrative Office of the Courts to fund background checks for 5
youth leaders, and ten dollars ($10) shall be transmitted to the 6
Administrative Office of the Courts to fund background checks for 7
applicants for concealed weapon carry permits. 8
(d) A full-time or part-time peace officer who is currently certified as a peace 9
officer by the Kentucky Law Enforcement Council and who is authorized by 10
his or her employer or government authority to carry a concealed deadly 11
weapon at all times and all locations within the Commonwealth pursuant to 12
KRS 527.020, or a retired peace officer who is a member of the Kentucky 13
Employees Retirement System, State Police Retirement System, County 14
Employees Retirement System, or other retirement system operated by or for 15
a city, county, or urban-county government in Kentucky, shall be exempt 16
from paying the paper or electronic application or renewal fees. 17
(e) The application, whether paper or electronic, shall be completed, under oath, 18
on a form or in a manner established[promulgated] by the Department of 19
Kentucky State Police by administrative regulation promulgated pursuant to 20
KRS Chapter 13A which shall include: 21
1. a. The name, address, place and date of birth, citizenship, gender, 22
Social Security number of the applicant; and 23
b. If not a citizen of the United States, alien registration number if 24
applicable, passport number, visa number, mother's maiden name, 25
and other information necessary to determine the immigration 26
status and eligibility to purchase a firearm under federal law of a 27 UNOFFICIAL COPY 24 RS BR 1565
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person who is not a citizen of the United States; 1
2. A statement that, to the best of his or her knowledge, the applicant is in 2
compliance with criteria contained within subsections (3) and (4) of this 3
section; 4
3. A statement that the applicant, if qualifying under subsection (6)(d) of 5
this section, has provided: 6
a. At least one (1) of the forms listed in subsection (5) of this section; 7
or 8
b. i. Documentary evidence of an honorable discharge; and 9
ii. A notarized affidavit on a form provided by the Department 10
of Kentucky State Police stating the person has met the 11
training requirements of subsection (6)(d) of this section; 12
4. A statement that the applicant has been furnished a copy of this section 13
and is knowledgeable about its provisions; 14
5. A statement that the applicant has been furnished a copy of, has read, 15
and understands KRS Chapter 503 as it pertains to the use of deadly 16
force for self-defense in Kentucky; and 17
6. A conspicuous warning that the application is executed under oath and 18
that a materially false answer to any question, or the submission of any 19
materially false document by the applicant, subjects the applicant to 20
criminal prosecution under KRS 523.030. 21
(8) The applicant shall submit to the sheriff of the applicant's county of residence or 22
county of military posting if submitting a paper application, or to the Department of 23
Kentucky State Police if submitting an electronic application: 24
(a) A completed application as described in subsection (7) of this section; 25
(b) A recent color photograph of the applicant, as prescribed by administrative 26
regulation; 27 UNOFFICIAL COPY 24 RS BR 1565
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(c) A paper or electronic certificate,[ or] an affidavit, or a document as described 1
in subsection (5) of this section; 2
(d) A paper or electronic document establishing the training exemption as 3
described in subsection (6) of this section; and 4
(e) For an applicant who is not a citizen of the United States and has been 5
lawfully admitted to the United States by the United States government or an 6
agency thereof, an affidavit as prescribed by administrative regulation 7
concerning his or her immigration status and his or her United States 8
government issued: 9
1. Permanent Resident Card I-551 or its equivalent successor 10
identification; 11
2. Other United States government issued evidence of lawful admission to 12
the United States which includes the category of admission, if admission 13
has not been granted as a permanent resident; and 14
3. Evidence of compliance with the provisions of 18 U.S.C. sec. 922(g)(5), 15
18 U.S.C. sec. 922(d)(5), or 18 U.S.C. sec. 922(y)(2), and 27 C.F.R. Part 16
178, including, as appropriate, but not limited to evidence of ninety (90) 17
day residence in the Commonwealth, a valid current Kentucky hunting 18
license if claiming exemption as a hunter, or other evidence of eligibility 19
to purchase a firearm by an alien which is required by federal law or 20
regulation. 21
If an applicant presents identification specified in this paragraph, the sheriff 22
