AN ACT relating to firearms and declaring an emergency.

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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 a: 6
1. 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
nontrigger 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. 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
nontrigger 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. Semiautomatic pistol that has an ability to accept a detachable 26
magazine and has at least one (1) of the following characteristics: 27
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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
nontrigger 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 nontrigger hand without being burned; or 10
f. A manufactured weight of fifty (50) ounces or more when the 11
pistol is unloaded; 12
4. Semiautomatic version of an automatic rifle, shotgun, or firearm; or 13
5. 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 attache d tubular device designed to accept, and capable of operating 27
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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, lic ensed 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
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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 chec k, 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
SECTION 3. A NEW SECTION OF KRS CHAPTER 237 IS CREATED TO 17
READ AS FOLLOWS: 18
(1) (a) Any owner or other person lawfully in possession of a firearm who suffers 19
the loss or theft of th e firearm or any seller of ammunition who suffers a 20
loss or theft of ammunition shall report the facts and circumstances of the 21
loss or theft to an appropriate law enforcement agency within twenty -four 22
(24) hours of the discovery of the loss or theft. 23
(b) The report required by paragraph (a) of this subsection shall contain, if 24
known, the caliber, make, model, manufacturer’s name and serial number, 25
if any, and any other distinguishing number or identification mark on the 26
firearm, or the make, type, and caliber of the ammunition. 27
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(2) A law enforcement agency that receives a report pursuant to subsection (1) of this 1
section shall enter the reported information into the National Crime Information 2
Center database. 3
SECTION 4. A NEW SECTION OF KRS CHAPTER 237 IS CREATED TO 4
READ AS FOLLOWS: 5
(1) As used in this section, "safe storage depository": 6
(a) Means a safe or other secure container which, when locked, cannot be 7
opened without the key, combination, or other unlocking mechanis m and 8
can prevent an unauthorized person from obtaining access to and 9
possession of its contents; and 10
(b) Does not include the glove compartment of a motor vehicle unless the glove 11
compartment can be manually locked. 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 gu n-locking device appropriate 16
to that weapon. 17
SECTION 5. A NEW SECTION OF KRS CHAPTER 237 IS CREATED TO 18
READ AS FOLLOWS: 19
(1) (a) The Department of Kentucky State Police shall promulgate an 20
administrative regulation in acc ordance with KRS Chapter 13A for the 21
licensure of persons to possess a handgun in the Commonwealth of 22
Kentucky. The administrative regulation shall prohibit the possession of a 23
handgun by a person in the Commonwealth unless the person holds a 24
license or falls within an exemption that the Department of Kentucky State 25
Police may create in the administrative regulation. The license shall be 26
available to persons who are at least twenty -one (21) years old or have been 27
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honorably discharged from the Armed Forces o f the United States, meet the 1
eligibility criteria established by the department, and are not otherwise 2
prohibited by state or federal law from possessing a handgun. 3
(b) The Department of Kent ucky State Police may establish a fee for 4
applications for a license sufficient to cover the costs of administering the 5
program. 6
(c) Licenses issued under this subsection shall be effective for no longer than 7
five (5) years. 8
(d) Persons receiving a license under this subsection shall be given the option 9
of whether the license shall be public or private. If the license is private, the 10
record shall be available to all state law enforcement agencies but shall not 11
be a public record under the Kentucky Open Reco rds Act, KRS 61.870 to 12
61.884. 13
(2) (a) The Department of Kentucky State Police shall promulgate an 14
administrative regulation in accordance with KRS Chapter 13A for the 15
registration of handguns in the Commonwealth of Kentucky. The 16
administrative regulation shall prohibit the possession of an unregistered 17
handgun by a person in the Commonwealth unless the handgun falls within 18
an exemption that the Department of Kentucky State Police may create in 19
the administrative regulation. 20
(b) The administrative regulatio n shall require that the handgun's registration 21
information be updated upon any transfer of ownership of the handgun. 22
(c) The Department of Kentucky State Police may establish a fee for 23
applications for a license sufficient to cover the costs of administer ing the 24
program. 25
(d) Persons registering a handgun under this subsection shall be given the 26
option of deciding whether the registration shall be public or private. If the 27
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registration is private, the record shall not be a public record under the 1
Kentucky Open Records Act, KRS 61.870 to 61.884. 2
(3) (a) The Department of Kentucky State Police shall promulgate an 3
administrative regulation in accordance with KRS Chapter 13A for the 4
licensure of persons to possess an assault weapon or a large capacity 5
ammunition feeding device in the Commonwealth of Kentucky. The 6
administrative regulation shall prohibit the possession of an assault weapon 7
or a large capacity ammunition feeding device by a person in the 8
Commonwealth unless the person holds a license or falls withi n an 9
exemption that the Department of Kentucky State Police may create in the 10
administrative regulation. The license shall be available to persons who are 11
at least twenty -one (21) years old or have been honorably discharged from 12
the Armed Forces of the Uni ted States, meet the eligibility criteria 13
