AN ACT relating to concealed deadly weapons.

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AN ACT relating to concealed deadly weapons. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 150.172 is amended to read as follows: 3
(1) Any person who is not prohibited by state or federal law from possessing a firearm 4
may carry a firearm and ammunition for that firearm for purposes of self -defense 5
and defense of others wh ile hunting, fishing, trapping, or engaging in any other 6
activity not constituting a crime under KRS Chapter 218A or Chapters 500 to 534, 7
and may do so on any public lands under the control of the department and on any 8
private land under the control of the department, unless the owner of the private 9
land has posted notice that concealed deadly weapons are not allowed in a building 10
where they may be prohibited pursuant to KRS 237.110[ or 237.115]. 11
(2) (a) A person may use a firearm, if he or she is not prohi bited by state or federal 12
law from possessing a firearm, or may use any other deadly weapon, at any 13
time and during any season to: 14
1. Kill or attempt to kill an animal, whether protected or unprotected, in 15
self-defense or defense of another person; or 16
2. Kill or attempt to kill an injured animal for humane purposes; and 17
in either event, reports the kill or attempted kill to a game warden before 18
midnight of the same day as the kill or attempted kill. 19
(b) An investigation by the department shall be authoriz ed to substantiate and 20
provide evidence on whether the kill or attempted kill of the animal is in 21
violation of paragraph (a) of this subsection or if the animal presents a threat 22
to public health and safety. If no violation is shown to exist, and if there is no 23
threat to public health and safety, then the animal or parts thereof shall: 24
1. Remain the property and in the possession of the person taking the 25
animal; or 26
2. If the animal or parts thereof were surrendered to the department, be 27
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immediately returned to the person. 1
(c) An arrest shall not be made, except upon a warrant issued by a judge of a 2
court of competent jurisdiction, and a citation shall not be issued by a peace 3
officer if an animal is killed under circumstances described in paragraph (a) of 4
this subsection. 5
(d) A citation may be issued by a peace officer who witnesses the killing of an 6
animal in violation of a statute or federal regulation under circumstances 7
different from those described in paragraph (a) of this subsection. 8
(e) An arrest warr ant or a summons may be issued by a judge of a court of 9
competent jurisdiction, upon application of the appropriate county attorney, if 10
the court believes that there is sufficient cause to doubt the claim that the 11
animal was killed under circumstances desc ribed in paragraph (a) of this 12
subsection. 13
(3) In cases where an animal is killed and there is a claim that the animal was killed 14
under circumstances described in paragraph (a) of subsection (2) of this section, the 15
department shall provide competent evide nce as to how the animal was killed and 16
the circumstances surrounding the event. 17
(4) The department shall not promulgate administrative regulations restricting any right 18
provided by this section or the spirit thereof. 19
(5) This section shall not apply to the killing, wounding, or other prohibited act relating 20
to specific wildlife which are protected by the federal Endangered Species Act, 16 21
U.S.C. secs. 1531 to 1544; federal Migratory Bird Treaty Act, 16 U.S.C. secs. 703 22
to 712; or federal Bald and Golden Ea gle Protection Act, 16 U.S.C. secs. 668 to 23
668d. 24
(6) The principles contained in KRS Chapter 503 relating to the use of force and deadly 25
force against human beings shall apply to acts where wildlife is involved. 26
Section 2. KRS 237.110 is amended to read as follows: 27
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(1) The Department of Kentucky State Police is authorized to issue and renew licenses 1
to carry concealed firearms or other deadly weapons, or a combination thereof, to 2
persons qualified as provided in this section. 3
(2) An original or renewal license issued pursuant to this section shall: 4
(a) Be valid throughout the Commonwealth and, except as provided in this 5
section or other specific section of the Kentucky Revised Statutes or federal 6
law, permit the holder of the license to carry firearms, ammunition, or other 7
deadly weapons, or a combination thereof, at any location in the 8
Commonwealth; 9
(b) Unless revoked or suspended as provided by law, be valid for a period of five 10
(5) years from the date of issuance; 11
(c) Authorize the holder of the license to carry a concealed firearm or other 12
deadly weapon, or a combination thereof, on or about his or her person; and 13
(d) Authorize the holder of the license to carry ammunition for a firearm on or 14
about his or her person. 15
(3) Prior to the issuance of an original or renewal license to carry a concealed deadly 16
weapon, the Department of Kentucky State Police, upon receipt of a completed 17
application, applicable fees, and any documentation required by this section or 18
administrative regulation promulgated by the Department of Kentucky State Police, 19
shall conduct a background check to ascertain whether the applicant is eligible 20
under 18 U.S.C. sec. 922(g) and (n), any other applicable federal law, and state law 21
to purchase, receive, o r possess a firearm or ammunition, or both. The background 22
check shall include: 23
(a) A state records check covering the items specified in this subsection, together 24
with any other requirements of this section; 25
(b) A federal records check, which shall includ e a National Instant Criminal 26
Background Check System (NICS) check; 27
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(c) A federal Immigration Alien Query if the person is an alien who has been 1
lawfully admitted to the United States by the United States government or an 2
agency thereof; and 3
(d) In additio n to the Immigration Alien Query, if the applicant has not been 4
lawfully admitted to the United States under permanent resident status, the 5
Department of Kentucky State Police shall, if a doubt exists relating to an 6