shall examine the identification, may record information from the 23
identification presented, and shall return the identification to the applicant. 24
(9) The Department of Kentucky State Police shall, within sixty (60) days after the date 25
of receipt of the items listed in subsection (8) of this section if the applicant 26
submitted a paper application, or within fifteen (15) business days after the date of 27 UNOFFICIAL COPY 24 RS BR 1565
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receipt of the items listed in subsection (8) of this section if the applicant applied 1
electronically, either: 2
(a) Issue the license; or 3
(b) Deny the application based solely on the grounds that the applicant fails to 4
qualify under the criteria listed in subsection (3) or (4) of this section. If the 5
Department of Kentucky State Police denies the application, it shall notify the 6
applicant in writing, stating the grounds for denial and informing the applicant 7
of a right to submit, within thirty (30) days, any additional documentation 8
relating to the grounds of denial. Upon receiving any additional 9
documentation, the Department of Kentucky State Police shall reconsider its 10
decision and inform the applicant within twenty (20) days of the result of the 11
reconsideration. The applicant shall further be informed of the right to seek de 12
novo review of the denial in the District Court of his or her place of residence 13
within ninety (90) days from the date of the letter advising the applicant of the 14
denial. 15
(10) The Department of Kentucky State Police shall maintain an automated listing of 16
license holders and pertinent information, and this information shall be available 17
upon request, at all times to all Kentucky, federal, and other states' law enforcement 18
agencies. A request for the entire list of licensees, or for all licensees in a 19
geographic area, shall be denied. Only requests relating to a named licensee shall be 20
honored or available to law enforcement agencies. Information on applications for 21
licenses, names and addresses, or other identifying information relating to license 22
holders shall be confidential and shall not be made available except to law 23
enforcement agencies. No request for lists of local or statewide permit holders shall 24
be made to any state or local law enforcement agency, peace officer, or other 25
agency of government other than the Department of Kentucky State Police, and no 26
state or local law enforcement agency, peace officer, or agency of government, 27 UNOFFICIAL COPY 24 RS BR 1565
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other than the Department of Kentucky State Police, shall provide any information 1
to any requester not entitled to it by law. 2
(11) Within thirty (30) days after the changing of a permanent address, or within thirty 3
(30) days after the loss, theft, or destruction of a license, the licensee shall notify the 4
Department of Kentucky State Police of the loss, theft, or destruction. Failure to 5
notify the Department of Kentucky State Police shall constitute a noncriminal 6
violation with a penalty of twenty-five dollars ($25) payable to the clerk of the 7
District Court. No court costs shall be assessed for a violation of this subsection. 8
When a licensee makes application to change his or her residence address or other 9
information on the license, neither the sheriff nor the Department of Kentucky State 10
Police shall require a surrender of the license until a new license is in the office of 11
the applicable sheriff and available for issuance. Upon the issuance of a new 12
license, the old license shall be destroyed by the sheriff. 13
(12) If a license is lost, stolen, or destroyed, the license shall be automatically invalid, 14
and the person to whom the same was issued may, upon payment of fifteen dollars 15
($15) for a paper request, or twenty-five dollars ($25) for an electronic request 16
submitted in lieu of a paper request, to the Department of Kentucky State Police, 17
obtain a duplicate, upon furnishing a notarized statement to the Department of 18
Kentucky State Police that the license has been lost, stolen, or destroyed. 19
(13) (a) The commissioner of the Department of Kentucky State Police, or his or her 20
designee in writing, shall revoke the license of any person who becomes 21
permanently ineligible to be issued a license or have a license renewed under 22
the criteria set forth in this section. 23
(b) The commissioner of the Department of Kentucky State Police, or his or her 24
designee in writing, shall suspend the license of any person who becomes 25
temporarily ineligible to be issued a license or have a license renewed under 26
the criteria set forth in this section. The license shall remain suspended until 27 UNOFFICIAL COPY 24 RS BR 1565