established by the department, and are not otherwise prohibited by state or 14
federal law from possessing an assault weapon or a large capacity 15
ammunition feeding device. 16
(b) The Department of Kentucky State Police m ay establish a fee for 17
applications for a license sufficient to cover the costs of administering the 18
program. 19
(c) Licenses issued under this subsection shall be effective for no longer than 20
five (5) years. 21
(d) Persons receiving a license under this subsect ion shall be given the option 22
of deciding whether the license shall be public or private. If the license is 23
private, the record shall not be a public record under the Kentucky Open 24
Records Act, KRS 61.870 to 61.884. 25
(4) (a) The Department of Kentucky State Police shall promulgate an 26
administrative regulation in accordance with KRS Chapter 13A for the 27
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registration of assault weapons and large capacity ammunition feeding 1
devices in the Commonwealth of Kentucky. The administrative regulation 2
shall prohibit the possession of an unregistered assault weapon or a large 3
capacity ammunition feeding device by a person in Kentucky unless the 4
assault weapon or large capacity ammunition feeding device falls within an 5
exemption that the Department of Kentucky State Police may create in the 6
administrative regulation. 7
(b) The administrative regulation shall require that the assault weapon or large 8
capacity ammunition feeding device registration information be updated 9
upon any transfer of ownership of the assault weapon or la rge capacity 10
ammunition feeding device. 11
(c) The Department of Kentucky State Police may establish a fee for 12
applications for a license sufficient to cover the costs of administering the 13
program. 14
(d) Persons registering an assault weapon or large capacity a mmunition 15
feeding device under this subsection shall be given the option of deciding 16
whether the registration shall be public or private. If the registration is 17
private, the record shall not be a public record under the Kentucky Open 18
Records Act, KRS 61.870 to 61.884. 19
(5) (a) The Department of Kentucky State Police shall promulgate an 20
administrative regulation in accordance with KRS Chapter 13A establishing 21
a sales log -keeping requirement for firearms dealers and sellers of 22
ammunition operating in the Commo nwealth that sell handguns, 23
ammunition for handguns, assault weapons, ammunition for assault 24
weapons, large capacity ammunition feeding devices, or ammunition for 25
large capacity ammunition feeding devices. 26
(b) The administrative regulation may require the: 27
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1. Log be kept in electronic format and transmitted to the department at 1
regular intervals; and 2
2. Department of Kentucky State Police or the dealer or seller to require 3
the purchaser to produce a government -issued photo identification, 4
which the dealer or seller shall record in the log. 5
(c) By July 1, 2027, the log shall be required to operate in real time and shall 6
query the records of the department prior to the completion of a sale, 7
including sales, exchanges, or transfers pursuant to Section 2 of this Act, to 8
determine whether the purchaser has a current, valid license to possess that 9
type of firearm or a license for the type of firearm for which the 10
ammunition is being purchased. 11
(d) Records kept in the sales log shall be open to inspection by any peace officer 12
acting on official business. 13
SECTION 6. A NEW SECTION OF KRS CHAPTER 527 IS CREATED TO 14
READ AS FOLLOWS: 15
(1) A person is guilty of criminal purchase or transfer of a weapon when knowing 16
that: 17
(a) He or she is p rohibited by law from possessing a firearm because of a prior 18
criminal conviction or is otherwise ineligible to lawfully possess a firearm 19
under state or federal law, the person purchases a firearm from another 20
person; 21
(b) It is unlawful for another person to possess a firearm, he or she purchases a 22
firearm for, on behalf of, or for the use of that other person; or 23
(c) Another person is prohibited by law from possessing a firearm because of a 24
prior criminal conviction or is otherwise ineligible to lawfully possess a 25
firearm under state or federal law, he or she transfers a firearm to that 26
other person. 27
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(2) Criminal purchase or transfer of a weapon is a Class D felony. 1
Section 7. KRS 237.990 is amended to read as follows: 2
(1) Any person who: 3
(a) Violates any of the provisions of KRS 237.030 to 237.050; or 4
(b) Possesses an assault weapon or a large capacity ammunition feeding device 5
in violation of the administrative regulations promulgated un der Section 5 6
of this Act; 7
shall be guilty of a Class D felony. 8
(2) Any person who violates any of the provisions of KRS 237.030 to 237.050, and in 9
so doing uses any destructive device or booby trap device to avoid detection by law 10
enforcement or other go vernment personnel or to avoid theft or detection by any 11
other person, of any controlled substance as set forth in KRS Chapter 218A and 12
held in violation of KRS 218A.140, shall be guilty of a Class C felony. 13
(3) Any person who: 14
(a) Violates subsection (1) of Section 3 of this Act; 15
(b) Violates Section 4 of this Act; 16
(c) Knowingly violates Section 2 of this Act; or 17
(d) Possesses a handgun in violation of the administrative regulations 18
promulgated under Section 5 of this Act; 19
shall be guilty of a Class A misdemeanor. 20
(4) Any firearms dealer or seller of ammunition who violates the administrative 21
regulations promulgated under subsection (5) of Section 5 of this Act shall be 22
guilty of a Class B misdemeanor. 23
Section 8. KRS 395.250 is amended to read as follows: 24
[It shall be the duty of ] A personal representative of a decedent shall[to] return an 25
inventory in duplicate within two (2) months from the time of qualifying as the personal 26
representative[such], to the clerk 's office of the court in which he or she qualified, the 27
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original of which shall be recorded by the clerk and the duplicate shall be mailed by the 1
clerk to the commissioner[secretary] of the Department of Revenue. The inventory shall 2
include a particulariz ed description of every firearm that is part of the estate, and if a 3
