Kentucky 2024 Regular Session

Kentucky House Bill HB798 Latest Draft

Bill / Introduced Version

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AN ACT relating to weapons on school property. 1 
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2 
Section 1.   KRS 527.070 is amended to read as follows: 3 
(1) A person is guilty of unlawful possession of a weapon on school property when he 4 
knowingly deposits, possesses, or carries, whether openly or concealed, for 5 
purposes other than instructional or school-sanctioned ceremonial purposes, or the 6 
purposes permitted in subsection (3) of this section, any firearm or other deadly 7 
weapon, knife with a blade longer than three (3) inches, destructive device, or 8 
booby trap device in any public or private school building or bus, on any public or 9 
private school campus, grounds, recreation area, athletic field, or any other property 10 
owned, used, or operated by any board of education, school, board of trustees, 11 
regents, or directors for the administration of any public or private educational 12 
institution. The provisions of this section shall not apply to institutions of 13 
postsecondary or higher education. 14 
(2) Each chief administrator of a public or private school shall display about the school 15 
in prominent locations, including, but not limited to, sports arenas, gymnasiums, 16 
stadiums, and cafeterias, a sign at least six (6) inches high and fourteen (14) inches 17 
wide stating: 18 
UNLAWFUL POSSESSION OF A WEAPON ON SCHOOL 19 
PROPERTY IN KENTUCKY IS A FELONY PUNISHABLE 20 
BY A MAXIMUM OF FIVE (5) YEARS IN PRISON AND A 21 
TEN THOUSAND DOLLAR ($10,000) FINE. 22 
 Failure to post the sign shall not relieve any person of liability under this section. 23 
(3) The provisions of this section prohibiting the unlawful possession of a weapon on 24 
school property shall not apply to: 25 
(a) An adult who is not a pupil of any secondary school and who possesses a 26 
firearm, if the firearm is contained within a vehicle operated by the adult and 27  UNOFFICIAL COPY  	24 RS BR 2280 
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is not removed from the vehicle, except for a purpose permitted herein, or 1 
brandished by the adult, or by any other person acting with expressed or 2 
implied consent of the adult, while the vehicle is on school property; 3 
(b) Any pupils who are members of the reserve officers training corps or pupils 4 
enrolled in a course of instruction or members of a school club or team, to the 5 
extent they are required to carry arms or weapons in the discharge of their 6 
official class or team duties; 7 
(c) Any peace officer or police officer authorized to carry a concealed weapon 8 
pursuant to KRS 527.020; 9 
(d) Persons employed by the Armed Forces of the United States or members of 10 
the National Guard or militia when required in the discharge of their official 11 
duties to carry arms or weapons; 12 
(e) Civil officers of the United States in the discharge of their official duties. 13 
Nothing in this section shall be construed as to allow any person to carry a 14 
concealed weapon into a public or private elementary or secondary school 15 
building; 16 
(f) Any other persons, including, but not limited to, exhibitors of historical 17 
displays, who have been authorized to carry a firearm by the board of 18 
education or board of trustees of the public or private institution; 19 
(g) A person hunting during the lawful hunting season on lands owned by any 20 
public or private educational institution and designated as open to hunting by 21 
the board of education or board of trustees of the educational institution; 22 
(h) A person possessing unloaded hunting weapons while traversing the grounds 23 
of any public or private educational institution for the purpose of gaining 24 
access to public or private lands open to hunting with the intent to hunt on the 25 
public or private lands, unless the lands of the educational institution are 26 
posted prohibiting the entry; or 27  UNOFFICIAL COPY  	24 RS BR 2280 
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(i) A person possessing guns or knives when conducting or attending a "gun and 1 
knife show" when the program has been approved by the board of education 2 
or board of trustees of the educational institution. 3 
(4) Unlawful possession of a weapon on school property is a Class D felony. 4