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the person is again eligible for the issuance or renewal of a license. 1
(c) Upon the suspension or revocation of a license, the commissioner of the 2
Department of Kentucky State Police, or his or her designee in writing, shall: 3
1. Order any peace officer to seize the license from the person whose 4
license was suspended or revoked; or 5
2. Direct the person whose license was suspended or revoked to surrender 6
the license to the sheriff of the person's county of residence within two 7
(2) business days of the receipt of the notice. 8
(d) If the person whose license was suspended or revoked desires a hearing on the 9
matter, the person shall surrender the license as provided in paragraph (c)2. of 10
this subsection and petition the commissioner of the Department of Kentucky 11
State Police to hold a hearing on the issue of suspension or revocation of the 12
license. 13
(e) Upon receipt of the petition, the commissioner of the Department of Kentucky 14
State Police shall cause a hearing to be held in accordance with KRS Chapter 15
13B on the suspension or revocation of the license. If the license has not been 16
surrendered, no hearing shall be scheduled or held. 17
(f) If the hearing officer determines that the licensee's license was wrongly 18
suspended or revoked, the hearing officer shall order the commissioner of the 19
Department of Kentucky State Police to return the license and abrogate the 20
suspension or revocation of the license. 21
(g) Any party may appeal a decision pursuant to this subsection to the District 22
Court in the licensee's county of residence in the same manner as for the 23
denial of a license. 24
(h) If the license is not surrendered as ordered, the commissioner of the 25
Department of Kentucky State Police shall order a peace officer to seize the 26
license and deliver it to the commissioner. 27 UNOFFICIAL COPY 24 RS BR 1565
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(i) Failure to surrender a suspended or revoked license as ordered is a Class A 1
misdemeanor. 2
(j) The provisions of this subsection relating to surrender of a license shall not 3
apply if a court of competent jurisdiction has enjoined its surrender. 4
(k) When a domestic violence order or emergency protective order is issued 5
pursuant to the provisions of KRS Chapter 403 against a person holding a 6
license issued under this section, the holder of the permit shall surrender the 7
license to the court or to the officer serving the order. The officer to whom the 8
license is surrendered shall forthwith transmit the license to the court issuing 9
the order. The license shall be suspended until the order is terminated, or until 10
the judge who issued the order terminates the suspension prior to the 11
termination of the underlying domestic violence order or emergency 12
protective order, in writing and by return of the license, upon proper motion 13
by the license holder. Subject to the same conditions as above, a peace officer 14
against whom an emergency protective order or domestic violence order has 15
been issued shall not be permitted to carry a concealed deadly weapon when 16
not on duty, the provisions of KRS 527.020 to the contrary notwithstanding. 17
(14) (a) Not less than one hundred twenty (120) days prior to the expiration date of the 18
license, the Department of Kentucky State Police shall mail to each licensee a 19
written notice of the expiration and a renewal form prescribed by the 20
Department of Kentucky State Police. The outside of the envelope containing 21
the license renewal notice shall bear only the name and address of the 22
applicant. No other information relating to the applicant shall appear on the 23
outside of the envelope sent to the applicant. The licensee may renew his or 24
her license on or before the expiration date by filing with the sheriff of his or 25
her county of residence the paper renewal form, or by filing with the 26
Department of Kentucky State Police an electronic renewal form in lieu of a 27 UNOFFICIAL COPY 24 RS BR 1565
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paper renewal form, stating that the licensee remains qualified pursuant to the 1
criteria specified in subsections (3) and (4) of this section, and the required 2
renewal fee set forth in subsection (7) of this section. The sheriff shall issue to 3
the applicant a receipt for the paper application for renewal of the license and 4
shall date the receipt. The Department of Kentucky State Police shall issue to 5
the applicant a receipt for an electronic application for renewal of the license 6
submitted in lieu of a paper application for renewal and shall date the receipt. 7
(b) A license which has expired shall be void and shall not be valid for any 8
purpose other than surrender to the sheriff in exchange for a renewal license. 9