firearm is included, a copy of the inventory shall be provided by the clerk to the 4
Department of Kentucky State Police. Copies from the record of the inventory or 5
appraisement shall be pr ima facie evidence for or against the personal [such] 6
representative. 7
Section 9. KRS 403.735 is amended to read as follows: 8
(1) Prior to or at a hearing on a petition for an order of protection: 9
(a) The court may obtain the respondent's Kentucky criminal and protective order 10
history and utilize that information to assess what relief and which sanctions 11
may protect against danger to the petitioner or other person for whom 12
protection is being sought, with the information so obtained being provided to 13
the parties in accordance with the Kentucky Rules of Civil Procedure; and 14
(b) If the petitioner or respondent is a minor, the court shall inquire whether the 15
parties attend school in the same school system to assist the court in imposing 16
conditions in the order that have the least disruption in the administration of 17
education to the parties while providing appropriate protection to the 18
petitioner. 19
(2) (a) If the adverse party is not present at the hearing ordered pursuant to KRS 20
403.730 and has not been served, a previously issued emergency protective 21
order shall remain in place, and the court shall direct the issuance of a new 22
summons for a hearing set not more than fourteen (14) days in the future. If 23
service has not been made on the adverse party before that hearing or a 24
subsequent hearing, the emergency protective order shall remain in place, and 25
the court shall continue the hearing and issue a new summons with a new date 26
and time for the hearing to occur, which shall be within fourteen (14) days of 27
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the originally scheduled date for the continued hearing. The court shall repeat 1
the process of continuing the hearing and reissuing a new summons until the 2
adverse party is served in advance of the scheduled hearing. If service has no t 3
been made on the respondent at least seventy -two (72) hours prior to the 4
scheduled hearing, the court may continue the hearing no more than fourteen 5
(14) days in the future. In issuing the summons, the court shall simultaneously 6
transmit a copy of the summons or notice of its issuance and provisions to the 7
petitioner. Upon the request of the petitioner, the court may excuse the 8
petitioner from future court appearances until the respondent has been served. 9
(b) The provisions of this section permitting the continuance of an emergency 10
protective order shall be limited to six (6) months from the issuance of the 11
emergency protective order. If the respondent has not been served within that 12
period, the order shall be rescinded without prejudice. Prior to the expi ration 13
of the emergency protective order, the court shall provide notice to the 14
petitioner stating that, if the petitioner does not file a new petition, the order 15
shall be rescinded without prejudice. 16
(c) In issuing an order of protection or in considering any requested 17
modifications to or violations of an existing order of protection, the court 18
shall make a determination of whether there is a substantial risk that the 19
respondent may use or threaten to use a firearm unlawfully against the 20
person for whose p rotection the order of protection is issued. If the court 21
finds that a substantial risk exists, the court shall order that the respondent 22
be prohibited from possessing a firearm and shall order him or her to 23
surrender any firearms owned or possessed by the respondent to the sheriff 24
of the county where the firearm is located. The sheriff shall impound the 25
weapon until the: 26
1. Prohibition is lifted; 27
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2. Order expires; or 1
3. Respondent directs the transfer of the weapon to a person lawfully 2
allowed to possess the firearm. 3
(d) Upon the surrender of all firearms by the respondent in compliance with the 4
court's order under paragraph (c) of this subsection, the sheriff taking 5
possession of the firearms shall issue a receipt identifying the firearms that 6
have been surrendered and provide a copy of the receipt to the respondent. 7
The sheriff shall file the original receipt with the court and shall ensure that 8
the sheriff's office retains a copy of the receipt. 9
Section 10. KRS 456.050 is amended to read as follows: 10
(1) Prior to or at a hearing on a petition for an interpersonal protective order: 11
(a) The court may obtain the respondent's Kentucky criminal and protective order 12
history and utilize that information to assess what relief and which sanctions 13
may protect against danger to the petitioner or other person for whom 14
protection is being sought, with the information so obtained being provided to 15
the parties in accordance with the Kentucky Rules of Civil Procedure; and 16
(b) If the petitioner or respondent is a minor, the court shall inquire whether the 17
parties attend school in the same school system to assist the court in imposing 18
conditions in the ord er that have the least disruption in the administration of 19
education to the parties while providing appropriate protection to the 20
petitioner. 21
(2) (a) If the adverse party is not present at the hearing ordered pursuant to KRS 22
456.040 and has not been served , a previously issued temporary interpersonal 23
protective order shall remain in place, and the court shall direct the issuance 24
of a new summons for a hearing set not more than fourteen (14) days in the 25
future. If service has not been made on the adverse par ty before that hearing 26
or a subsequent hearing, the temporary interpersonal protective order shall 27
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remain in place, and the court shall continue the hearing and issue a new 1
summons with a new date and time for the hearing to occur, which shall be 2
within fourteen (14) days of the originally scheduled date for the continued 3
hearing. The court shall repeat the process of continuing the hearing and 4
reissuing a new summons until the adverse party is served in advance of the 5
scheduled hearing. If service has not been made on the respondent at least 6
seventy-two (72) hours prior to the scheduled hearing, the court may continue 7
the hearing no more than fourteen (14) days in the future. In issuing the 8
