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AN ACT relating to firearms and declaring an emergency. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 237 IS CREATED TO 3
READ AS FOLLOWS: 4
As used in this chapter: 5
(1) (a) "Assault weapon" means: 6
1. A semiautomatic rifle that has an ability to accept a detachable 7
magazine and has at least one (1) of the following characteristics: 8
a. A folding or telescoping stock; 9
b. A pistol grip that protrudes conspicuously beneath the action of 10
the weapon; 11
c. A second handgrip or a protruding grip that can be held by the 12
non-trigger hand; 13
d. A bayonet mount; 14
e. A flash suppressor, muzzle break, muzzle compensator, or 15
threaded barrel designed to accommodate a flash suppressor, 16
muzzle break, or muzzle compensator; or 17
f. A grenade launcher; 18
2. A semiautomatic shotgun that has at least one (1) of the following 19
characteristics: 20
a. A folding or telescoping stock; 21
b. A second handgrip or a protruding grip that can be held by the 22
non-trigger hand; 23
c. A fixed magazine capacity in excess of seven (7) rounds; or 24
d. An ability to accept a detachable magazine; 25
3. A semiautomatic pistol that has an ability to accept a detachable 26
magazine and has at least one (1) of the following characteristics: 27 UNOFFICIAL COPY 24 RS BR 1542
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a. A folding or telescoping stock; 1
b. A second handgrip or a protruding grip that can be held by the 2
non-trigger hand; 3
c. Capacity to accept an ammunition magazine that attaches to the 4
pistol outside of the pistol grip; 5
d. A threaded barrel capable of accepting a barrel extender, flash 6
suppressor, forward handgrip, or silencer; 7
e. A shroud that is attached to, or partially or completely encircles, 8
the barrel and that permits the shooter to hold the firearm with 9
the non-trigger hand without being burned; or 10
f. A manufactured weight of fifty (50) ounces or more when the 11
pistol is unloaded; 12
4. A semiautomatic version of an automatic rifle, shotgun, or firearm; or 13
5. A revolving cylinder shotgun. 14
(b) "Assault weapon" does not include: 15
1. Any rifle, shotgun, or pistol that 16
a. Is manually operated by bolt, pump, lever, or slide action; 17
b. Has been rendered permanently inoperable; or 18
c. Is an antique firearm as defined in 18 U.S.C. sec. 921; 19
2. A semiautomatic rifle that cannot accept a detachable magazine that 20
holds more than five (5) rounds of ammunition; or 21
3. A semiautomatic shotgun that cannot hold more than five (5) rounds 22
of ammunition in a fixed or detachable magazine; 23
(2) "Large capacity ammunition feeding device" means a magazine, belt, drum, feed 24
strip, or similar device that has a capacity of, or that can be readily restored or 25
converted to accept, more than seven (7) rounds of ammunition, but does not 26
include an attached tubular device designed to accept, and capable of operating 27 UNOFFICIAL COPY 24 RS BR 1542
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only with, .22 caliber rimfire ammunition or a feeding device that is a curio or 1
relic. To qualify as a curio or relic feeding device under this subsection, it must 2
be a feeding device that: 3
(a) Was manufactured at least fifty (50) years prior to the current date, not 4
including replicas thereof; 5
(b) Is only capable of being used exclusively in a firearm, rifle, or shotgun that 6
was manufactured at least fifty (50) years prior to the current date, not 7
including replicas thereof; 8
(c) Is possessed by an individual who is not prohibited by state or federal law 9
from possessing a firearm; and 10
(d) Is registered with the Department of Kentucky State Police pursuant to 11
Section 5 of this Act; and 12
(3) "Seller of ammunition" means any person, firm, partnership, corporation, or 13
company that engages in the business of purchasing, selling, or keeping 14
ammunition. 15
SECTION 2. A NEW SECTION OF KRS CHAPTER 237 IS CREATED TO 16
READ AS FOLLOWS: 17
(1) In addition to any other requirement of state or federal law, all sales, exchanges, 18
or transfers of firearms shall be conducted in accordance with this section unless 19
the sale, exchange, or transfer is: 20
(a) Conducted by a licensed importer, licensed manufacturer, or licensed 21
dealer, as those terms are defined in 18 U.S.C. secs. 921 and 922, when the 22
sale, exchange, or transfer is conducted pursuant to that person’s federal 23
firearms license; or 24
(b) Between spouses, parents, children, and stepchildren in the same immediate 25
family. 26
(2) Before any sale, exchange, or transfer pursuant to this section, a national instant 27 UNOFFICIAL COPY 24 RS BR 1542
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criminal background check shall be completed by a dealer who consents to 1
conduct a check, and upon completion of the background check, the dealer shall 2
complete a form developed by the Department of Kentucky State Police, and 3
available for download through the department's website, that identifies and 4
confirms that the check was performed. 5
(3) In addition to any sales log-keeping requirements created under Section 5 of this 6
Act or any other requirement of state or federal law, all dealers shall maintain a 7
record of transactions and background checks conducted pursuant to this section, 8
and the records shall be maintained on the premises identified and described in 9
the dealer's license, and shall be available at all reasonable hours for inspection 10
by any peace officer acting within the scope of his or her duties. 11
(4) A dealer may require that any background check conducted pursuant to this 12
section be subject to a fee not to exceed ten dollars ($10) per transaction. 13
(5) Any record produced pursuant to this section and any transmission of the record 14
to any government agency shall not be considered a public record for purposes of 15
the Kentucky Open Records Act, KRS 61.870 to 61.884. 16
(6) Any person who knowingly violates this section shall be guilty of a Class A 17
misdemeanor. 18
SECTION 3. A NEW SECTION OF KRS CHAPTER 237 IS CREATED TO 19
READ AS FOLLOWS: 20
(1) (a) Any owner or other person lawfully in possession of a firearm who suffers 21
the loss or theft of the firearm or any seller of ammunition who suffers a 22
loss or theft of ammunition shall report the facts and circumstances of the 23
loss or theft to an appropriate law enforcement agency within twenty-four 24
(24) hours of the discovery of the loss or theft. 25