(c) The license shall be renewed to a qualified applicant upon receipt of the 10
completed renewal application, records check as specified in subsection (3) of 11
this section, determination that the renewal applicant is not ineligible for a 12
license as specified in subsection (4) of this section, and appropriate payment 13
of fees. Upon the issuance of a new license, the old license shall be destroyed 14
by the sheriff. A licensee who fails to file a renewal application on or before 15
its expiration date may renew his or her license by paying, in addition to the 16
license fees, a late fee of fifteen dollars ($15). No license shall be renewed six 17
(6) months or more after its expiration date, and the license shall be deemed to 18
be permanently expired six (6) months after its expiration date. A person 19
whose license has permanently expired may reapply for licensure pursuant to 20
subsections (7), (8), and (9) of this section. 21
(15) The licensee shall carry the license at all times the licensee is carrying a concealed 22
firearm or other deadly weapon and shall display the license upon request of a law 23
enforcement officer. Violation of the provisions of this subsection shall constitute a 24
noncriminal violation with a penalty of twenty-five dollars ($25), payable to the 25
clerk of the District Court, but no court costs shall be assessed. 26
(16) Except as provided in KRS 527.020, no license issued pursuant to this section shall 27 UNOFFICIAL COPY 24 RS BR 1565
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authorize any person to carry a concealed firearm into: 1
(a) Any police station or sheriff's office; 2
(b) Any detention facility, prison, or jail; 3
(c) Any courthouse, solely occupied by the Court of Justice courtroom, or court 4
proceeding; 5
(d) Any meeting of the governing body of a county, municipality, or special 6
district; or any meeting of the General Assembly or a committee of the 7
General Assembly, except that nothing in this section shall preclude a member 8
of the body, holding a concealed deadly weapon license, from carrying a 9
concealed deadly weapon at a meeting of the body of which he or she is a 10
member; 11
(e) Any portion of an establishment licensed to dispense beer or alcoholic 12
beverages for consumption on the premises, which portion of the 13
establishment is primarily devoted to that purpose; 14
(f) Any elementary or secondary school facility without the consent of school 15
authorities as provided in KRS 527.070, any child-caring facility as defined in 16
KRS 199.011, any child-care[day-care] center as defined in KRS 199.894, or 17
any certified family child-care home as defined in KRS 199.8982, except 18
however, any owner of a certified child-care home may carry a concealed 19
firearm into the owner's residence used as a certified child-care home; 20
(g) An area of an airport to which access is controlled by the inspection of 21
persons and property; or 22
(h) Any place where the carrying of firearms is prohibited by federal law. 23
(17) The owner, business or commercial lessee, or manager of a private business 24
enterprise, child-care[day-care] center as defined in KRS 199.894 or certified or 25
licensed family child-care home as defined in KRS 199.8982, or a health-care 26
facility licensed under KRS Chapter 216B, except facilities renting or leasing 27 UNOFFICIAL COPY 24 RS BR 1565
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housing, may prohibit persons holding concealed deadly weapon licenses from 1
carrying concealed deadly weapons on the premises and may prohibit employees, 2
not authorized by the employer, holding concealed deadly weapons licenses from 3
carrying concealed deadly weapons on the property of the employer. If the building 4
or the premises are open to the public, the employer or business enterprise shall 5
post signs on or about the premises if carrying concealed weapons is prohibited. 6
Possession of weapons, or ammunition, or both in a vehicle on the premises shall 7
not be a criminal offense so long as the weapons, or ammunition, or both are not 8
removed from the vehicle or brandished while the vehicle is on the premises. A 9
private but not a public employer may prohibit employees or other persons holding 10
a concealed deadly weapons license from carrying concealed deadly weapons, or 11
ammunition, or both in vehicles owned by the employer, but may not prohibit 12
employees or other persons holding a concealed deadly weapons license from 13
carrying concealed deadly weapons, or ammunition, or both in vehicles owned by 14
the employee, except that the Justice and Public Safety Cabinet may prohibit an 15
employee from carrying any weapons, or ammunition, or both other than the 16
weapons, or ammunition, or both issued or authorized to be used by the employee 17