summons, the court shall simultaneously transmit a copy of the summ ons or 9
notice of its issuance and provisions to the petitioner. Upon the request of the 10
petitioner, the court may excuse the petitioner from future court appearances 11
until the respondent has been served. 12
(b) The provisions of this section permitting the co ntinuance of an interpersonal 13
protective order shall be limited to six (6) months from the issuance of the 14
temporary interpersonal protective order. If the respondent has not been 15
served within that period, the order shall be rescinded without prejudice. P rior 16
to the expiration of the temporary interpersonal protective order, the court 17
shall provide notice to the petitioner stating that, if the petitioner does not file 18
a new petition, the order shall be rescinded without prejudice. 19
(c) In issuing an interpersonal protective order or in considering any requested 20
modifications to or violations of an existing interpersonal protective order, 21
the court shall make a determination of whether there is a substantial risk 22
that the respondent may use or threaten to use a firearm unlawfully against 23
the person for whose protection the interpersonal protective order is issued. 24
If the court finds that a substantial risk exists, the court shall order that the 25
respondent be prohibited from possessing a firearm and shall order him or 26
her to surrender any firearms owned or possessed by the respondent to the 27
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sheriff of the county where the firearm is located. The sheriff shall impound 1
the weapon until the: 2
1. Prohibition is lifted; 3
2. Order expires; or 4
3. Respondent directs the t ransfer of the weapon to a person lawfully 5
allowed to possess the firearm. 6
(d) Upon the surrender of all firearms by the respondent in compliance with the 7
court's order under paragraph (c) of this subsection, the sheriff taking 8
possession of the firearms s hall issue a receipt identifying the firearms that 9
have been surrendered and provide a copy of the receipt to the respondent. 10
The sheriff shall file the original receipt with the court and shall ensure that 11
the sheriff's office retains a copy of the receipt. 12
Section 11. KRS 504.030 is amended to read as follows: 13
(1) When a defendant is found not guilty by reason of insanity, the court shall: 14
(a) Conduct an involuntary hospitalization proceeding under KRS Chapter 202A 15
or 202B; and 16
(b) Order in open court that the defendant be prohibited from possessing a 17
firearm and shall also order him or her to surrender any firearms owned or 18
possessed by the defendant to the sheriff of the county where the firearm is 19
located. The sheriff shall impound the weapon until the: 20
1. Order expires or is lifted; 21
2. Conviction is altered, amended, or vacated; 22
3. Defendant is granted a pardon; or 23
4. Respondent directs the transfer of the weapon to a person lawfully 24
allowed to possess the firearm. 25
Upon the surrender of all firearms by the defendant in compliance with the 26
court's order under this paragraph, the sheriff taking possession of the 27
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firearms shall issue a receipt identifying the firearms that have been 1
surrendered and provide a copy of the receipt to the defendant. The sheriff 2
shall file the original receipt with the court and shall ensure that the 3
sheriff's office retains a copy of the receipt. 4
(2) To facilitate the procedure established in subsection (1) (a) of this section, the court 5
may order the detention of the defendant for a period of ten (10) days to allow for 6
proceedings to be initiated against the defendant for examination and possible 7
detention pursuant to the provisions of KRS Chapter 202A or 202B. 8
Section 12. KRS 237.104 is amended to read as follows: 9
(1) A[No] person, unit of government, or governmental organization shall not, during a 10
period of disaster or emergency as specified in KRS Chapter 39A or at any other 11
time, have the right to revoke, suspend, limit the use of, or otherwise impair the 12
validity of the right of any person to purchase, transfer, loan, own, possess, carry, or 13
use a firearm, firearm part, ammunition, ammunition component, or any deadly 14
weapon or dangerous instrument. 15
(2) A[No] person, unit of government, or governmental organization shall not, during a 16
period of disaster or emergency as specified in KRS C hapter 39A or at any other 17
time, take, seize, confiscate, or impound a firearm, firearm part, ammunition, 18
ammunition component, or any deadly weapon or dangerous instrument from any 19
person. 20
(3) [The provisions of ]This section shall not apply to the taking of an item specified in 21
subsection (1) or (2) of this section from a person who is: 22
(a) Forbidden to possess a firearm pursuant to KRS 527.040 or Section 5, 9, 10, 23
11, or 17 of this Act; 24
(b) Forbidden to possess a firearm pursuant to federal law; 25
(c) Violating KRS 527.020; 26
(d) In possession of a stolen firearm; 27
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(e) Using a firearm in the commission of a separate criminal offense; or 1
(f) Using a firearm or other weapon in the commission of an offense under KRS 2
Chapter 150. 3
Section 13. KRS 506.080 is amended to read as follows: 4
(1) A person is guilty of criminal facilitation when, acting with knowledge that another 5
person is committing or intends to commit a crime, he or she engages in conduct 6
which knowingly provides such person with means or opportunity for the 7
commission of the crime and which in fact aids such person to commit the crime , 8
including making available, selling, exchanging, giving, or disposing of a 9
firearm. 10
(2) Criminal facilitation is a: 11
(a) Class D felon y when the crime facilitated is a Class A or Class B felony or 12
capital offense; 13
(b) Class A misdemeanor when the crime facilitated is a Class C or Class D 14
felony; 15
(c) Class B misdemeanor when the crime facilitated is a misdemeanor. 16
Section 14. KRS 508.020 is amended to read as follows: 17
(1) A person is guilty of assault in the second degree when he or she: 18
(a) Intentionally[He intentionally] causes serious physical injury to another 19
person;[ or ] 20
(b) Intentionally[He i ntentionally] causes physical injury to another person by 21
means of a deadly weapon or a dangerous instrument;[ or] 22
