AN ACT relating to local firearms control ordinances.

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AN ACT relating to local firearms control ordinances. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. KRS 65.870 IS REPEALED AND REENACTED TO READ AS 3
FOLLOWS: 4
Notwithstanding KRS 237.104, a city, county, urban -county government, charter 5
county, consolidated local government, or unified local government may enact 6
ordinances regulating t he manufacture, sale, purchase, taxation, transfer, ownership, 7
possession, carrying, storage, or transportation of firearms, ammunition, components 8
of firearms, components of ammunition, firearms accessories, or combination thereof. 9
Section 2. KRS 65.1591 is amended to read as follows: 10
(1) As used in this section: 11
(a) "Peer support communication" means any oral or written communication 12
made in the course of, or application for, a peer support counseling session or 13
any communication by a peer support participant regarding the contents of a 14
peer support counseling session to another peer support specialist, staff 15
member of a peer support counseling program, or the supervisor of a peer 16
support specialist; 17
(b) "Peer support counseling program" means a program provided by a public 18
agency to provide counseling services from a peer support specialist to a 19
public safety employee; 20
(c) "Peer support counseling session" means any counseling formally provided 21
through a peer support counseling program between a peer support specialist 22
and one (1) or more public safety employees; 23
(d) "Peer support participant" means a public safety employee who receives 24
counseling services from a peer support specialist; 25
(e) "Peer support specialist" means a public safety employee designated by the 26
public agency to provide peer support counseling who has received training in 27
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both peer support counseling and in providing emotional and moral support to 1
public safety employees who have been in or exposed to an emotionally 2
traumatic experience in the course of employment; 3
(f) "Public agency" has the same mea ning as the entities listed in KRS 4
61.870[65.870(1)]; and 5
(g) "Public safety employee" means an individual employed by a public agency 6
who: 7
1. Serves as a police officer as defined by KRS 15.420(2)(a)1.; 8
2. Serves in a position that is primarily engaged in firefighting activities, 9
whether paid or unpaid; 10
3. Serves as a certified telecommunicator as provided by KRS 15.560 to 11
15.565; or 12
4. Is licensed to provide emergency medical services as provided by KRS 13
Chapter 311A. 14
(2) Any public agency may create and d esign a peer support counseling program to 15
provide support to public safety employees who have been in or exposed to an 16
emotionally traumatic experience in the course of employment. 17
(3) The content of any peer support communication shall remain confidentia l and shall 18
not be disclosed to any individual who was not party to the peer support counseling 19
session or peer support communication, except when the peer support 20
communication contains: 21
(a) An explicit threat of suicide by a participant in which the part icipant shares an 22
intent to die by suicide, a plan to carry out a suicide attempt, or discloses the 23
means by which the participant intends to carry out a suicide attempt. This 24
paragraph shall not apply to any peer support communication where the 25
participant solely shares that the participant is experiencing suicidal thoughts; 26
(b) An explicit threat by a participant of imminent and serious physical and 27
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bodily harm or death to a clearly identified or reasonably identifiable victim; 1
(c) Information related to the abuse or neglect of a child or an older adult or 2
vulnerable individual that is required by law to be reported; 3
(d) An admission of criminal conduct; or 4
(e) Information which is required by law to be disclosed. 5
(4) A peer support participant shall hold a privilege from disclosure of any peer support 6
communication in any disciplinary proceeding or any civil or criminal proceeding 7
unless it contains information exempted under subsection (3)(b), (c), (d), or (e) of 8
this section. Under this privilege, the pe er support communication shall be subject 9
to the same protections as any counselor -client privilege provided under the 10
Kentucky Rules of Evidence in any criminal or civil proceeding. 11
(5) [Nothing in subsection (3) or (4) of ] This section shall not[be inter preted or 12
construed to] prohibit: 13
(a) The use of or sharing by the public agency of anonymous data for research, 14
statistical analysis, or educational purposes; 15
(b) The disclosure of an observation by an employee of the public agency of a 16
peer support parti cipant outside of a peer support counseling session and not 17
contained in peer support communication; or 18
(c) The disclosure of knowledge of a law enforcement officer of the public 19
agency about a peer support participant not gained from peer support 20
communication. 21
Section 3. KRS 237.115 is amended to read as follows: 22
(1) Except as provided in KRS 527.020, the provisions of [nothing contained in] KRS 23
237.109 and[or] 237.110 shall not be construed to limit, restrict, or prohib it in any 24
manner the right of a college, university, or any postsecondary education facility, 25
including technical schools and community colleges, to control the possession of 26
deadly weapons on any property owned or controlled by them or the right of a unit 27
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of state, city, county, urban -county, or charter county government to prohibit the 1
carrying of concealed deadly weapons in that portion of a building actually owned, 2
leased, or occupied by that unit of government. 3
(2) (a) Except as provided in KRS 527.020 , the legislative body of a state, city, 4
county, or urban -county government may, by statute, administrative 5
regulation, or ordinance, prohibit or limit the carrying of concealed deadly 6
weapons in that portion of a building owned, leased, or controlled by t hat unit 7
of government. That portion of a building in which the carrying of concealed 8
deadly weapons is prohibited or limited shall be clearly identified by signs 9
posted at the entrance to the restricted area. 10
(b) The statute or ordinance shall exempt any building used for public housing by 11
private persons, highway rest areas, firing ranges, and private dwellings 12
owned, leased, or controlled by that unit of government from any restriction 13
on the carrying or possessi on of deadly weapons. The statute, administrative 14
regulation, or ordinance shall not specify any criminal penalty for its violation 15
but may specify that persons violating the statute or ordinance may be denied 16
entrance to the building, ordered to leave the building, and if employees of the 17
unit of government, be subject to employee disciplinary measures for 18
violation of the provisions of the statute or ordinance. [ The provisions of this 19
section shall not be deemed to be a violation of KRS 65.870 if the 20
requirements of this section are followed.] 21
(c) [The provisions of ] This section shall not apply to any other unit of 22
government. 23
(3) Unless otherwise specifically provided by the Kentucky Revised Statutes or 24
applicable federal law, no criminal penalty shall a ttach to carrying a concealed 25
firearm or other deadly weapon at any location at which an unconcealed firearm or 26
other deadly weapon may be constitutionally carried. 27