(b) The report required by paragraph (a) of this subsection shall contain, if 26
known, the caliber, make, model, manufacturer’s name and serial number, 27 UNOFFICIAL COPY 24 RS BR 1542
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if any, and any other distinguishing number or identification mark on the 1
firearm, or the make, type, and caliber of the ammunition. 2
(c) The law enforcement agency shall enter the reported information into the 3
National Crime Information Center database. 4
(2) Any person who fails to make a report of a loss or theft as required by this section 5
shall be guilty of a Class A misdemeanor. 6
SECTION 4. A NEW SECTION OF KRS CHAPTER 237 IS CREATED TO 7
READ AS FOLLOWS: 8
(1) As used in this section, "safe storage depository" means a safe or other secure 9
container which, when locked, is incapable of being opened without the key, 10
combination, or other unlocking mechanism and is capable of preventing an 11
unauthorized person from obtaining access to and possession of its contents. 12
(2) A person who owns or is a custodian of a firearm shall not store or otherwise 13
leave the firearm out of his or her immediate possession or control without 14
having first securely locked the firearm in an appropriate safe storage depository 15
or rendered it incapable of being fired by use of a gun-locking device appropriate 16
to that weapon. 17
(3) Any person who violates this section shall be guilty of a Class A misdemeanor. 18
SECTION 5. A NEW SECTION OF KRS CHAPTER 237 IS CREATED TO 19
READ AS FOLLOWS: 20
(1) (a) The Department of Kentucky State Police shall promulgate an 21
administrative regulation for the licensure of persons to possess a handgun 22
in the Commonwealth of Kentucky. The administrative regulation shall 23
prohibit the possession of a handgun by a person in Kentucky unless the 24
person holds a license or falls within an exemption that the Department of 25
Kentucky State Police may create in the administrative regulation. The 26
license shall be available to persons who are at least twenty-one (21) years 27 UNOFFICIAL COPY 24 RS BR 1542
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old or have been honorably discharged from the Armed Forces of the 1
United States, meet the eligibility criteria established by the department, and 2
are not otherwise prohibited by state or federal law from possessing a 3
handgun. 4
(b) The Department of Kentucky State Police may establish a fee for 5
applications for a license sufficient to cover the costs of administering the 6
program. 7
(c) Licenses issued under this subsection shall be effective for no longer than 8
five (5) years. 9
(d) Persons receiving a license under this subsection shall be given the option 10
of whether the license shall be public or private. If the license is private, the 11
record shall be available to all state law enforcement agencies but shall not 12
be a public record under the Kentucky Open Records Act, KRS 61.870 to 13
61.884. 14
(e) Any person who possesses a handgun in violation of the administrative 15
regulations promulgated under this subsection shall be guilty of a Class A 16
misdemeanor. 17
(2) (a) The Department of Kentucky State Police shall promulgate an 18
administrative regulation for the registration of handguns in the 19
Commonwealth of Kentucky. The administrative regulation shall prohibit 20
the possession of an unregistered handgun by a person in Kentucky unless 21
the handgun falls within an exemption that the Department of Kentucky 22
State Police may create in the administrative regulation. 23
(b) The administrative regulation shall require that the handgun's registration 24
information be updated upon any transfer of ownership of the handgun. 25
(c) The Department of Kentucky State Police may establish a fee for 26
applications for a license sufficient to cover the costs of administering the 27 UNOFFICIAL COPY 24 RS BR 1542
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program. 1
(d) Persons registering a handgun under this subsection shall be given the 2
option of deciding whether the registration shall be public or private. If the 3
registration is private, the record shall not be a public record under the 4
Kentucky Open Records Act, KRS 61.870 to 61.884. 5
(e) Any person who possesses an unregistered handgun in violation of the 6
administrative regulation promulgated under this subsection shall be guilty 7
of a Class A misdemeanor. 8
(3) (a) The Department of Kentucky State Police shall promulgate an 9
administrative regulation for the licensure of persons to possess an assault 10
weapon or a large capacity ammunition feeding device in the 11
Commonwealth of Kentucky. The administrative regulation shall prohibit 12
the possession of an assault weapon or a large capacity ammunition feeding 13
device by a person in Kentucky unless the person holds a license or falls 14
within an exemption that the Department of Kentucky State Police may 15
create in the administrative regulation. The license shall be available to 16
persons who are at least twenty-one (21) years old or have been honorably 17
discharged from the Armed Forces of the United States, meet the eligibility 18
criteria established by the department, and are not otherwise prohibited by 19
state or federal law from possessing an assault weapon or a large capacity 20
ammunition feeding device. 21
(b) The Department of Kentucky State Police may establish a fee for 22
applications for a license sufficient to cover the costs of administering the 23
program. 24
(c) Licenses issued under this subsection shall be effective for no longer than 25
five (5) years. 26
(d) Persons receiving a license under this subsection shall be given the option 27 UNOFFICIAL COPY 24 RS BR 1542
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of deciding whether the license shall be public or private. If the license is 1
private, the record shall not be a public record under the Kentucky Open 2
Records Act, KRS 61.870 to 61.884. 3
(e) Any person who possesses an assault weapon or a large capacity 4
ammunition feeding device in violation of the administrative regulation 5
promulgated under this subsection shall be guilty of a Class D felony. 6
(4) (a) The Department of Kentucky State Police shall promulgate an 7
administrative regulation for the registration of assault weapons or large 8
capacity ammunition feeding devices in the Commonwealth of Kentucky. 9
The administrative regulation shall prohibit the possession of an 10