(c) Wantonly[He wantonly] causes serious physical injury to another person by 23
means of a deadly weapon or a dangerous instrument; or 24
(d) Wantonly causes physical injury to a minor by intentionally discharging a 25
firearm. 26
(2) Assault in the second degree is a Class C felony. 27
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Section 15. KRS 527.040 is amended to read as follows: 1
(1) A person is guilty of pos session of a firearm by a convicted felon when he or she 2
possesses, manufactures, or transports a firearm when he or she has been convicted 3
of a felony, as defined by the laws of the jurisdiction in which he or she was 4
convicted, in any state or federal court and has not: 5
(a) Been granted a full pardon by the Governor or by the President of the United 6
States; or 7
(b) Been granted relief by the Attorney General of the United States[ Secretary of 8
the Treasury] pursuant to the [ Federal] Gun Control Act of 1968, 18 U.S.C. 9
sec. 921 et seq., as amended. 10
(2) (a) Possession of a firearm by a convicted felon is a Class D felony unless the 11
firearm possessed is a handgun in which case it is a Class C felony. 12
(b) If a felon is convicted of a criminal offense other than possession of a firearm 13
by a convicted felon, and he or she possessed a firearm in commission of that 14
offense, then the felon shall be penalized for violating this section one (1) 15
class more severely if it is a second or subsequent violation of this section. 16
(c) Sentences for violation of this section shall be served consecutively to any 17
other felony sentence imposed on the offender. 18
(3) [The provisions of ]This section shall apply to any youthful offender convicted of a 19
felony offense under the laws of this Commo nwealth. The exceptions contained in 20
KRS 527.100 prohibiting possession of a handgun by a minor shall not apply to this 21
section. 22
(4) The provisions of this section with respect to handguns, shall apply only to persons 23
convicted after January 1, 1975, and w ith respect to other firearms, to persons 24
convicted after July 15, 1994. 25
Section 16. KRS 527.070 is amended to read as follows: 26
(1) A person is guilty of unlawful possession of a weapon on school property when he 27
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or she knowingly deposits, possesses, or carries, whether openly or concealed, for 1
purposes other than instructional or school -sanctioned ceremonial purposes, or the 2
purposes permitted in subsection (3) of this section, any firearm or other deadly 3
weapon, destructive device, or booby trap device in any postsecondary education 4
facility, public or private school building or bus, on any public or private school 5
campus, grounds, recreation area, athletic field, or any other property owned, used, 6
or operated by any institution of postsecondary education, board of education, 7
school, board of trustees, regents, or directors for the administration of any public 8
or private educational institution. [ The provisions of this section shall not apply to 9
institutions of postsecondary or higher education.] 10
(2) Each chief administrator of a public or private school shall display about the school 11
in prominent locations, including[,] but not limited to[,] sports arenas, gymnasiums, 12
stadiums, and cafeterias, a sign at least six (6) inch es high and fourteen (14) inches 13
wide stating: 14
UNLAWFUL POSSESSION OF A WEAPON ON SCHOOL 15
PROPERTY IN KENTUCKY IS A FELONY PUNISHABLE 16
BY A MAXIMUM OF FIVE (5) YEARS IN PRISON AND A 17
TEN THOUSAND DOLLAR ($10,000) FINE. 18
Failure to post the sign shall not relieve any person of liability under this section. 19
(3) The provisions of this section prohibiting the unlawful possession of a weapon on 20
school property shall not apply to: 21
(a) An adult who is not a pupil of any secondary school and who possesses a 22
firearm, if the firearm is contained within a vehicle operated by the adult and 23
is not removed from the vehicle, except for a purpose permitted herein, or 24
brandished by the adult, or by any other person acting with expressed or 25
implied consent of the adult, while the vehicle is on school property; 26
(b) Any pupils who are members of the reserve officers training corps or pupils 27
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enrolled in a course of instruction or members of a school club or team, to the 1
extent they are required to carry arms or weapons in the discha rge of their 2
official class or team duties; 3
(c) Any peace officer or police officer authorized to carry a concealed weapon 4
pursuant to KRS 527.020; 5
(d) Persons employed by the Armed Forces of the United States or members of 6
the National Guard or militia wh en required in the discharge of their official 7
duties to carry arms or weapons; 8
(e) Civil officers of the United States in the discharge of their official duties. 9
[Nothing in ] This section shall not be construed as to allow any person to 10
carry a concealed weapon into a public or private elementary or secondary 11
school building; 12
(f) Any other persons, including [,] but not limited to [,] exhibitors of historical 13
displays, who have been authorized to carry a firearm by the board of 14
education or board of trustees of the public or private institution; 15
(g) A person hunting during the lawful hunting season on lands owned by any 16
public or private educational institution and designated as open to hunting by 17
the board of education or board of trustees of the educational institution; 18
(h) A person possessing unloaded hunting weapons while traversing the grounds 19
of any public or private educational institution for the purpose of gaining 20
access to public or private lands open to hunting with the intent to hunt on the 21
public or private lands, unless the lands of the educational institution are 22
posted prohibiting the entry; or 23
(i) A person possessing guns or knives when conducting or attending a "gun and 24
knife show" when the program has been approved by the board of education 25
or board of trustees of the educational institution. 26
(4) Unlawful possession of a weapon on school property is a Class D felony. 27
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Section 17. KRS 532.030 is amended to read as follows: 1
(1) When a person is convicted of a c apital offense, he or she shall have his or her 2
punishment fixed at death, or at a term of imprisonment for life without benefit of 3