of the cabinet, in a vehicle while transporting persons under the employee's 18
supervision or jurisdiction. Carrying of a concealed weapon, or ammunition, or both 19
in a location specified in this subsection by a license holder shall not be a criminal 20
act but may subject the person to denial from the premises or removal from the 21
premises, and, if an employee of an employer, disciplinary measures by the 22
employer. 23
(18) All moneys collected by the Department of Kentucky State Police pursuant to this 24
section shall be used to administer the provisions of this section and KRS 237.138 25
to 237.142. By March 1 of each year, the Department of Kentucky State Police and 26
the Administrative Office of the Courts shall submit reports to the Governor, the 27 UNOFFICIAL COPY 24 RS BR 1565
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President of the Senate, and the Speaker of the House of Representatives, indicating 1
the amounts of money collected and the expenditures related to this section, KRS 2
237.138 to 237.142, and KRS 237.115, 244.125, 527.020, and 527.070, and the 3
administration of the provisions of this section, KRS 237.138 to 237.142, and KRS 4
237.115, 244.125, 527.020, and 527.070. 5
(19) The General Assembly finds as a matter of public policy that it is necessary to 6
provide statewide uniform standards for issuing licenses to carry concealed firearms 7
and to occupy the field of regulation of the bearing of concealed firearms to ensure 8
that no person who qualifies under the provisions of this section is denied his or her 9
rights. The General Assembly does not delegate to the Department of Kentucky 10
State Police the authority to regulate or restrict the issuing of licenses provided for 11
in this section beyond those provisions contained in this section. This section shall 12
be liberally construed to carry out the constitutional right to bear arms for self-13
defense. 14
(20) (a) A person who is not a resident of Kentucky and who has a valid license issued 15
by another state of the United States to carry a concealed deadly weapon in 16
that state may, subject to provisions of Kentucky law, carry a concealed 17
deadly weapon in Kentucky, and his or her license shall be considered as valid 18
in Kentucky. 19
(b) If a person with a valid license to carry a concealed deadly weapon issued 20
from another state that has entered into a reciprocity agreement with the 21
Department of Kentucky State Police becomes a resident of Kentucky, the 22
license issued by the other state shall be considered as valid for the first one 23
hundred twenty (120) days of the person's residence in Kentucky, if within 24
sixty (60) days of moving to Kentucky, the person completes a form 25
provided[promulgated] by the Department of Kentucky State Police which 26
shall include: 27 UNOFFICIAL COPY 24 RS BR 1565
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1. A signed and notarized statement averring that to the best of his or her 1
knowledge the person's license to carry a concealed deadly weapon is 2
valid and in compliance with applicable out-of-state law, and has not 3
been revoked or suspended for any reason except for valid forfeiture due 4
to departure from the issuing state; 5
2. The person's name, date of birth, citizenship, gender, Social Security 6
number if applicable, proof that he or she is a citizen of the United 7
States, a permanent resident of the United States, or otherwise lawfully 8
present in the United States, former out-of-state address, current address 9
within the state of Kentucky, date on which Kentucky residence began, 10
state which issued the concealed carry license, the issuing state's 11
concealed carry license number, and the state of issuance of license; and 12
3. A photocopy of the person's out-of-state license to carry a concealed 13
deadly weapon. 14
(c) Within sixty (60) days of moving to Kentucky, the person shall deliver the 15
form and accompanying documents by registered or certified mail, return 16
receipt requested, to the address indicated on the form provided by the 17
Department of Kentucky State Police pursuant to this subsection. 18
(d) The out-of-state concealed carry license shall become invalid in Kentucky 19
upon the earlier of: 20
1. The out-of-state person having resided in Kentucky for more than one 21
hundred twenty (120) days; or 22
2. The person being issued a Kentucky concealed deadly weapon license 23
pursuant to this section. 24
(e) The Department of Kentucky State Police shall, not later than thirty (30) days 25
after July 15, 1998, and not less than once every twelve (12) months 26
thereafter, make written inquiry of the concealed deadly weapon carrying 27 UNOFFICIAL COPY 24 RS BR 1565
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licensing authorities in each other state as to whether a Kentucky resident may 1
