UNOFFICIAL COPY 25 RS BR 1185
Page 1 of 9
XXXX 1/31/2025 9:07 AM Jacketed
AN ACT relating to firearms possession by domestic abusers. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 527.010 is amended to read as follows: 3
The following definitions apply in this chapter unless the context otherwise requires: 4
(1) "Booby trap device" has[shall have] the same meaning as [set forth ]in KRS 5
237.030;[.] 6
(2) "Deface" means to remove, damage[ deface], cover, alter, or destroy the 7
manufacturer's serial number or any other distinguishing number or identification 8
mark;[.] 9
(3) "Destructive device" has[shall have] the same meaning as [set forth ]in KRS 10
237.030;[.] 11
(4) "Domestic abuse offense" means a conviction under KRS 403.763, or 456.180 or 12
any crime that has as an element the use, attempted use, or threatened use of: 13
(a) Physical force; 14
(b) A deadly weapon; or 15
(c) A dangerous instrument; 16
if the relationship between the perpetrator and the victim is that of family 17
members, members of an unmarried couple as defined in KRS 403.720, or 18
members of a dating relationship as defined in KRS 456.010; 19
(5) "Domestic violence protective order" means an order issued: 20
(a) After a hearing of which the subject of the order received actual notice and 21
had the opportunity to participate; and 22
(b) Under: 23
1. Section 4 of this Act, which that restrains the adverse party from 24
committing acts of domestic violence and abuse, including a foreign 25
protective order as defined in KRS 403.720, if the relationship between 26
the subject of the order and the protected individual is that of family 27 UNOFFICIAL COPY 25 RS BR 1185
Page 2 of 9
XXXX 1/31/2025 9:07 AM Jacketed
members or members of an unmarried couple; or 1
2. Section 5 of this Act, which restrains the adverse party from 2
committing acts of dating violence and abuse, including a foreign 3
protective order as defined in KRS 456.010, if the relationship between 4
the subject of the order and the protected individual is that of members 5
of a dating relationship; 6
(6) "Firearm" means any weapon which will expel a projectile by the action of an 7
explosive;[.] 8
(7)[(5)] "Handgun" means any pistol or revolver originally designed to be fired by the 9
use of a single hand, or any other firearm originally designed to be fired by the use 10
of a single hand; and 11
(8) "Physical force" means force used upon or directed toward the body of another 12
person. 13
SECTION 2. A NEW SECTION OF KRS CHAPTER 527 IS CREATED TO 14
READ AS FOLLOWS: 15
(1) A person is guilty of possession of a firearm by a convicted domestic abuser when 16
the person: 17
(a) Wantonly possesses, purchases, manufactures, or transports a firearm; and 18
(b) Has been convicted of a domestic abuse offense in any state or federal 19
court. 20
(2) A person is guilty of possession of a firearm by the subject of a domestic violence 21
protective order when the person: 22
(a) Wantonly possesses, purchases, manufactures, or transports a firearm; and 23
(b) Is currently subject to a domestic violence protective order. 24
(3) Possession of a firearm by a convicted domestic abuser or the subject of a 25
domestic violence protective order is a Class C felony. 26
(4) Notwithstanding the exceptions contained in KRS 527.100, this section shall 27 UNOFFICIAL COPY 25 RS BR 1185
Page 3 of 9
XXXX 1/31/2025 9:07 AM Jacketed
apply to any youthful offender who is convicted of a domestic abuse offense. 1
SECTION 3. A NEW SECTION OF KRS CHAPTER 527 IS CREATED TO 2
READ AS FOLLOWS: 3
(1) Upon every conviction for a domestic abuse offense and upon the issuance of 4
every domestic violence protective order, the trial court or issuing court, as 5
applicable, shall inform the offender or adverse party of the firearm prohibition 6
in Section 2 of this Act and of the transfer requirements in this section. 7
(2) Within twenty-four (24) hours after being informed of the firearm prohibition, a 8
person convicted of a domestic abuse offense or restrained by a domestic violence 9
protective order shall transfer all firearms he or she owns or possesses to: 10
(a) The chief law enforcement officer of the city, county, urban-county 11
government, charter county government, consolidated local government, or 12
unified local government in which the person resides; or 13
(b) The sheriff of the county in which the person resides. 14
(3) Any chief law enforcement officer or sheriff accepting the transfer of firearms 15
under this section shall issue a proof of transfer to the transferring person. The 16
Administrative Office of the Courts shall develop a proof of transfer form, which 17
shall include, at a minimum: 18
(a) The name of the person transferring the firearm or firearms; 19
(b) The name of the owner of each firearm; 20
(c) The date of transfer; and 21
(d) The serial number, make, and model of each transferred firearm. 22
(4) (a) Within three (3) business days after being informed of the firearm 23
prohibition, a person convicted of a domestic abuse offense or restrained by 24
a domestic violence protective order shall either: 25
1. File a copy of the proof of transfer with the court that entered the 26
conviction or entered the order, as applicable, and attest that all 27 UNOFFICIAL COPY 25 RS BR 1185
Page 4 of 9