probation or parole, or at a term of imprisonment for life without benefit of 4
probation or parole until he or she has served a minimum of twenty-five (25) years 5
of his or her sentence, or to a sentence of life, or to a term of not less than twenty 6
(20) years nor more than fifty (50) years. 7
(2) When a person is convicted of a Class A felony, he or she shall have his 8
punishment fixed at imprisonment in accordance with KRS 532.060. 9
(3) When a person is convicted of an offense other than a capital offense or Class A 10
felony, he or she shall have his or her punishment fixed at: 11
(a) A term of imprisonment authorized by this chapter;[ or] 12
(b) A fine authorized by KRS Chapter 534; or 13
(c) Both imprisonment and a fine unless precluded by the provisions of KRS 14
Chapter 534. 15
(4) (a) When a person is convicted of any capital offense, felony offense, or offense 16
where the defendant is found guilty but mentally ill, the judge pronouncing 17
sentence shall order in open court that the defendant be prohibited from 18
possessing a firearm and shall order him or her to surrender any firearms 19
owned or posse ssed by the defendant to the sheriff of the county where the 20
firearm is located, who shall impound the weapon until the prohibition is 21
lifted, the conviction is altered, amended, or vacated, the defendant is 22
granted a pardon, or the respondent directs the transfer of the weapon to a 23
person lawfully allowed to possess the firearm. 24
(b) Upon the surrender of all firearms by the defendant in compliance with the 25
court's order under this subsection, the sheriff taking possession of the 26
firearms shall issue a rece ipt identifying the firearms that have been 27
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surrendered and provide a copy of the receipt to the defendant. The sheriff 1
shall file the original receipt with the court and shall ensure that the 2
sheriff's office retains a copy of the receipt. 3
(5) In all cases in which the death penalty may be authorized the judge shall instruct the 4
jury in accordance with subsection (1) of this section. The instructions shall state, 5
subject to the aggravating and mitigating limitations and requirements of KRS 6
532.025, that th e jury may recommend upon a conviction for a capital offense a 7
sentence of death, or at a term of imprisonment for life without benefit of probation 8
or parole, or a term of imprisonment for life without benefit of probation or parole 9
until the defendant ha s served a minimum of twenty -five (25) years of his or her 10
sentence, or a sentence of life, or to a term of not less than twenty (20) years nor 11
more than fifty (50) years. 12
Section 18. KRS 532.025 is amended to read as follows: 13
(1) (a) Upon conviction of a defendant in cases where the death penalty may be 14
imposed, a hearing shall be conducted. In such hearing, the judge shall hear 15
additional evidence in extenuation, mitigation, and aggravation of 16
punishment, including the record of any prior criminal convictions and pleas 17
of guilty or pleas of nolo contendere of the defendant, or the absence of any 18
prior conviction and pleas; provided, however, that only such evidence in 19
aggravation as the state has made known to the defend ant prior to his or her 20
trial shall be admissible. Subject to the Kentucky Rules of Evidence, juvenile 21
court records of adjudications of guilt of a child for an offense that would be a 22
felony if committed by an adult shall be admissible in court at any tim e the 23
child is tried as an adult, or after the child becomes an adult, at any 24
subsequent criminal trial relating to that same person. Juvenile court records 25
made available pursuant to this section may be used for impeachment 26
purposes during a criminal tria l and may be used during the sentencing phase 27
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of a criminal trial; however, the fact that a juvenile has been adjudicated 1
delinquent of an offense that would be a felony if the child had been an adult 2
shall not be used in finding the child to be a persiste nt felony offender based 3
upon that adjudication. Release of the child's treatment, medical, mental, or 4
psychological records is prohibited unless presented as evidence in Circuit 5
Court. Release of any records resulting from the child's prior abuse and 6
neglect under Title IV -E or IV -B of the Federal Social Security Act is also 7
prohibited. The judge shall also hear argument by the defendant or his or her 8
counsel and the prosecuting attorney, as provided by law, regarding the 9
punishment to be imposed. The pros ecuting attorney shall open and the 10
defendant shall conclude the argument. In cases in which the death penalty 11
may be imposed, the judge when sitting without a jury shall follow the 12
additional procedure provided in subsection (2) of this section. Upon the 13
conclusion of the evidence and arguments, the judge shall impose the sentence 14
or shall recess the trial for the purpose of taking the sentence within the limits 15
prescribed by law. If the trial court is reversed on appeal because of error only 16
in the presen tence hearing, the new trial which may be ordered shall apply 17
only to the issue of punishment. 18
(b) In all cases in which the death penalty may be imposed and which are tried by 19
a jury, upon a return of a verdict of guilty by the jury, the court shall resum e 20
the trial and conduct a presentence hearing before the jury. Such hearing shall 21
be conducted in the same manner as presentence hearings conducted before 22
the judge as provided in paragraph (a) of this subsection, including the record 23
of any prior criminal convictions and pleas of guilty or pleas of nolo 24
contendere of the defendant. Upon the conclusion of the evidence and 25
arguments, the judge shall give the jury appropriate instructions, and the jury 26
shall retire to determine whether any mitigating or aggra vating circumstances, 27
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as defined in subsection (2) of this section, exist and to recommend a sentence 1
for the defendant. Upon the findings of the jury, the judge shall fix a sentence 2
within the limits prescribed by law. 3
(2) In all cases of offenses for whi ch the death penalty may be authorized, the judge 4
shall consider, or include in the[his or her] instructions to the jury for it to consider, 5