carry a concealed deadly weapon in their state based upon having a valid 2
Kentucky concealed deadly weapon license, or whether a Kentucky resident 3
may apply for a concealed deadly weapon carrying license in that state based 4
upon having a valid Kentucky concealed deadly weapon license. The 5
Department of Kentucky State Police shall attempt to secure from each other 6
state permission for Kentucky residents who hold a valid Kentucky concealed 7
deadly weapon license to carry concealed deadly weapons in that state, either 8
on the basis of the Kentucky license or on the basis that the Kentucky license 9
is sufficient to permit the issuance of a similar license by the other state. The 10
Department of Kentucky State Police shall enter into a written reciprocity 11
agreement with the appropriate agency in each state that agrees to permit 12
Kentucky residents to carry concealed deadly weapons in the other state on 13
the basis of a Kentucky-issued concealed deadly weapon license or that will 14
issue a license to carry concealed deadly weapons in the other state based 15
upon a Kentucky concealed deadly weapon license. If a reciprocity agreement 16
is reached, the requirement to recontact the other state each twelve (12) 17
months shall be eliminated as long as the reciprocity agreement is in force. 18
The information shall be a public record and shall be available to individual 19
requesters free of charge for the first copy and at the normal rate for open 20
records requests for additional copies. 21
(21) By March 1 of each year, the Department of Kentucky State Police shall submit a 22
statistical report to the Governor, the President of the Senate, and the Speaker of the 23
House of Representatives, indicating the number of licenses issued, revoked, 24
suspended, and denied since the previous report and in total and also the number of 25
licenses currently valid. The report shall also include the number of arrests, 26
convictions, and types of crimes committed since the previous report by individuals 27 UNOFFICIAL COPY 24 RS BR 1565
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licensed to carry concealed weapons. 1
(22) The following provisions shall apply to concealed deadly weapon training classes 2
conducted by the Department of Criminal Justice Training or any other agency 3
pursuant to this section: 4
(a) No concealed deadly weapon instructor trainer shall have his or her 5
certification as a concealed deadly weapon instructor trainer reduced to that of 6
instructor or revoked except after a hearing conducted pursuant to KRS 7
Chapter 13B in which the instructor is found to have committed an act in 8
violation of the applicable statutes or administrative regulations; 9
(b) No concealed deadly weapon instructor shall have his or her certification as a 10
concealed deadly weapon instructor license suspended or revoked except after 11
a hearing conducted pursuant to KRS Chapter 13B in which the instructor is 12
found to have committed an act in violation of the applicable statutes or 13
administrative regulations; 14
(c) The department shall not require prior notification that an applicant class or 15
instructor class will be conducted by a certified instructor or instructor trainer; 16
(d) Each concealed deadly weapon instructor or instructor trainer who teaches a 17
concealed deadly weapon applicant or concealed deadly weapon instructor 18
class shall supply the Department of Criminal Justice Training with a class 19
roster indicating which students enrolled and successfully completed the class, 20
and which contains the name and address of each student, within five (5) 21
working days of the completion of the class. The information may be sent by 22
mail, facsimile, e-mail, or other method which will result in the receipt of or 23
production of a hard copy of the information. The postmark, facsimile date, or 24
e-mail date shall be considered as the date on which the notice was sent. 25
Concealed deadly weapon class applicant, instructor, and instructor trainer 26
information and records shall be confidential. The department may release to 27 UNOFFICIAL COPY 24 RS BR 1565
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any person or organization the name, address, and telephone number of a 1
concealed deadly weapon instructor or instructor trainer if that instructor or 2
instructor trainer authorizes the release of the information in writing. The 3
department shall include on any application for an instructor or instructor 4
trainer certification a statement that the applicant either does or does not 5
desire the applicant's name, address, and telephone number to be made public; 6
(e) An instructor trainer who assists in the conduct of a concealed deadly weapon 7