unregistered assault weapon or a large capacity ammunition feeding device 11
by a person in Kentucky unless the assault weapon or large capacity 12
ammunition feeding device falls within an exemption that the Department 13
of Kentucky State Police may create in the administrative regulation. 14
(b) The administrative regulation shall require that the assault weapon or large 15
capacity ammunition feeding device registration information be updated 16
upon any transfer of ownership of the assault weapon or large capacity 17
ammunition feeding device. 18
(c) The Department of Kentucky State Police may establish a fee for 19
applications for a license sufficient to cover the costs of administering the 20
program. 21
(d) Persons registering an assault weapon or large capacity ammunition 22
feeding device under this subsection shall be given the option of deciding 23
whether the registration shall be public or private. If the registration is 24
private, the record shall not be a public record under the Kentucky Open 25
Records Act, KRS 61.870 to 61.884. 26
(e) Any person who possesses an unregistered assault weapon or large capacity 27 UNOFFICIAL COPY 24 RS BR 1542
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ammunition feeding device in violation of the administrative regulation 1
promulgated under this subsection shall be guilty of a Class D felony. 2
(5) (a) The Department of Kentucky State Police shall promulgate an 3
administrative regulation establishing a sales log-keeping requirement for 4
firearms dealers and sellers of ammunition operating in Kentucky that sell 5
handguns, ammunition for handguns, assault weapons, ammunition for 6
assault weapons, large capacity ammunition feeding devices, or 7
ammunition for large capacity ammunition feeding devices. 8
(b) 1. The administrative regulation may require that the log be kept in 9
electronic format and transmitted to the department at regular 10
intervals. 11
2. The administrative regulation may require the Department of 12
Kentucky State Police or the dealer or seller to require the purchaser 13
to produce a government-issued photo identification, which the dealer 14
or seller shall record in the log. 15
(c) By July 1, 2025, the log shall be required to operate in real time and shall 16
query the records of the department prior to the completion of a sale, 17
including sales, exchanges, or transfers pursuant to Section 2 of this Act, to 18
determine whether the purchaser has a current, valid license to possess that 19
type of firearm or a license for the type of firearm for which the 20
ammunition is being purchased. 21
(d) Records kept in the sales log shall be open to inspection by any peace officer 22
acting on official business. 23
(e) Any firearms dealer or seller of ammunition who violates the administrative 24
regulation promulgated under this subsection shall be guilty of a Class B 25
misdemeanor. 26
SECTION 6. A NEW SECTION OF KRS CHAPTER 527 IS CREATED TO 27 UNOFFICIAL COPY 24 RS BR 1542
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READ AS FOLLOWS: 1
(1) A person is guilty of criminal purchase or transfer of a weapon when knowing 2
that: 3
(a) He or she is prohibited by law from possessing a firearm because of a prior 4
criminal conviction or is otherwise ineligible to lawfully possess a firearm 5
under state or federal law, the person purchases a firearm from another 6
person; 7
(b) It is unlawful for another person to possess a firearm, he or she purchases a 8
firearm for, on behalf of, or for the use of that other person; or 9
(c) Another person is prohibited by law from possessing a firearm because of a 10
prior criminal conviction or is otherwise ineligible to lawfully possess a 11
firearm under state or federal law, a person transfers a firearm to that other 12
person. 13
(2) Criminal purchase or transfer of a weapon is a Class D felony. 14
Section 7. KRS 395.250 is amended to read as follows: 15
It shall be the duty of a personal representative of a decedent to return an inventory in 16
duplicate within two (2) months from the time of qualifying as the personal 17
representative[such], to the clerk's office of the court in which he or she qualified, the 18
original of which shall be recorded by the clerk and the duplicate shall be mailed by the 19
clerk to the secretary of revenue. The inventory shall include a particularized 20
description of every firearm that is part of the estate, and if a firearm is included, a 21
copy of the inventory shall be provided by the clerk to the Department of Kentucky 22
State Police. Copies from the record of the inventory or appraisement shall be prima 23
facie evidence for or against the personal[such] representative. 24
Section 8. KRS 403.735 is amended to read as follows: 25
(1) Prior to or at a hearing on a petition for an order of protection: 26
(a) The court may obtain the respondent's Kentucky criminal and protective order 27 UNOFFICIAL COPY 24 RS BR 1542
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history and utilize that information to assess what relief and which sanctions 1
may protect against danger to the petitioner or other person for whom 2
protection is being sought, with the information so obtained being provided to 3
the parties in accordance with the Rules of Civil Procedure; and 4
(b) If the petitioner or respondent is a minor, the court shall inquire whether the 5
parties attend school in the same school system to assist the court in imposing 6
conditions in the order that have the least disruption in the administration of 7
education to the parties while providing appropriate protection to the 8
petitioner. 9
(2) (a) If the adverse party is not present at the hearing ordered pursuant to KRS 10
403.730 and has not been served, a previously issued emergency protective 11
order shall remain in place, and the court shall direct the issuance of a new 12
summons for a hearing set not more than fourteen (14) days in the future. If 13
service has not been made on the adverse party before that hearing or a 14
subsequent hearing, the emergency protective order shall remain in place, and 15
the court shall continue the hearing and issue a new summons with a new date 16
and time for the hearing to occur, which shall be within fourteen (14) days of 17
the originally scheduled date for the continued hearing. The court shall repeat 18
the process of continuing the hearing and reissuing a new summons until the 19
adverse party is served in advance of the scheduled hearing. If service has not 20
been made on the respondent at least seventy-two (72) hours prior to the 21