alien's eligibility to purchase a firear m, consult with the United States 7
Department of Homeland Security, United States Department of Justice, 8
United States Department of State, or other federal agency to confirm whether 9
the alien is eligible to purchase a firearm in the United States, bring a firearm 10
into the United States, or possess a firearm in the United States under federal 11
law. 12
(4) The Department of Kentucky State Police shall issue an original or renewal license 13
if the applicant: 14
(a) Is not prohibited from the purchase, receipt, or posse ssion of firearms, 15
ammunition, or both pursuant to 18 U.S.C. sec. 922(g) and (n) [, 18 U.S.C. 16
922(n)], or applicable federal or state law; 17
(b) 1. Is a citizen of the United States who is a resident of this 18
Commonwealth; 19
2. Is a citizen of the United States who is a member of the Armed Forces 20
of the United States who is on active duty, who is at the time of 21
application assigned to a military posting in Kentucky; 22
3. Is lawfully admitted to the United States by the United States 23
government or an agency thereof, is permitted by federal law to 24
purchase a firearm, and is a resident of this Commonwealth; or 25
4. Is lawfully admitted to the United States by th e United States 26
government or an agency thereof ;[,] is permitted by federal law to 27
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purchase a firearm ;[,] is, at the time of the application, assigned to a 1
military posting in Kentucky ;[,] and has been assigned to a posting in 2
the Commonwealth; 3
(c) Is twenty-one (21) years of age or older; 4
(d) Has not been committed to a state or federal facility for the abuse of a 5
controlled substance or been convicted of a misdemeanor violation of KRS 6
Chapter 218A or similar laws of any other state relating to controlled 7
substances, within a three (3) year period immediately preceding the date on 8
which the application is submitted; 9
(e) Does not chronically and habitually use alcoholic beverages as evidenced by 10
the applicant having two (2) or more convictions for violating KRS 189A.010 11
within the three (3) years immediately preceding the date on which the 12
application is submitted, or having been committed as an alcoholic pursuant to 13
KRS Chapter 222 or similar laws of another state within the three (3) year 14
period immediately preceding the date on which the application is submitted; 15
(f) Does not owe a child support arrearage which equals or exceeds the 16
cumulative amount which would be owed after one (1) year of nonpayment, if 17
the Department of Kentucky State Police has been notified of the arrearage by 18
the Office of the Attorney General; 19
(g) Has complied with any subpoena or warrant relating to child support or 20
paternity proceedings. If the Department of Kentucky State Police has not 21
been notified by the Office of the Attorney General that the applicant has 22
failed to meet this requirement, the Department of Kentucky State Police shall 23
assume that paternity and child support proceedings are not an issue; 24
(h) Has not been convicted of a violation of KRS 508.030 or 508.080 within t he 25
three (3) years immediately preceding the date on which the application is 26
submitted. The commissioner of the Department of Kentucky State Police 27
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may waive this requirement upon good cause shown and a determination that 1
the applicant is not a danger and that a waiver would not violate federal law; 2
(i) Demonstrates competence with a firearm by successful completion of a 3
firearms safety or training course that is conducted by a firearms instructor 4
who is certified by a national organization with membership open to residents 5
of any state or territory of the United States, which was created to promote 6
firearms education, safety, and the profession of firearms use and training, and 7
to foster professional behavior in its members. The organization shall require 8
members to adhere to its own code of ethics and conduct a program which 9
certifies firearms instructors and includes the use of written tests, in person 10
instruction, and a component of live -fire training. These national 11
organizations shall include but are n ot limited to the National Rifle 12
Association, the United States Concealed Carry Association, and the National 13
Shooting Sports Foundation. The training requirement may also be fulfilled 14
through any firearms safety course offered or approved by the Departmen t of 15
Criminal Justice Training. The firearms safety course offered or approved by 16
the Department of Criminal Justice Training shall: 17
1. Be not more than eight (8) hours in length; 18
2. Include instruction on handguns, the safe use of handguns, the care and 19
cleaning of handguns, and handgun marksmanship principles; 20
3. Include actual range firing of a handgun in a safe manner, and the firing 21
of not more than twenty (20) rounds at a full -size silhouette target, 22
during which firing, not less than eleven (11) roun ds must hit the 23
silhouette portion of the target; and 24
4. Include information on and a copy of laws relating to possession and 25
carrying of firearms, as set forth in KRS Chapters 237 and 527, and the 26
laws relating to the use of force, as set forth in KRS Chapter 503; and 27
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(j) Demonstrates knowledge of the law regarding the justifiable use of force by 1
including with the application a copy of the concealed carry deadly weapons 2
legal handout made available by the Department of Criminal Justice Training 3
and a sign ed statement that indicates the[that] applicant has read and 4
understands the handout. 5
(5) (a) A legible photocopy or electronic copy of a certificate of completion issued 6
by a firearms instructor certified by a national organization or the Department 7
of Cr iminal Justice Training shall constitute evidence of qualification under 8
subsection (4)(i) of this section. 9
(b) Persons qualifying under subsection (6)(d) of this section may submit with 10
their application: 11
1. At least one (1) of the following paper or elec tronic forms or their 12
successor forms showing evidence of handgun training or handgun 13
qualifications: 14
a. Department of Defense Form DD 2586; 15