XXXX 1/31/2025 9:07 AM Jacketed
firearms owned or possessed by the person have been transferred in 1
accordance with this section and that the person does not own or 2
possess any other firearms; or 3
2. Attest to the court that entered the conviction or entered the order, as 4
applicable, that the person does not currently own or possess any 5
firearms and did not own or possess any firearms at the time of the 6
prohibiting conviction or order. 7
(b) The court that entered the conviction or issued the order, as applicable, 8
shall confirm whether the prohibited person timely complied with the terms 9
of this subsection. Failure to comply shall constitute contempt of court in 10
addition to any penalties under subsection (8) of this section. 11
(5) If, upon motion of the prosecutor or a law enforcement officer, the court that 12
entered the conviction or issued the order, as applicable, finds probable cause to 13
believe that a person convicted of a domestic abuse offense or restrained by a 14
domestic violence protective order has failed to transfer any firearms in 15
accordance with this section, the court may order a search for and the removal of 16
all firearms at any location where the judge has probable cause to believe these 17
firearms are located. The judge shall state with specificity the reasons for and the 18
scope of the search and seizure authorized by the order. Proof of transfer as 19
required under subsection (3) of this section shall be issued for any firearms 20
seized under this subsection. 21
(6) A person convicted of a domestic abuse offense who transfers a firearm to a chief 22
law enforcement officer or sheriff under this section may, within thirty (30) days 23
after transferring the firearm, request to make a one (1) time transfer to a 24
licensed dealer. After the thirty (30) day period, if a person convicted of a 25
domestic abuse offense has not made such a request, a chief law enforcement 26
officer or sheriff may dispose of any firearm transferred by the person in 27 UNOFFICIAL COPY 25 RS BR 1185
Page 5 of 9
XXXX 1/31/2025 9:07 AM Jacketed
accordance with KRS 500.090. 1
(7) At the expiration of a domestic violence protective order, a chief law enforcement 2
officer or sheriff shall, at the convicted or restrained person’s request, return any 3
firearms transferred pursuant to subsection (2) of this section. Prior to returning 4
any firearms, the chief law enforcement officer or sheriff shall determine whether 5
or not the person is eligible to possess a firearm under state and federal law. If 6
the person is ineligible to possess a firearm under state or federal law, the law 7
enforcement agency shall: 8
(a) Inform the person that a thirty (30) day window for transferring the firearm 9
is available as provided in subsection (6) of this section; and 10
(b) After thirty (30) days have passed, dispose of the firearm in accordance with 11
KRS 500.090. 12
(8) A person convicted of a domestic abuse offense or restrained by a domestic 13
violence protective order who does not comply with the terms of this section is 14
guilty of a Class A misdemeanor. 15
Section 4. KRS 403.740 is amended to read as follows: 16
(1) Following a hearing ordered under KRS 403.730, if a court finds by a 17
preponderance of the evidence that domestic violence and abuse has occurred and 18
may again occur, the court may issue a domestic violence order: 19
(a) Restraining the adverse party from: 20
1. Committing further acts of domestic violence and abuse; 21
2. Any unauthorized contact or communication with the petitioner or other 22
person specified by the court; 23
3. Approaching the petitioner or other person specified by the court within 24
a distance specified in the order, not to exceed five hundred (500) feet; 25
4. Going to or within a specified distance of a specifically described 26
residence, school, or place of employment or area where such a place is 27 UNOFFICIAL COPY 25 RS BR 1185
Page 6 of 9
XXXX 1/31/2025 9:07 AM Jacketed
located; and 1
5. Disposing of or damaging any of the property of the parties; 2
(b) Authorizing, at the request of the petitioner: 3
1. Limited contact or communication between the parties that the court 4
finds necessary; or 5
2. The parties to remain in a common area, which may necessitate them 6
being closer than five hundred (500) feet under limited circumstances 7
with specific parameters set forth by the court. 8
Nothing in this paragraph shall be interpreted to place any restriction or 9
restraint on the petitioner; 10
(c) Directing or prohibiting any other actions that the court believes will be of 11
assistance in eliminating future acts of domestic violence and abuse, except 12
that the court shall not order the petitioner to take any affirmative action; 13
(d) Directing that either or both of the parties receive counseling services 14
available in the community in domestic violence and abuse cases; and 15
(e) Additionally, if applicable: 16
1. Directing the adverse party to vacate a residence shared by the parties to 17
the action; 18
2. Utilizing the criteria set forth in KRS 403.270, 403.320, and 403.822, 19
grant temporary custody, subject to KRS 403.315; 20
3. Utilizing the criteria set forth in KRS 403.211, 403.212, 403.2122, and 21
403.213, award temporary child support; and 22