scheduled hearing, the court may continue the hearing no more than fourteen 22
(14) days in the future. In issuing the summons, the court shall simultaneously 23
transmit a copy of the summons or notice of its issuance and provisions to the 24
petitioner. 25
(b) The provisions of this section permitting the continuance of an emergency 26
protective order shall be limited to six (6) months from the issuance of the 27 UNOFFICIAL COPY 24 RS BR 1542
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emergency protective order. If the respondent has not been served within that 1
period, the order shall be rescinded without prejudice. Prior to the expiration 2
of the emergency protective order, the court shall provide notice to the 3
petitioner stating that, if the petitioner does not file a new petition, the order 4
shall be rescinded without prejudice. 5
(c) In issuing an order of protection or in considering any requested 6
modifications to or violations of an existing order of protection, the court 7
shall make a determination of whether there is a substantial risk that the 8
respondent may use or threaten to use a firearm unlawfully against the 9
person for whose protection the order of protection is issued. If the court 10
finds that a substantial risk exists, the court shall order that the respondent 11
be prohibited from possessing a firearm and shall order him or her to 12
surrender any firearms owned or possessed by the respondent to the sheriff 13
of the county where the firearm is located. The sheriff shall impound the 14
weapon until the: 15
1. Prohibition is lifted; 16
2. Order expires; or 17
3. Respondent directs the transfer of the weapon to a person lawfully 18
allowed to possess the firearm. 19
(d) Upon the surrender of all firearms by the respondent in compliance with the 20
court's order under paragraph (c) of this subsection, the sheriff taking 21
possession of the firearms shall issue a receipt identifying the firearms that 22
have been surrendered and provide a copy of the receipt to the respondent. 23
The sheriff shall file the original receipt with the court and shall ensure that 24
the sheriff's office retains a copy of the receipt. 25
Section 9. KRS 504.030 is amended to read as follows: 26
(1) When a defendant is found not guilty by reason of insanity, the court shall: 27 UNOFFICIAL COPY 24 RS BR 1542
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(a) Conduct an involuntary hospitalization proceeding under KRS Chapter 202A 1
or 202B; and 2
(b) Order in open court that the defendant be prohibited from possessing a 3
firearm and shall also order him or her to surrender any firearms owned or 4
possessed by the defendant to the sheriff of the county where the firearm is 5
located. The sheriff shall impound the weapon until the: 6
1. Order expires or is lifted; 7
2. Conviction is altered, amended, or vacated; 8
3. Defendant is granted a pardon; or 9
4. Respondent directs the transfer of the weapon to a person lawfully 10
allowed to possess the firearm. 11
Upon the surrender of all firearms by the defendant in compliance with the 12
court's order under paragraph (b) of this subsection, the sheriff taking possession 13
of the firearms shall issue a receipt identifying the firearms that have been 14
surrendered and provide a copy of the receipt to the defendant. The sheriff shall 15
file the original receipt with the court and shall ensure that the sheriff's office 16
retains a copy of the receipt. 17
(2) To facilitate the procedure established in subsection (1) of this section, the court 18
may order the detention of the defendant for a period of ten (10) days to allow for 19
proceedings to be initiated against the defendant for examination and possible 20
detention pursuant to the provisions of KRS Chapter 202A or 202B. 21
Section 10. KRS 237.104 is amended to read as follows: 22
(1) No person, unit of government, or governmental organization shall, during a period 23
of disaster or emergency as specified in KRS Chapter 39A or at any other time, 24
have the right to revoke, suspend, limit the use of, or otherwise impair the validity 25
of the right of any person to purchase, transfer, loan, own, possess, carry, or use a 26
firearm, firearm part, ammunition, ammunition component, or any deadly weapon 27 UNOFFICIAL COPY 24 RS BR 1542
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or dangerous instrument. 1
(2) No person, unit of government, or governmental organization shall, during a period 2
of disaster or emergency as specified in KRS Chapter 39A or at any other time, 3
take, seize, confiscate, or impound a firearm, firearm part, ammunition, ammunition 4
component, or any deadly weapon or dangerous instrument from any person. 5
(3) The provisions of this section shall not apply to the taking of an item specified in 6
subsection (1) or (2) of this section from a person who is: 7
(a) Forbidden to possess a firearm pursuant to KRS 527.040 or Section 8, 9, or 8
15 of this Act; 9
(b) Forbidden to possess a firearm pursuant to federal law; 10
(c) Violating KRS 527.020; 11
(d) In possession of a stolen firearm; 12
(e) Using a firearm in the commission of a separate criminal offense; or 13
(f) Using a firearm or other weapon in the commission of an offense under KRS 14
Chapter 150. 15
Section 11. KRS 506.080 is amended to read as follows: 16
(1) A person is guilty of criminal facilitation when, acting with knowledge that another 17
person is committing or intends to commit a crime, he or she engages in conduct 18
which knowingly provides such person with means or opportunity for the 19
commission of the crime and which in fact aids such person to commit the crime, 20
including making available, selling, exchanging, giving, or disposing of a 21
firearm. 22
(2) Criminal facilitation is a: 23
(a) Class D felony when the crime facilitated is a Class A or Class B felony or 24
capital offense; 25
(b) Class A misdemeanor when the crime facilitated is a Class C or Class D 26
felony; 27 UNOFFICIAL COPY 24 RS BR 1542
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(c) Class B misdemeanor when the crime facilitated is a misdemeanor. 1
Section 12. KRS 508.020 is amended to read as follows: 2
(1) A person is guilty of assault in the second degree when: 3
(a) He or she intentionally causes serious physical injury to another person;[ or ] 4
(b) He or she intentionally causes physical injury to another person by means of a 5
deadly weapon or a dangerous instrument;[ or] 6