b. Department of Defense Form DD 214; 16
c. Coast Guard Form CG 3029; 17
d. Department of the Army Form DA 88-R; 18
e. Department of the Army Form DA 5704-R; 19
f. Department of the Navy Form OPNAV 3591-1; or 20
g. Department of the Air Force Form AF 522; or 21
2. a. Documentary evidence of an honorable discharge; and 22
b. A notarized affidavit on a form provided by the Department of 23
Kentucky State Police, signed under penalty of perjury, stating the 24
person has met the training requirements of subsection (6)(d) of 25
this section. 26
(6) (a) Peace officers who are currently certif ied as peace officers by the Kentucky 27
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Law Enforcement Council pursuant to KRS 15.380 to 15.404 and peace 1
officers who are retired and are members of the Kentucky Employees 2
Retirement System, State Police Retirement System, [ or] County Employees 3
Retirement System, or other retirement system operated by or for a city, 4
county, or urban -county government in Kentucky shall be deemed to have 5
met the training requirement. 6
(b) Current and retired peace officers of the following federal agencies shall be 7
deemed to have met the training requirement: 8
1. Any peace officer employed by a federal agency specified in KRS 9
61.365; 10
2. Any peace officer employed by a federal civilian law enforcement 11
agency not specified above who has successfully completed the basic 12
law enforcement training course required by that agency; 13
3. Any military peace officer of the United States Army, Navy, Marine 14
Corps, or Air Force, or a reserve component thereof, or of the Army 15
National Guard or Air National Guard who has successfully completed 16
the military law enforcement training course required by that branch of 17
the military; 18
4. Any member of the United States Coast Guard serving in a peace officer 19
role who has successfully completed the law enforcement training 20
course specified by the United States Coast Guard. 21
(c) Corrections officers who are currently employed by a consolidated local 22
government, an urban -county government, or the Department of Corrections 23
who have successfully completed a basic firearms training course required for 24
their employment, and corrections officers who were formerly employed by a 25
consolidated local government, an urban -county government, or the 26
Department of Corrections who are retired, and who successfully completed a 27
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basic firearms training course required for their em ployment, and are 1
members of a state-administered retirement system or other retirement system 2
operated by or for a city, county, or urban -county government in Kentucky 3
shall be deemed to have met the training requirement. 4
(d) Active or honorably discharge d service members in the United States Army, 5
Navy, Marine Corps, Air Force, or Coast Guard, or a reserve component 6
thereof, or of the Army National Guard or Air National Guard shall be 7
deemed to have met the training requirement if these persons: 8
1. Successfully completed handgun training which was conducted by the 9
United States Army, Navy, Marine Corps, Air Force, or Coast Guard, or 10
a reserve component thereof, or of the Army National Guard or Air 11
National Guard; or 12
2. Successfully completed handgun qualif ication within the United States 13
Army, Navy, Marine Corps, Air Force, or Coast Guard, or a reserve 14
component thereof, or of the Army Guard or Air Force National Guard. 15
(7) (a) 1. A paper application for a license, or renewal of a license, to carry a 16
concealed deadly weapon shall be obtained from and submitted to the 17
office of the sheriff in the county in which the person resides. 18
2. An applicant, in lieu of a paper application, may submit an electronic 19
application for a license, or renewal of a license, to carry a concealed 20
deadly weapon to the Department of Kentucky State Police. 21
3. Persons qualifying under subsection (6)(d) of this section shall be 22
supplied the information in subsection (4)(i)4. of this section upon 23
obtaining an application. 24
(b) 1. The com pleted paper application and any documentation required by 25
this section plus an application fee or renewal fee, as appropriate, of 26
sixty dollars ($60) shall be presented to the office of the sheriff of the 27
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county in which the applicant resides. 1
2. The sher iff shall transmit the paper application and accompanying 2
material to the Department of Kentucky State Police within five (5) 3
working days. 4
3. Twenty dollars ($20) of the paper application fee shall be retained by the 5
office of the sheriff for official exp enses of the office. Twenty dollars 6
($20) shall be sent to the Department of Kentucky State Police with the 7
application. Ten dollars ($10) shall be transmitted by the sheriff to the 8
Administrative Office of the Courts to fund background checks for 9
youth le aders, and ten dollars ($10) shall be transmitted to the 10
Administrative Office of the Courts to fund background checks for 11
applicants for concealed weapon carry permits[weapons]. 12
(c) 1. A completed electronic application submitted in lieu of a paper 13
application, any documentation required by this section, and an 14
application fee or renewal fee, as appropriate, of seventy dollars ($70) 15
shall be presented to the Department of Kentucky State Police. 16
2. If an electronic application is submitted in lieu of a pape r application, 17
thirty dollars ($30) of the electronic application fee shall be retained by 18
the Department of Kentucky State Police. Twenty dollars ($20) shall be 19
sent to the office of the sheriff of the applicant's county of residence for 20
official expenses of the office. Ten dollars ($10) shall be transmitted to 21
the Administrative Office of the Courts to fund background checks for 22
youth leaders, and ten dollars ($10) shall be transmitted to the 23
Administrative Office of the Courts to fund background checks f or 24
applicants for concealed weapon carry permits. 25
(d) A full -time or part -time peace officer who is currently certified as a peace 26
officer by the Kentucky Law Enforcement Council and who is authorized by 27
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his or her employer or government authority to carry a concealed deadly 1