instructor class or concealed deadly weapon applicant class for more than two 8
(2) hours shall be considered as to have taught a class for the purpose of 9
maintaining his or her certification. All class record forms shall include spaces 10
for assistant instructors to sign and certify that they have assisted in the 11
conduct of a concealed deadly weapon instructor or concealed deadly weapon 12
class; 13
(f) An instructor who assists in the conduct of a concealed deadly weapon 14
applicant class for more than two (2) hours shall be considered as to have 15
taught a class for the purpose of maintaining his or her license. All class 16
record forms shall include spaces for assistant instructors to sign and certify 17
that they have assisted in the conduct of a concealed deadly weapon class; 18
(g) If the Department of Criminal Justice Training believes that a firearms 19
instructor trainer or certified firearms instructor has not in fact complied with 20
the requirements for teaching a certified firearms instructor or applicant class 21
by not teaching the class as specified in KRS 237.126, or who has taught an 22
insufficient class as specified in KRS 237.128, the department shall send to 23
each person who has been listed as successfully completing the concealed 24
deadly weapon applicant class or concealed deadly weapon instructor class a 25
verification form on which the time, date, date of range firing if different from 26
the date on which the class was conducted, location, and instructor of the class 27 UNOFFICIAL COPY 24 RS BR 1565
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is listed by the department and which requires the person to answer "yes" or 1
"no" to specific questions regarding the conduct of the training class. The 2
form shall be completed under oath and shall be returned to the Department of 3
Criminal Justice Training not later than forty-five (45) days after its receipt. A 4
person who fails to complete the form, to sign the form, or to return the form 5
to the Department of Criminal Justice Training within the time frame 6
specified in this section or who, as a result of information on the returned 7
form, is determined by the Department of Criminal Justice Training, 8
following a hearing pursuant to KRS Chapter 13B, to not have received the 9
training required by law shall have his or her concealed deadly weapon 10
license revoked by the Department of Kentucky State Police, following a 11
hearing conducted by the Department of Criminal Justice Training pursuant to 12
KRS Chapter 13B, at which hearing the person is found to have violated the 13
provisions of this section or who has been found not to have received the 14
training required by law; 15
(h) The department shall annually, not later than December 31 of each year, 16
report to the Legislative Research Commission: 17
1. The number of firearms instructor trainers and certified firearms 18
instructors whose certifications were suspended, revoked, denied, or 19
who were otherwise disciplined; 20
2. The reasons for the imposition of suspensions, revocations, denials, or 21
other discipline; and 22
3. Suggestions for improvement of the concealed deadly weapon applicant 23
training program and instructor process; 24
(i) If a concealed deadly weapon license holder is convicted of, pleads guilty to, 25
or enters an Alford plea to a felony offense, then his or her concealed deadly 26
weapon license shall be forthwith revoked by the Department of Kentucky 27 UNOFFICIAL COPY 24 RS BR 1565
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State Police as a matter of law; 1
(j) If a concealed deadly weapon instructor or instructor trainer is convicted of, 2
pleads guilty to, or enters an Alford plea to a felony offense, then his or her 3
concealed deadly weapon instructor certification or concealed deadly weapon 4
instructor trainer certification shall be revoked by the Department of Criminal 5
Justice Training as a matter of law; and 6
(k) The following shall be in effect: 7
1. Action to eliminate the firearms instructor trainer program is prohibited. 8
The program shall remain in effect, and no firearms instructor trainer 9
shall have his or her certification reduced to that of certified firearms 10
instructor; 11
2. The Department of Kentucky State Police shall revoke the concealed 12
deadly weapon license of any person who received no firearms training 13
as required by KRS 237.126 and administrative regulations, or who 14
received insufficient training as required by KRS 237.128 and 15
administrative regulations, if the person voluntarily admits nonreceipt of 16
training or admits receipt of insufficient training, or if either nonreceipt 17
of training or receipt of insufficient training is proven following a 18
hearing conducted by the Department of Criminal Justice Training 19
pursuant to KRS Chapter 13B. 20