(c) He or she wantonly causes serious physical injury to another person by means 7
of a deadly weapon or a dangerous instrument; or 8
(d) He or she wantonly causes physical injury to a minor by intentionally 9
discharging a firearm. 10
(2) Assault in the second degree is a Class C felony. 11
Section 13. KRS 527.040 is amended to read as follows: 12
(1) A person is guilty of possession of a firearm by a convicted felon when he or she 13
possesses, manufactures, or transports a firearm when he or she has been convicted 14
of a felony, as defined by the laws of the jurisdiction in which he or she was 15
convicted, in any state or federal court and has not: 16
(a) Been granted a full pardon by the Governor or by the President of the United 17
States; or 18
(b) Been granted relief by the United States Secretary of the Treasury pursuant to 19
the Federal Gun Control Act of 1968, as amended. 20
(2) (a) Possession of a firearm by a convicted felon is a Class D felony unless the 21
firearm possessed is a handgun in which case it is a Class C felony. 22
(b) If a felon is convicted of a criminal offense other than possession of a firearm 23
by a convicted felon, and he or she possessed a firearm in commission of that 24
offense, then the felon shall be penalized for violating this section one (1) 25
class more severely if it is a second or subsequent violation of this section. 26
(c) Sentences for violation of this section shall be served consecutively to any 27 UNOFFICIAL COPY 24 RS BR 1542
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other felony sentence imposed on the offender. 1
(3) The provisions of this section shall apply to any youthful offender convicted of a 2
felony offense under the laws of this Commonwealth. The exceptions contained in 3
KRS 527.100 prohibiting possession of a handgun by a minor shall not apply to this 4
section. 5
(4) The provisions of this section with respect to handguns, shall apply only to persons 6
convicted after January 1, 1975, and with respect to other firearms, to persons 7
convicted after July 15, 1994. 8
Section 14. KRS 527.070 is amended to read as follows: 9
(1) A person is guilty of unlawful possession of a weapon on school property when he 10
or she knowingly deposits, possesses, or carries, whether openly or concealed, for 11
purposes other than instructional or school-sanctioned ceremonial purposes, or the 12
purposes permitted in subsection (3) of this section, any firearm or other deadly 13
weapon, destructive device, or booby trap device in any postsecondary education 14
facility, public or private school building or bus, on any public or private school 15
campus, grounds, recreation area, athletic field, or any other property owned, used, 16
or operated by any institution of postsecondary education, board of education, 17
school, board of trustees, regents, or directors for the administration of any public 18
or private educational institution.[ The provisions of this section shall not apply to 19
institutions of postsecondary or higher education.] 20
(2) Each chief administrator of a public or private school shall display about the school 21
in prominent locations, including[,] but not limited to[,] sports arenas, gymnasiums, 22
stadiums, and cafeterias, a sign at least six (6) inches high and fourteen (14) inches 23
wide stating: 24
UNLAWFUL POSSESSION OF A WEAPON ON SCHOOL 25
PROPERTY IN KENTUCKY IS A FELONY PUNISHABLE 26
BY A MAXIMUM OF FIVE (5) YEARS IN PRISON AND A 27 UNOFFICIAL COPY 24 RS BR 1542
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TEN THOUSAND DOLLAR ($10,000) FINE. 1
Failure to post the sign shall not relieve any person of liability under this section. 2
(3) The provisions of this section prohibiting the unlawful possession of a weapon on 3
school property shall not apply to: 4
(a) An adult who is not a pupil of any secondary school and who possesses a 5
firearm, if the firearm is contained within a vehicle operated by the adult and 6
is not removed from the vehicle, except for a purpose permitted herein, or 7
brandished by the adult, or by any other person acting with expressed or 8
implied consent of the adult, while the vehicle is on school property; 9
(b) Any pupils who are members of the reserve officers training corps or pupils 10
enrolled in a course of instruction or members of a school club or team, to the 11
extent they are required to carry arms or weapons in the discharge of their 12
official class or team duties; 13
(c) Any peace officer or police officer authorized to carry a concealed weapon 14
pursuant to KRS 527.020; 15
(d) Persons employed by the Armed Forces of the United States or members of 16
the National Guard or militia when required in the discharge of their official 17
duties to carry arms or weapons; 18
(e) Civil officers of the United States in the discharge of their official duties. 19
Nothing in this section shall be construed as to allow any person to carry a 20
concealed weapon into a public or private elementary or secondary school 21
building; 22
(f) Any other persons, including, but not limited to, exhibitors of historical 23
displays, who have been authorized to carry a firearm by the board of 24
education or board of trustees of the public or private institution; 25
(g) A person hunting during the lawful hunting season on lands owned by any 26
public or private educational institution and designated as open to hunting by 27 UNOFFICIAL COPY 24 RS BR 1542
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the board of education or board of trustees of the educational institution; 1
(h) A person possessing unloaded hunting weapons while traversing the grounds 2
of any public or private educational institution for the purpose of gaining 3
access to public or private lands open to hunting with the intent to hunt on the 4
public or private lands, unless the lands of the educational institution are 5
posted prohibiting the entry; or 6
(i) A person possessing guns or knives when conducting or attending a "gun and 7
knife show" when the program has been approved by the board of education 8
or board of trustees of the educational institution. 9
(4) Unlawful possession of a weapon on school property is a Class D felony. 10
Section 15. KRS 532.030 is amended to read as follows: 11
(1) When a person is convicted of a capital offense, he or she shall have his or her 12
punishment fixed at death, or at a term of imprisonment for life without benefit of 13
probation or parole, or at a term of imprisonment for life without benefit of 14