weapon at all times and all locations within the Commonwealth pursuant to 2
KRS 527.020, or a retired peace officer who is a member of the Kentucky 3
Employees Retirement System, State Police Retirement System, County 4
Employees Retirement S ystem, or other retirement system operated by or for 5
a city, county, or urban -county government in Kentucky, shall be exempt 6
from paying the paper or electronic application or renewal fees. 7
(e) The application, whether paper or electronic, shall be complet ed, under oath, 8
on a form or in a manner established[promulgated] by the Department of 9
Kentucky State Police by administrative regulation promulgated in 10
accordance with KRS Chapter 13A which shall include: 11
1. a. The name, address, place and date of birth, citizenship, gender, 12
and Social Security number of the applicant; and 13
b. If not a citizen of the United States, alien registration number if 14
applicable, passport number, visa number, mother's maiden name, 15
and oth er information necessary to determine the immigration 16
status and eligibility to purchase a firearm under federal law of a 17
person who is not a citizen of the United States; 18
2. A statement that, to the best of his or her knowledge, the applicant is in 19
compliance with criteria contained within subsections (3) and (4) of this 20
section; 21
3. A statement that the applicant, if qualifying under subsection (6)(d) of 22
this section, has provided: 23
a. At least one (1) of the forms listed in subsection (5) of this section; 24
or 25
b. i. Documentary evidence of an honorable discharge; and 26
ii. A notarized affidavit on a form provided by the Department 27
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of Kentucky State Police stating the person has met the 1
training requirements of subsection (6)(d) of this section; 2
4. A statement that the applicant has been furnished a copy of this section 3
and is knowledgeable about its provisions; 4
5. A statement that the applicant has been furnished a copy of, has read, 5
and understands KRS Chapter 503 as it pertains to the use of deadly 6
force for self-defense in Kentucky; and 7
6. A conspicuous warning that the application is executed under oath and 8
that a materially false answer to any question, or the submission of any 9
materially false document by the applicant, subjects the applicant to 10
criminal prosecution under KRS 523.030. 11
(8) The applicant shall submit to the sheriff of the applicant's county of residence or 12
county of military posting if submitting a paper application, or to the Department of 13
Kentucky State Police if submitting an electronic application: 14
(a) A completed application as described in subsection (7) of this section; 15
(b) A recent color photograph of the applicant, as prescribed by administrative 16
regulation; 17
(c) A paper or electronic certificate ,[ or] an affidavit, or a document as described 18
in subsection (5) of this section; 19
(d) A paper or electronic document establishing the training exemption as 20
described in subsection (6) of this section; and 21
(e) For an applicant who is not a citizen of the United States and has been 22
lawfully admitted to the United States by the United States government or an 23
agency thereof, an affidavit as prescribed by administrative regulation 24
concerning his or her immigration status and his or her United States 25
government-issued[government issued]: 26
1. Permanent R esident Card I -551 or its equivalent successor 27
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identification; 1
2. Other United States government-issued[government issued] evidence of 2
lawful admission to the United States which includes the category of 3
admission, if admission has not been granted as a pe rmanent resident; 4
and 5
3. Evidence of compliance with the provisions of 18 U.S.C. sec. 922(g)(5), 6
18 U.S.C. sec. 922(d)(5), or 18 U.S.C. sec. 922(y)(2), and 27 C.F.R. pt. 7
178, including, as appropriate, but not limited to evidence of ninety (90) 8
day residence in the Commonwealth, a valid current Kentucky hunting 9
license if claiming exemption as a hunter, or other evidence of eligibility 10
to purchase a firearm by an alien which is required by federal law or 11
regulation. 12
If an applicant presents identification specified in this paragraph, the sheriff 13
shall examine the identification, may record information from the 14
identification presented, and shall return the identification to the applicant. 15
(9) The Department of Kentucky State Police shall, within sixty (60) days after the date 16
of receipt of the items listed in subsection (8) of this section if the applicant 17
submitted a paper application, or within fifteen (15) business days after the date of 18
receipt of the items listed in subsection (8) of this section if the applicant applied 19
electronically, either: 20
(a) Issue the license; or 21
(b) Deny the application based solely on the grounds that the applicant fails to 22
qualify under the criteria listed in subsection (3) or (4) of this section. If the 23
Department of Kentucky State Police denies the application, it shall notify the 24
applicant in writing, stating the grounds for denial and informing the applicant 25
of a right to submit, within thirty (30) days, any additional documentation 26
relating to the grounds of denial. Upon re ceiving any additional 27
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documentation, the Department of Kentucky State Police shall reconsider its 1
decision and inform the applicant within twenty (20) days of the result of the 2
reconsideration. The applicant shall further be informed of the right to seek de 3
novo review of the denial in the District Court of his or her place of residence 4
within ninety (90) days from the date of the letter advising the applicant of the 5
denial. 6
(10) The Department of Kentucky State Police shall maintain an automated listing o f 7
license holders and pertinent information, and this information shall be available 8
upon request [,] at all times to all Kentucky, federal, and other states' law 9
enforcement agencies. A request for the entire list of licensees, or for all licensees 10
in a ge ographic area, shall be denied. Only requests relating to a named licensee 11