any mitigating circumstances or aggravating circumstances otherwise authorized by 6
law and any of the following statutory aggravating or mitigating circumstances 7
which may be supported by the evidence: 8
(a) Aggravating circumstances: 9
1. The offense of murder or kidnapping was committed by a person with a 10
prior record of conviction for a capital offense, or the offense of murder 11
was committed by a person who has a substantial history of serious 12
assaultive criminal convictions; 13
2. The offense of murder or kidnapping was committed while the offender 14
was engaged in the commission of arson in the first degree, robbery in 15
the first degree, burglary in the first degree, rape in the first degree, or 16
sodomy in the first degree; 17
3. The offender by his or her act of murder, armed robbery, or kidnapping 18
knowingly created a great risk of death to more than one (1) person in a 19
public place by means of a weapon of mass destruction, weapon, or 20
other device which would normally be h azardous to the lives of more 21
than one (1) person; 22
4. The offender committed the offense of murder for himself, herself, or 23
another, for the purpose of receiving money or any other thing of 24
monetary value, or for other profit; 25
5. The offense of murder was committed by a person who was a prisoner 26
and the victim was a prison employee engaged at the time of the act in 27
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the performance of his or her duties; 1
6. The offender's act or acts of killing were intentional and resulted in 2
multiple deaths; 3
7. The offender's act of killing was intentional and the victim was: 4
a. A state or local public official; or 5
b. A first responder, as defined in KRS 507.070; 6
8. The offender murdered the victim when an emergency protective order 7
or a domestic violence order was in effect , or when any other order 8
designed to protect the victim from the offender, such as an order issued 9
as a condition of a bond, conditional release, probation, parole, or 10
pretrial diversion, was in effect; and 11
9. The offender's act of killing was intentional and resulted in the death of 12
a child under twelve (12) years old. 13
(b) Mitigating circumstances: 14
1. The defendant has no significant history of prior criminal activity; 15
2. The capital offense was committed while the defendant was under the 16
influence of extreme mental or emotional disturbance even though the 17
influence of extreme mental or emotional disturbance is not sufficient to 18
constitute a defense to the crime; 19
3. The vic tim was a participant in the defendant's criminal conduct or 20
consented to the criminal act; 21
4. The capital offense was committed under circumstances which the 22
defendant believed to provide a moral justification or extenuation for his 23
or her conduct even th ough the circumstances which the defendant 24
believed to provide a moral justification or extenuation for his or her 25
conduct are not sufficient to constitute a defense to the crime; 26
5. The defendant was an accomplice in a capital offense committed by 27
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another person and his or her participation in the capital offense was 1
relatively minor; 2
6. The defendant acted under duress or under the domination of another 3
person even though the duress or the domination of another person is not 4
sufficient to constitute a defense to the crime; 5
7. At the time of the capital offense, the capacity of the defendant to 6
appreciate the criminality of his or her conduct to the requirements of 7
law was impaired as a result of mental illness or an intellectual disability 8
or intoxication even though the impairment of the capacity of the 9
defendant to appreciate the criminality of his or her conduct or to 10
conform the conduct to the requirements of law is insufficient to 11
constitute a defense to the crime; and 12
8. The youth of the defendant at the time of the crime. 13
(3) The instructions as determined by the trial judge to be warranted by the evidence or 14
as required by KRS 532.030 (5)[(4)] shall be given in charge and in writing to the 15
jury for its deliberation. The jury, if its verdict be a recom mendation of death, or 16
imprisonment for life without benefit of probation or parole, or imprisonment for 17
life without benefit of probation or parole until the defendant has served a minimum 18
of twenty-five (25) years of his or her sentence, shall designate in writing, signed by 19
the foreman of the jury, the aggravating circumstance or circumstances which it 20
found beyond a reasonable doubt. In nonjury cases, the judge shall make such 21
designation. In all cases unless at least one (1) of the statutory aggravatin g 22
circumstances enumerated in subsection (2) of this section is so found, the death 23
penalty, or imprisonment for life without benefit of probation or parole, or the 24
sentence to imprisonment for life without benefit of probation or parole until the 25
defendant has served a minimum of twenty -five (25) years of his or her sentence, 26
shall not be imposed. 27
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Section 19. KRS 237.115 is amended to read as follows: 1
(1) Except as provided in KRS 527.020, the provisions of [nothing contained in] KRS 2
237.109 or 237.110 shall not be construed to limit, restrict, or prohibit in any 3
manner[ the right of a college, university, or any postsecondary education facility, 4
including technical schools and community colleges, to control the possession of 5
deadly weapons on any property owned or controlled by them or] the right of a unit 6
of state, city, county, urban -county government, or charter county government to 7
prohibit the carrying of concealed deadly weapons in that portion of a building 8
actually owned, leased, or occupied by that unit of government. 9
(2) Except as provided in KRS 527.020, the legislative body of a state, city, county, or 10
urban-county government may, by statute, administrative regulation, or ordinance, 11
prohibit or limit the carryin g of concealed deadly weapons in that portion of a 12
building owned, leased, or controlled by that unit of government. That portion of a 13
building in which the carrying of concealed deadly weapons is prohibited or limited 14
shall be clearly identified by signs posted at the entrance to the restricted area. The 15
statute or ordinance shall exempt any building used for public housing by private 16