probation or parole until he or she has served a minimum of twenty-five (25) years 15
of his or her sentence, or to a sentence of life, or to a term of not less than twenty 16
(20) years nor more than fifty (50) years. 17
(2) When a person is convicted of a Class A felony, he or she shall have his 18
punishment fixed at imprisonment in accordance with KRS 532.060. 19
(3) When a person is convicted of an offense other than a capital offense or Class A 20
felony, he or she shall have his or her punishment fixed at: 21
(a) A term of imprisonment authorized by this chapter; or 22
(b) A fine authorized by KRS Chapter 534; or 23
(c) Both imprisonment and a fine unless precluded by the provisions of KRS 24
Chapter 534. 25
(4) (a) When a person is convicted of any capital offense, felony offense, or offense 26
where the defendant is found guilty but mentally ill, the judge pronouncing 27 UNOFFICIAL COPY 24 RS BR 1542
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sentence shall order in open court that the defendant be prohibited from 1
possessing a firearm and shall order him or her to surrender any firearms 2
owned or possessed by the defendant to the sheriff of the county where the 3
firearm is located, who shall impound the weapon until the prohibition is 4
lifted, the conviction is altered, amended, or vacated, the defendant is 5
granted a pardon, or the respondent directs the transfer of the weapon to a 6
person lawfully allowed to possess the firearm. 7
(b) Upon the surrender of all firearms by the defendant in compliance with the 8
court's order under this subsection, the sheriff taking possession of the 9
firearms shall issue a receipt identifying the firearms that have been 10
surrendered and provide a copy of the receipt to the defendant. The sheriff 11
shall file the original receipt with the court and shall ensure that the 12
sheriff's office retains a copy of the receipt. 13
(5) In all cases in which the death penalty may be authorized the judge shall instruct the 14
jury in accordance with subsection (1) of this section. The instructions shall state, 15
subject to the aggravating and mitigating limitations and requirements of KRS 16
532.025, that the jury may recommend upon a conviction for a capital offense a 17
sentence of death, or at a term of imprisonment for life without benefit of probation 18
or parole, or a term of imprisonment for life without benefit of probation or parole 19
until the defendant has served a minimum of twenty-five (25) years of his or her 20
sentence, or a sentence of life, or to a term of not less than twenty (20) years nor 21
more than fifty (50) years. 22
Section 16. KRS 532.025 is amended to read as follows: 23
(1) (a) Upon conviction of a defendant in cases where the death penalty may be 24
imposed, a hearing shall be conducted. In such hearing, the judge shall hear 25
additional evidence in extenuation, mitigation, and aggravation of 26
punishment, including the record of any prior criminal convictions and pleas 27 UNOFFICIAL COPY 24 RS BR 1542
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of guilty or pleas of nolo contendere of the defendant, or the absence of any 1
prior conviction and pleas; provided, however, that only such evidence in 2
aggravation as the state has made known to the defendant prior to his or her 3
trial shall be admissible. Subject to the Kentucky Rules of Evidence, juvenile 4
court records of adjudications of guilt of a child for an offense that would be a 5
felony if committed by an adult shall be admissible in court at any time the 6
child is tried as an adult, or after the child becomes an adult, at any 7
subsequent criminal trial relating to that same person. Juvenile court records 8
made available pursuant to this section may be used for impeachment 9
purposes during a criminal trial and may be used during the sentencing phase 10
of a criminal trial; however, the fact that a juvenile has been adjudicated 11
delinquent of an offense that would be a felony if the child had been an adult 12
shall not be used in finding the child to be a persistent felony offender based 13
upon that adjudication. Release of the child's treatment, medical, mental, or 14
psychological records is prohibited unless presented as evidence in Circuit 15
Court. Release of any records resulting from the child's prior abuse and 16
neglect under Title IV-E or IV-B of the Federal Social Security Act is also 17
prohibited. The judge shall also hear argument by the defendant or his or her 18
counsel and the prosecuting attorney, as provided by law, regarding the 19
punishment to be imposed. The prosecuting attorney shall open and the 20
defendant shall conclude the argument. In cases in which the death penalty 21
may be imposed, the judge when sitting without a jury shall follow the 22
additional procedure provided in subsection (2) of this section. Upon the 23
conclusion of the evidence and arguments, the judge shall impose the sentence 24
or shall recess the trial for the purpose of taking the sentence within the limits 25
prescribed by law. If the trial court is reversed on appeal because of error only 26
in the presentence hearing, the new trial which may be ordered shall apply 27 UNOFFICIAL COPY 24 RS BR 1542
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only to the issue of punishment. 1
(b) In all cases in which the death penalty may be imposed and which are tried by 2
a jury, upon a return of a verdict of guilty by the jury, the court shall resume 3
the trial and conduct a presentence hearing before the jury. Such hearing shall 4
be conducted in the same manner as presentence hearings conducted before 5
the judge as provided in paragraph (a) of this subsection, including the record 6
of any prior criminal convictions and pleas of guilty or pleas of nolo 7
contendere of the defendant. Upon the conclusion of the evidence and 8
arguments, the judge shall give the jury appropriate instructions, and the jury 9
shall retire to determine whether any mitigating or aggravating circumstances, 10
as defined in subsection (2) of this section, exist and to recommend a sentence 11
for the defendant. Upon the findings of the jury, the judge shall fix a sentence 12
within the limits prescribed by law. 13
(2) In all cases of offenses for which the death penalty may be authorized, the judge 14
shall consider, or he or she shall include in the[his] instructions to the jury for it to 15
consider, any mitigating circumstances or aggravating circumstances otherwise 16
authorized by law and any of the following statutory aggravating or mitigating 17