4. Awarding possession of any shared domestic animal to the petitioner. 23
(2) In imposing a location restriction described in subsection (1)(a)4. of this section, the 24
court shall: 25
(a) Afford the petitioner and respondent, if present, an opportunity to testify on 26
the issue of the locations and areas from which the respondent should or 27 UNOFFICIAL COPY 25 RS BR 1185
Page 7 of 9
XXXX 1/31/2025 9:07 AM Jacketed
should not be excluded; 1
(b) Only impose a location restriction where there is a specific, demonstrable 2
danger to the petitioner or other person protected by the order; 3
(c) Specifically describe in the order the locations or areas prohibited to the 4
respondent; and 5
(d) Consider structuring a restriction so as to allow the respondent transit through 6
an area if the respondent does not interrupt his or her travel to harass, harm, or 7
attempt to harass or harm the petitioner. 8
(3) When temporary child support is granted under this section, the court shall enter an 9
order detailing how the child support is to be paid and collected. Child support 10
ordered under this section may be enforced utilizing the same procedures as any 11
other child support order. 12
(4) When a domestic violence order serves to prohibit the adverse party from 13
possessing a firearm under Section 2 of this Act, the court shall inform the 14
adverse party of the firearm possession prohibition and the firearm transfer 15
requirements under Section 3 of this Act. 16
(5) A domestic violence order shall be effective for a period of time fixed by the court, 17
not to exceed three (3) years, and may be reissued upon expiration for subsequent 18
periods of up to three (3) years each. The fact that an order has not been violated 19
since its issuance may be considered by a court in hearing a request for a reissuance 20
of the order. 21
Section 5. KRS 456.060 is amended to read as follows: 22
(1) Following a hearing ordered under KRS 456.040, if a court finds by a 23
preponderance of the evidence that dating violence and abuse, sexual assault, or 24
stalking has occurred and may again occur, the court may issue an interpersonal 25
protective order: 26
(a) Restraining the adverse party from: 27 UNOFFICIAL COPY 25 RS BR 1185
Page 8 of 9
XXXX 1/31/2025 9:07 AM Jacketed
1. Committing further acts of dating violence and abuse, stalking, or sexual 1
assault; 2
2. Any unauthorized contact or communication with the petitioner or other 3
person specified by the court; 4
3. Approaching the petitioner or other person specified by the court within 5
a distance specified in the order, not to exceed five hundred (500) feet; 6
4. Going to or within a specified distance of a specifically described 7
residence, school, or place of employment or area where such a place is 8
located; and 9
5. Disposing of or damaging any of the property of the parties; 10
(b) Authorizing, at the request of the petitioner: 11
1. Limited contact or communication between the parties that the court 12
finds necessary; or 13
2. The parties to remain in a common area, which may necessitate them 14
being closer than five hundred (500) feet under limited circumstances 15
with specific parameters set forth by the court. 16
Nothing in this paragraph shall be interpreted to place any restriction or 17
restraint on the petitioner; 18
(c) Directing or prohibiting any other actions that the court believes will be of 19
assistance in eliminating future acts of dating violence and abuse, stalking, or 20
sexual assault, except that the court shall not order the petitioner to take any 21
affirmative action; 22
(d) Directing that either or both of the parties receive counseling services 23
available in the community in dating violence and abuse cases; and 24
(e) Awarding possession of any shared domestic animal to the petitioner. 25
(2) In imposing a location restriction described in subsection (1)(a)4. of this section, the 26
court shall: 27 UNOFFICIAL COPY 25 RS BR 1185
Page 9 of 9
XXXX 1/31/2025 9:07 AM Jacketed
(a) Afford the petitioner and respondent, if present, an opportunity to testify on 1
the issue of the locations and areas from which the respondent should or 2
should not be excluded; 3
(b) Only impose a location restriction where there is a specific, demonstrable 4
danger to the petitioner or other person protected by the order; 5
(c) Specifically describe in the order the locations or areas prohibited to the 6
respondent; and 7
(d) Consider structuring a restriction so as to allow the respondent transit through 8
an area if the respondent does not interrupt his or her travel to harass, harm, or 9
attempt to harass or harm the petitioner. 10
(3) When an interpersonal protection order serves to prohibit the adverse party from 11
possessing a firearm under Section 2 of this Act, the court shall inform the 12
adverse party of the firearm possession prohibition and the firearm transfer 13
requirements under Section 3 of this Act. 14
(4) An interpersonal protective order shall be effective for a period of time fixed by the 15
court, not to exceed three (3) years, and may be reissued upon expiration for 16
subsequent periods of up to three (3) years each. The fact that an order has not been 17
violated since its issuance may be considered by a court in hearing a request for a 18
reissuance of the order. 19