persons, highway rest areas, firing ranges, and private dwellings owned, leased, or 17
controlled by that unit of government f rom any restriction on the carrying or 18
possession of deadly weapons. The statute, administrative regulation, or ordinance 19
shall not specify any criminal penalty for its violation but may specify that persons 20
violating the statute or ordinance may be denied entrance to the building, ordered to 21
leave the building, and if employees of the unit of government, be subject to 22
employee disciplinary measures for violation of the provisions of the statute or 23
ordinance.[ The provisions of this section shall not be dee med to be a violation of 24
KRS 65.870 if the requirements of this section are followed. The provisions of] 25
This section shall not apply to any other unit of government. 26
(3) Unless otherwise specifically provided by the Kentucky Revised Statutes or 27
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applicable federal law, a[no] criminal penalty shall not attach to carrying a 1
concealed firearm or other deadly weapon at any location at which an unconcealed 2
firearm or other deadly weapon may be constitutionally carried. 3
Section 20. KRS 65.1591 is amended to read as follows: 4
(1) As used in this section: 5
(a) "Peer support communication" means any oral or written communication 6
made in the course of, or application for, a peer support counseling session or 7
any communication by a pee r support participant regarding the contents of a 8
peer support counseling session to another peer support specialist, staff 9
member of a peer support counseling program, or the supervisor of a peer 10
support specialist; 11
(b) "Peer support counseling program" m eans a program provided by a public 12
agency to provide counseling services from a peer support specialist to a 13
public safety employee; 14
(c) "Peer support counseling session" means any counseling formally provided 15
through a peer support counseling program bet ween a peer support specialist 16
and one (1) or more public safety employees; 17
(d) "Peer support participant" means a public safety employee who receives 18
counseling services from a peer support specialist; 19
(e) "Peer support specialist" means a public safety e mployee designated by the 20
public agency to provide peer support counseling who has received training in 21
both peer support counseling and in providing emotional and moral support to 22
public safety employees who have been in or exposed to an emotionally 23
traumatic experience in the course of employment; 24
(f) "Public agency" means a city, county, urban -county government, charter 25
county government, consolidated local government, unified local 26
government, special district, local or regional public or quasi-public agency, 27
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board, commission, department, or public corporation[has the same meaning 1
as the entities listed in KRS 65.870 (1)]; and 2
(g) "Public safety employee" means an individual employed by a public agency 3
who: 4
1. Serves as a police officer as defined by KRS 15.420(2)(a)1.; 5
2. Serves in a position that is primarily engaged in firefighting activities, 6
whether paid or unpaid; 7
3. Serves as a certified telecommunicator as provided by KRS 15.560 to 8
15.565; or 9
4. Is licensed to provide emergency medical services a s provided by KRS 10
Chapter 311A. 11
(2) Any public agency may create and design a peer support counseling program to 12
provide support to public safety employees who have been in or exposed to an 13
emotionally traumatic experience in the course of employment. 14
(3) The content of any peer support communication shall remain confidential and shall 15
not be disclosed to any individual who was not party to the peer support counseling 16
session or peer support communication, except when the peer support 17
communication contains: 18
(a) An explicit threat of suicide by a participant in which the participant shares an 19
intent to die by suicide, a plan to carry out a suicide attempt, or discloses the 20
means by which the participant intends to carry out a suicide attempt. This 21
paragraph shall not apply to any peer support communication where the 22
participant solely shares that the participant is experiencing suicidal thoughts; 23
(b) An explicit threat by a participant of imminent and serious physical and 24
bodily harm or death to a clearly identified or reasonably identifiable victim; 25
(c) Information related to the abuse or neglect of a child or an older adult or 26
vulnerable individual that is required by law to be reported; 27
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(d) An admission of criminal conduct; or 1
(e) Information which is required by law to be disclosed. 2
(4) A peer support participant shall hold a privilege from disclosure of any peer support 3
communication in any disciplinary proceeding or any civil or criminal proceeding 4
unless it contains information exempted under subsect ion (3)(b), (c), (d), or (e) of 5
this section. Under this privilege, the peer support communication shall be subject 6
to the same protections as any counselor -client privilege provided under the 7
Kentucky Rules of Evidence in any criminal or civil proceeding. 8
(5) Nothing in subsection (3) or (4) of this section shall be interpreted or construed to 9
prohibit: 10
(a) The use of or sharing by the public agency of anonymous data for research, 11
statistical analysis, or educational purposes; 12
(b) The disclosure of an obse rvation by an employee of the public agency of a 13
peer support participant outside of a peer support counseling session and not 14
contained in peer support communication; or 15
(c) The disclosure of knowledge of a law enforcement officer of the public 16
agency abo ut a peer support participant not gained from peer support 17
communication. 18
Section 21. The following KRS section is repealed: 19
65.870 Local firearms control ordinances prohibited -- Exemption from immunity -- 20
Declaratory and injunctive relief. 21
Section 22. Section 5 of this Act takes effect January 1, 2027. 22
Section 23. Whereas the safety of the citizens of the Commonwealth is of 23
primary importance, an emergency is declared to exist, and Sections 1 to 4 and 6 to 21 of 24
this Act take effect upon their passage and approval by the Governor or upon their 25
otherwise becoming a law. 26