circumstances which may be supported by the evidence: 18
(a) Aggravating circumstances: 19
1. The offense of murder or kidnapping was committed by a person with a 20
prior record of conviction for a capital offense, or the offense of murder 21
was committed by a person who has a substantial history of serious 22
assaultive criminal convictions; 23
2. The offense of murder or kidnapping was committed while the offender 24
was engaged in the commission of arson in the first degree, robbery in 25
the first degree, burglary in the first degree, rape in the first degree, or 26
sodomy in the first degree; 27 UNOFFICIAL COPY 24 RS BR 1542
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3. The offender by his or her act of murder, armed robbery, or kidnapping 1
knowingly created a great risk of death to more than one (1) person in a 2
public place by means of a weapon of mass destruction, weapon, or 3
other device which would normally be hazardous to the lives of more 4
than one (1) person; 5
4. The offender committed the offense of murder for himself, herself, or 6
another, for the purpose of receiving money or any other thing of 7
monetary value, or for other profit; 8
5. The offense of murder was committed by a person who was a prisoner 9
and the victim was a prison employee engaged at the time of the act in 10
the performance of his or her duties; 11
6. The offender's act or acts of killing were intentional and resulted in 12
multiple deaths; 13
7. The offender's act of killing was intentional and the victim was a state or 14
local public official or police officer, sheriff, or deputy sheriff engaged 15
at the time of the act in the lawful performance of his or her duties; 16
8. The offender murdered the victim when an emergency protective order 17
or a domestic violence order was in effect, or when any other order 18
designed to protect the victim from the offender, such as an order issued 19
as a condition of a bond, conditional release, probation, parole, or 20
pretrial diversion, was in effect; and 21
9. The offender's act of killing was intentional and resulted in the death of 22
a child under twelve (12) years old. 23
(b) Mitigating circumstances: 24
1. The defendant has no significant history of prior criminal activity; 25
2. The capital offense was committed while the defendant was under the 26
influence of extreme mental or emotional disturbance even though the 27 UNOFFICIAL COPY 24 RS BR 1542
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influence of extreme mental or emotional disturbance is not sufficient to 1
constitute a defense to the crime; 2
3. The victim was a participant in the defendant's criminal conduct or 3
consented to the criminal act; 4
4. The capital offense was committed under circumstances which the 5
defendant believed to provide a moral justification or extenuation for his 6
or her conduct even though the circumstances which the defendant 7
believed to provide a moral justification or extenuation for his or her 8
conduct are not sufficient to constitute a defense to the crime; 9
5. The defendant was an accomplice in a capital offense committed by 10
another person and his or her participation in the capital offense was 11
relatively minor; 12
6. The defendant acted under duress or under the domination of another 13
person even though the duress or the domination of another person is not 14
sufficient to constitute a defense to the crime; 15
7. At the time of the capital offense, the capacity of the defendant to 16
appreciate the criminality of his or her conduct to the requirements of 17
law was impaired as a result of mental illness or an intellectual disability 18
or intoxication even though the impairment of the capacity of the 19
defendant to appreciate the criminality of his or her conduct or to 20
conform the conduct to the requirements of law is insufficient to 21
constitute a defense to the crime; and 22
8. The youth of the defendant at the time of the crime. 23
(3) The instructions as determined by the trial judge to be warranted by the evidence or 24
as required by KRS 532.030(5)[(4)] shall be given in charge and in writing to the 25
jury for its deliberation. The jury, if its verdict be a recommendation of death, or 26
imprisonment for life without benefit of probation or parole, or imprisonment for 27 UNOFFICIAL COPY 24 RS BR 1542
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life without benefit of probation or parole until the defendant has served a minimum 1
of twenty-five (25) years of his or her sentence, shall designate in writing, signed by 2
the foreman of the jury, the aggravating circumstance or circumstances which it 3
found beyond a reasonable doubt. In nonjury cases, the judge shall make such 4
designation. In all cases unless at least one (1) of the statutory aggravating 5
circumstances enumerated in subsection (2) of this section is so found, the death 6
penalty, or imprisonment for life without benefit of probation or parole, or the 7
sentence to imprisonment for life without benefit of probation or parole until the 8
defendant has served a minimum of twenty-five (25) years of his or her sentence, 9
shall not be imposed. 10
Section 17. KRS 237.115 is amended to read as follows: 11
(1) Except as provided in KRS 527.020, nothing contained in KRS 237.109 or 237.110 12
shall be construed to limit, restrict, or prohibit in any manner[ the right of a college, 13
university, or any postsecondary education facility, including technical schools and 14
community colleges, to control the possession of deadly weapons on any property 15
owned or controlled by them or] the right of a unit of state, city, county, urban-16
county, or charter county government to prohibit the carrying of concealed deadly 17
weapons in that portion of a building actually owned, leased, or occupied by that 18
unit of government. 19
(2) Except as provided in KRS 527.020, the legislative body of a state, city, county, or 20
urban-county government may, by statute, administrative regulation, or ordinance, 21
prohibit or limit the carrying of concealed deadly weapons in that portion of a 22
building owned, leased, or controlled by that unit of government. That portion of a 23
building in which the carrying of concealed deadly weapons is prohibited or limited 24
shall be clearly identified by signs posted at the entrance to the restricted area. The 25
statute or ordinance shall exempt any building used for public housing by private 26