shall be honored or available to law enforcement agencies. Information on 12
applications for licenses, names and addresses, or other identifying information 13
relating to license holder s shall be confidential and shall not be made available 14
except to law enforcement agencies. No request for lists of local or statewide permit 15
holders shall be made to any state or local law enforcement agency, peace officer, 16
or other agency of government other than the Department of Kentucky State Police, 17
and no state or local law enforcement agency, peace officer, or agency of 18
government, other than the Department of Kentucky State Police, shall provide any 19
information to any requester not entitled to it by law. 20
(11) Within thirty (30) days after the changing of a permanent address, or within thirty 21
(30) days after the loss, theft, or destruction of a license, the licensee shall notify the 22
Department of Kentucky State Police of the loss, theft, or destructi on. Failure to 23
notify the Department of Kentucky State Police shall constitute a noncriminal 24
violation with a penalty of twenty -five dollars ($25) payable to the clerk of the 25
District Court. No court costs shall be assessed for a violation of this subsecti on. 26
When a licensee makes application to change his or her residence address or other 27
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information on the license, neither the sheriff nor the Department of Kentucky State 1
Police shall require a surrender of the license until a new license is in the office of 2
the applicable sheriff and available for issuance. Upon the issuance of a new 3
license, the old license shall be destroyed by the sheriff. 4
(12) If a license is lost, stolen, or destroyed, the license shall be automatically invalid, 5
and the person to whom the same was issued may, upon payment of fifteen dollars 6
($15) for a paper request, or twenty -five dollars ($25) for an electronic request 7
submitted in lieu o f a paper request, to the Department of Kentucky State Police, 8
obtain a duplicate, upon furnishing a notarized statement to the Department of 9
Kentucky State Police that the license has been lost, stolen, or destroyed. 10
(13) (a) The commissioner of the Depar tment of Kentucky State Police, or his or her 11
designee in writing, shall revoke the license of any person who becomes 12
permanently ineligible to be issued a license or have a license renewed under 13
the criteria set forth in this section. 14
(b) The commissioner of the Department of Kentucky State Police, or his or her 15
designee in writing, shall suspend the license of any person who becomes 16
temporarily ineligible to be issued a license or have a license renewed under 17
the criteria set forth in this section. The li cense shall remain suspended until 18
the person is again eligible for the issuance or renewal of a license. 19
(c) Upon the suspension or revocation of a license, the commissioner of the 20
Department of Kentucky State Police, or his or her designee in writing, shall: 21
1. Order any peace officer to seize the license from the person whose 22
license was suspended or revoked; or 23
2. Direct the person whose license was suspended or revoked to surrender 24
the license to the sheriff of the person's county of residence within t wo 25
(2) business days of the receipt of the notice. 26
(d) If the person whose license was suspended or revoked desires a hearing on the 27
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matter, the person shall surrender the license as provided in paragraph (c)2. of 1
this subsection and petition the commissio ner of the Department of Kentucky 2
State Police to hold a hearing on the issue of suspension or revocation of the 3
license. 4
(e) Upon receipt of the petition, the commissioner of the Department of Kentucky 5
State Police shall cause a hearing to be held in acco rdance with KRS Chapter 6
13B on the suspension or revocation of the license. If the license has not been 7
surrendered, no hearing shall be scheduled or held. 8
(f) If the hearing officer determines that the licensee's license was wrongly 9
suspended or revoked, the hearing officer shall order the commissioner of the 10
Department of Kentucky State Police to return the license and abrogate the 11
suspension or revocation of the license. 12
(g) Any party may appeal a decision pursuant to this subsection to the District 13
Court in the licensee's county of residence in the same manner as for the 14
denial of a license. 15
(h) If the license is not surrendered as ordered, the commissioner of the 16
Department of Kentucky State Police shall order a peace officer to seize the 17
license and deliver it to the commissioner. 18
(i) Failure to surrender a suspended or revoked license as ordered is a Class A 19
misdemeanor. 20
(j) The provisions of this subsection relating to surrender of a license shall not 21
apply if a court of competent jurisdiction has enjoined its surrender. 22
(k) When a domestic violence order or emergency protective order is issued 23
pursuant to the provisions of KRS Chapter 403 against a person holding a 24
license issued under this section, the holder of the permit shall surrender the 25
license to the court or to the officer serving the order. The officer to whom the 26
license is surrendered shall immediately[forthwith] transmit the license to the 27
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court issuing the order. The license shall be suspended until the order is 1
terminated, or until the j udge who issued the order terminates the suspension 2
prior to the termination of the underlying domestic violence order or 3
emergency protective order, in writing and by return of the license, upon 4
proper motion by the license holder. Subject to the same con ditions as above, 5
a peace officer against whom an emergency protective order or domestic 6
violence order has been issued shall not be permitted to carry a concealed 7
deadly weapon when not on duty, the provisions of KRS 527.020 to the 8
contrary notwithstanding. 9
(14) (a) Not less than one hundred twenty (120) days prior to the expiration date of the 10
license, the Department of Kentucky State Police shall mail to each licensee a 11
written notice of the expiration and a renewal form prescribed by the 12
Department of Kentucky State Police. The outside of the envelope containing 13
the license renewal notice shall bear only the name and address of the 14
applicant. No other information relating to the applicant shall appear on the 15
outside of the envelope sent to the applicant. The licensee may renew his or 16
her license on or before the expiration date by filing with the sheriff of his or 17
her county of residence the paper renewal form, or by filing with the 18
Department of Kentucky State Police an electronic renewal form in lieu of a 19
paper renewal form, stating that the licensee remains qualified pursuant to the 20
criteria specified in subsections (3) and (4) of this section, and the required 21
renewal fee set forth in subsection (7) of this section. The sheriff shall issue to 22
the applicant a receipt for the paper application for renewal of the license and 23
shall date the receipt. The Department of Kentucky State Police shall issue to 24
the applicant a receipt for an electronic application for renewal of the license 25
submitted in lieu of a paper application for renewal and shall date the receipt. 26
(b) A license which has expired shall be void and shall not be valid for any 27
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purpose other than surrender to the sheriff in exchange for a renewal license. 1
(c) The license shall be renewed to a quali fied applicant upon receipt of the 2
completed renewal application, records check as specified in subsection (3) of 3
this section, determination that the renewal applicant is not ineligible for a 4
license as specified in subsection (4) of this section, and appropriate payment 5
of fees. Upon the issuance of a new license, the old license shall be destroyed 6
by the sheriff. A licensee who fails to file a renewal application on or before 7
its expiration date may renew his or her license by paying, in additio n to the 8
license fees, a late fee of fifteen dollars ($15). No license shall be renewed six 9
(6) months or more after its expiration date, and the license shall be deemed to 10
be permanently expired six (6) months after its expiration date. A person 11
whose license has permanently expired may reapply for licensure pursuant to 12
subsections (7), (8), and (9) of this section. 13
(15) The licensee shall carry the license at all times the licensee is carrying a concealed 14
firearm or other deadly weapon and shall display t he license upon request of a law 15
enforcement officer. Violation of the provisions of this subsection shall constitute a 16
noncriminal violation with a penalty of twenty -five dollars ($25), payable to the 17
clerk of the District Court, but no court costs shall be assessed. 18
(16) Except as provided in KRS 527.020, no license issued pursuant to this section shall 19
authorize any person to carry a concealed firearm into: 20
(a) Any police station or sheriff's office; 21
(b) Any detention facility, prison, or jail; 22
(c) Any courthouse[,] solely occupied by the Court of Justice, courtroom, or court 23
proceeding; 24
(d) Any meeting of the governing body of a county, municipality, or special 25
district; or any meeting of the General Assembly or a committee of the 26
General Assembly, except that nothing in this section shall preclude a member 27
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of the body [,] holding a concealed deadly weapon license [,] from carrying a 1
concealed deadly weapon at a meeting of the body of which he or she is a 2
member; 3
(e) Any portion of an establishment licensed to dispense beer or alcoholic 4
beverages for consumption on the premises, which portion of the 5
establishment is primarily devoted to that purpose; 6
(f) Any[ elementary or secondary school facility without the consent of school 7
authorities as provided in KRS 527.070, any] child-caring facility as defined 8
in KRS 199.011, any child-care[day-care] center as defined in KRS 199.894, 9
or any certified family child -care home as defined in KRS 199.8982, except 10
however, any owner of a certified child -care home may carr y a concealed 11
firearm into the owner's residence used as a certified child-care home; 12
(g) An area of an airport to which access is controlled by the inspection of 13
persons and property by the Transportation Security Administration; or 14
(h) Any place where the carrying of firearms is prohibited by federal law. 15
(17) The owner, business or commercial lessee, or manager of a private business 16
enterprise, child-care[day-care] center as defined in KRS 199.894 or certified or 17
licensed family child -care home as defined in KRS 199.8982, or a health -care 18
facility licensed under KRS Chapter 216B, except facilities renting or leasing 19
housing, may prohibit persons holding concealed deadly weapon licenses from 20
carrying concealed deadly weapons on the premises and ma y prohibit employees, 21
not authorized by the employer, holding concealed deadly weapons licenses from 22
carrying concealed deadly weapons on the property of the employer. If the building 23
or the premises are open to the public, the employer or business enterpr ise shall 24
post signs on or about the premises if carrying concealed weapons is prohibited. 25
Possession of weapons,[ or] ammunition, or both in a vehicle on the premises shall 26
not be a criminal offense so long as the weapons, [ or] ammunition, or both are not 27
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removed from the vehicle or brandished while the vehicle is on the premises. A 1
private but not a public employer may prohibit employees or other persons holding 2
a concealed deadly weapons license from carrying concealed deadly weapons, [ or] 3
ammunition, or both in vehicles owned by the employer, but may not prohibit 4
employees or other persons holding a concealed deadly weapons license from 5
carrying concealed deadly weapons,[ or] ammunition, or both in vehicles owned by 6
the employee, except that the Justice and Public Safety Cabinet may prohibit an 7
employee from carrying any weapons, [ or] ammunition, or both other than the 8
weapons,[ or] ammunition, or both issued or authorized to be used by the employee 9
of the cabinet, in a vehicle while transporting persons under the employee's 10
supervision or jurisdiction. Carrying of a concealed weapon, [ or] ammunition, or 11
both in a location specified in this subsection by a license holder shall not be a 12