persons, highway rest areas, firing ranges, and private dwellings owned, leased, or 27 UNOFFICIAL COPY 24 RS BR 1542
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controlled by that unit of government from any restriction on the carrying or 1
possession of deadly weapons. The statute, administrative regulation, or ordinance 2
shall not specify any criminal penalty for its violation but may specify that persons 3
violating the statute or ordinance may be denied entrance to the building, ordered to 4
leave the building, and if employees of the unit of government, be subject to 5
employee disciplinary measures for violation of the provisions of the statute or 6
ordinance.[ The provisions of this section shall not be deemed to be a violation of 7
KRS 65.870 if the requirements of this section are followed.] The provisions of this 8
section shall not apply to any other unit of government. 9
(3) Unless otherwise specifically provided by the Kentucky Revised Statutes or 10
applicable federal law, no criminal penalty shall attach to carrying a concealed 11
firearm or other deadly weapon at any location at which an unconcealed firearm or 12
other deadly weapon may be constitutionally carried. 13
Section 18. KRS 65.1591 is amended to read as follows: 14
(1) As used in this section: 15
(a) "Peer support communication" means any oral or written communication 16
made in the course of, or application for, a peer support counseling session or 17
any communication by a peer support participant regarding the contents of a 18
peer support counseling session to another peer support specialist, staff 19
member of a peer support counseling program, or the supervisor of a peer 20
support specialist; 21
(b) "Peer support counseling program" means a program provided by a public 22
agency to provide counseling services from a peer support specialist to a 23
public safety employee; 24
(c) "Peer support counseling session" means any counseling formally provided 25
through a peer support counseling program between a peer support specialist 26
and one (1) or more public safety employees; 27 UNOFFICIAL COPY 24 RS BR 1542
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(d) "Peer support participant" means a public safety employee who receives 1
counseling services from a peer support specialist; 2
(e) "Peer support specialist" means a public safety employee designated by the 3
public agency to provide peer support counseling who has received training in 4
both peer support counseling and in providing emotional and moral support to 5
public safety employees who have been in or exposed to an emotionally 6
traumatic experience in the course of employment; 7
(f) "Public agency" means a city, county, urban-county government, charter 8
county government, consolidated local government, unified local 9
government, special district, local or regional public or quasi-public agency, 10
board, commission, department, or public corporation[has the same meaning 11
as the entities listed in KRS 65.870 (1)]; and 12
(g) "Public safety employee" means an individual employed by a public agency 13
who: 14
1. Serves as a police officer as defined by KRS 15.420(2)(a)1.; 15
2. Serves in a position that is primarily engaged in firefighting activities, 16
whether paid or unpaid; 17
3. Serves as a certified telecommunicator as provided by KRS 15.560 to 18
15.565; or 19
4. Is licensed to provide emergency medical services as provided by KRS 20
Chapter 311A. 21
(2) Any public agency may create and design a peer support counseling program to 22
provide support to public safety employees who have been in or exposed to an 23
emotionally traumatic experience in the course of employment. 24
(3) The content of any peer support communication shall remain confidential and shall 25
not be disclosed to any individual who was not party to the peer support counseling 26
session or peer support communication, except when the peer support 27 UNOFFICIAL COPY 24 RS BR 1542
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communication contains: 1
(a) An explicit threat of suicide by a participant in which the participant shares an 2
intent to die by suicide, a plan to carry out a suicide attempt, or discloses the 3
means by which the participant intends to carry out a suicide attempt. This 4
paragraph shall not apply to any peer support communication where the 5
participant solely shares that the participant is experiencing suicidal thoughts; 6
(b) An explicit threat by a participant of imminent and serious physical and 7
bodily harm or death to a clearly identified or reasonably identifiable victim; 8
(c) Information related to the abuse or neglect of a child or an older adult or 9
vulnerable individual that is required by law to be reported; 10
(d) An admission of criminal conduct; or 11
(e) Information which is required by law to be disclosed. 12
(4) A peer support participant shall hold a privilege from disclosure of any peer support 13
communication in any disciplinary proceeding or any civil or criminal proceeding 14
unless it contains information exempted under subsection (3)(b), (c), (d), or (e) of 15
this section. Under this privilege, the peer support communication shall be subject 16
to the same protections as any counselor-client privilege provided under the 17
Kentucky Rules of Evidence in any criminal or civil proceeding. 18
(5) Nothing in subsection (3) or (4) of this section shall be interpreted or construed to 19
prohibit: 20
(a) The use of or sharing by the public agency of anonymous data for research, 21
statistical analysis, or educational purposes; 22
(b) The disclosure of an observation by an employee of the public agency of a 23
peer support participant outside of a peer support counseling session and not 24
contained in peer support communication; or 25
(c) The disclosure of knowledge of a law enforcement officer of the public 26
agency about a peer support participant not gained from peer support 27 UNOFFICIAL COPY 24 RS BR 1542
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communication. 1
Section 19. The following KRS section is repealed: 2
65.870 Local firearms control ordinances prohibited -- Exemption from immunity -- 3
Declaratory and injunctive relief. 4
Section 20. Section 5 of this Act takes effect on January 1, 2025. 5
Section 21. Whereas the protection of the safety of the citizens of Kentucky is 6
of primary importance, an emergency is declared to exist, and Sections 1 to 4 and 6 to 19 7
of this Act take effect upon their passage and approval by the Governor or upon their 8
otherwise becoming a law. 9