criminal act but may subject the person to denial from the premises or removal from 13
the premises, and, if an employee of an employer, disciplinary measures by the 14
employer. 15
(18) All moneys collected by the Department of Kentucky State Police pursuant to this 16
section shall be used to administer the provisions of this section a nd KRS 237.138 17
to 237.142. By March 1 of each year, the Department of Kentucky State Police and 18
the Administrative Office of the Courts shall submit reports to the Governor, the 19
President of the Senate, and the Speaker of the House of Representatives, indi cating 20
the amounts of money collected and the expenditures related to this section, KRS 21
237.138 to 237.142, [ and KRS 237.115,] 244.125, 527.020, and 527.070, and the 22
administration of the provisions of this section, KRS 237.138 to 237.142, [ and KRS 23
237.115,] 244.125, 527.020, and 527.070. 24
(19) The General Assembly finds as a matter of public policy that it is necessary to 25
provide statewide uniform standards for issuing licenses to carry concealed firearms 26
and to occupy the field of regulation of the bearing of concealed firearms to ensure 27
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that no person who qualifies under the provisions of this section is denied his or her 1
rights. The General Assembly does not delegate to the Department of Kentucky 2
State Police the authority to regulate or restrict the issu ing of licenses provided for 3
in this section beyond those provisions contained in this section. This section shall 4
be liberally construed to carry out the constitutional right to bear arms for self -5
defense. 6
(20) (a) A person who is not a resident of Kentucky and who has a valid license issued 7
by another state of the United States to carry a concealed deadly weapon in 8
that state may, subject to provisions of Kentucky law, carry a concealed 9
deadly weapon in Kentucky, and his or her license shall be considered as valid 10
in Kentucky. 11
(b) If a person with a valid license to carry a concealed deadly weapon issued 12
from another state that has entered into a reciprocity agreement with the 13
Department of Kentucky State Police becomes a resident of Kentucky, the 14
license issued by the other state shall be considered as valid for the first one 15
hundred twenty (120) days of the person's residence in Kentucky, if within 16
sixty (60) days of moving to Kentucky, the person completes a form 17
provided[promulgated] by the Department o f Kentucky State Police which 18
shall include: 19
1. A signed and notarized statement averring that to the best of his or her 20
knowledge the person's license to carry a concealed deadly weapon is 21
valid and in compliance with applicable out -of-state law, and has not 22
been revoked or suspended for any reason except for valid forfeiture due 23
to departure from the issuing state; 24
2. The person's name, date of birth, citizenship, gender, Social Security 25
number if applicable, proof that he or she is a citizen of the Unite d 26
States, a permanent resident of the United States, or otherwise lawfully 27
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present in the United States, former out -of-state address, current address 1
within the state of Kentucky, date on which Kentucky residence began, 2
state which issued the concealed car ry license, the issuing state's 3
concealed carry license number, and the state of issuance of the license; 4
and 5
3. A photocopy of the person's out -of-state license to carry a concealed 6
deadly weapon. 7
(c) Within sixty (60) days of moving to Kentucky, the pers on shall deliver the 8
form and accompanying documents by registered or certified mail, return 9
receipt requested, to the address indicated on the form provided by the 10
Department of Kentucky State Police pursuant to this subsection. 11
(d) The out -of-state conce aled carry license shall become invalid in Kentucky 12
upon the earlier of: 13
1. The out-of-state person having resided in Kentucky for more than one 14
hundred twenty (120) days; or 15
2. The person being issued a Kentucky concealed deadly weapon license 16
pursuant to this section. 17
(e) The Department of Kentucky State Police shall, not less than once every 18
twelve (12) months, make written inquiry of the concealed deadly weapon 19
carrying licensing authorities in each other state as to whether a Kentucky 20
resident may carr y a concealed deadly weapon in their state based upon 21
having a valid Kentucky concealed deadly weapon license, or whether a 22
Kentucky resident may apply for a concealed deadly weapon carrying license 23
in that state based upon having a valid Kentucky conceale d deadly weapon 24
license. The Department of Kentucky State Police shall attempt to secure from 25
each other state permission for Kentucky residents who hold a valid Kentucky 26
concealed deadly weapon license to carry concealed deadly weapons in that 27
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state, eith er on the basis of the Kentucky license or on the basis that the 1
Kentucky license is sufficient to permit the issuance of a similar license by the 2
other state. The Department of Kentucky State Police shall enter into a written 3
reciprocity agreement with th e appropriate agency in each state that agrees to 4
permit Kentucky residents to carry concealed deadly weapons in the other 5
state on the basis of a Kentucky -issued concealed deadly weapon license or 6
that will issue a license to carry concealed deadly weapon s in the other state 7
based upon a Kentucky concealed deadly weapon license. If a reciprocity 8
agreement is reached, the requirement to recontact the other state each twelve 9
(12) months shall be eliminated as long as the reciprocity agreement is in 10
force. Th e information shall be a public record and shall be available to 11
individual requesters free of charge for the first copy and at the normal rate 12
for open records requests for additional copies. 13
(21) By March 1 of each year, the Department of Kentucky State Police shall submit a 14
statistical report to the Governor, the President of the Senate, and the Speaker of the 15
House of Representatives, indicating the number of licenses issued, revoked, 16
suspended, and denied since the previous report and in total , and[ also] the number 17
of licenses currently valid. The report shall also include the number of arrests, 18
convictions, and types of crimes committed since the previous report by individuals 19
licensed to carry concealed weapons. 20
(22) The following provisions shall ap ply to concealed deadly weapon training classes 21
conducted by the Department of Criminal Justice Training or any other agency 22
pursuant to this section: 23
(a) No concealed deadly weapon instructor trainer shall have his or her 24
certification as a concealed deadly weapon instructor trainer reduced to that of 25
instructor or revoked except after a hearing conducted pursuant to KRS 26
Chapter 13B in which the instructor is found to have committed an act in 27
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violation of the applicable statutes or administrative regulations; 1
(b) No concealed deadly weapon instructor shall have his or her certification as a 2
concealed deadly weapon instructor license suspended or revoked except after 3
a hearing conducted pursuant to KRS Chapter 13B in which the instructor is 4
found to have com mitted an act in violation of the applicable statutes or 5
administrative regulations; 6
(c) The department shall not require prior notification that an applicant class or 7
instructor class will be conducted by a certified instructor or instructor trainer; 8
(d) Each concealed deadly weapon instructor or instructor trainer who teaches a 9
concealed deadly weapon applicant or concealed deadly weapon instructor 10
class shall supply the Department of Criminal Justice Training with a class 11
roster indicating which students enrolled and successfully completed the class, 12
and which contains the name and address of each student, within five (5) 13
working days of the completion of the class. The information may be sent by 14
mail, facsimile, email, or other method which will result i n the receipt of or 15
production of a hard copy of the information. The postmark, facsimile date, or 16
email date shall be considered as the date on which the notice was sent. 17
Concealed deadly weapon class applicant, instructor, and instructor trainer 18
information and records shall be confidential. The department may release to 19
any person or organization the name, address, and telephone number of a 20
concealed deadly weapon instructor or instructor trainer if that instructor or 21
instructor trainer authorizes the re lease of the information in writing. The 22
department shall include on any application for an instructor or instructor 23
trainer certification a statement that the applicant either does or does not 24
desire the applicant's name, address, and telephone number to be made public; 25
(e) An instructor trainer who assists in the conduct of a concealed deadly weapon 26
instructor class or concealed deadly weapon applicant class for more than two 27
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(2) hours shall be considered [ as] to have taught a class for the purpose of 1
maintaining his or her certification. All class record forms shall include spaces 2
for assistant instructors to sign and certify that they have assisted in the 3
conduct of a concealed deadly weapon instructor or concealed deadly weapon 4
class; 5
(f) An instructor who assists in the conduct of a concealed deadly weapon 6
applicant class for more than two (2) hours shall be considered [ as] to have 7
taught a class for the purpose of maintaining his or her license. All class 8
record forms shall include spaces for assistant instructors to sign and certify 9
that they have assisted in the conduct of a concealed deadly weapon class; 10
(g) 1. If the Department of Criminal Justice Training believes that a firearms 11
instructor trainer or certified firearms instructor has not in fact c omplied 12
with the requirements for teaching a certified firearms instructor or 13
applicant class by not teaching the class as specified in KRS 237.126, or 14
who has taught an insufficient class as specified in KRS 237.128, the 15
department shall send to each person who has been listed as successfully 16
completing the concealed deadly weapon applicant class or concealed 17
deadly weapon instructor class a verification form on which the time, 18
date, date of range firing if different from the date on which the class 19
was co nducted, location, and instructor of the class is listed by the 20
department and which requires the person to answer "yes" or "no" to 21
specific questions regarding the conduct of the training class. 22
2. The form shall be completed under oath and shall be retur ned to the 23
Department of Criminal Justice Training not later than forty -five (45) 24
days after its receipt. 25
3. A person who fails to complete the form, to sign the form, or to return 26
the form to the Department of Criminal Justice Training within the time 27
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frame specified in this section or who, as a result of information on the 1
returned form, is determined by the Department of Criminal Justice 2
Training, following a hearing pursuant to KRS Chapter 13B, to not have 3
received the training required by law shall hav e his or her concealed 4
deadly weapon license revoked by the Department of Kentucky State 5
Police, following a hearing conducted by the Department of Criminal 6
Justice Training pursuant to KRS Chapter 13B, at which hearing the 7
person is found to have violated the provisions of this section or who 8
has been found not to have received the training required by law; 9
(h) The department shall annually, not later than December 31 of each year, 10
report to the Legislative Research Commission: 11
1. The number of firearms instructor trainers and certified firearms 12
instructors whose certifications were suspended, revoked, denied, or 13
who were otherwise disciplined; 14
2. The reasons for the imposition of suspensions, revocations, denials, or 15
other discipline; and 16
3. Suggestions for improvement of the concealed deadly weapon applicant 17
training program and instructor process; 18
(i) If a concealed deadly weapon license holder is convicted of, pleads guilty to, 19
or enters an Alford plea to a felony offense, then his or her concealed deadly 20
weapon license shall be immediately[forthwith] revoked by the Department of 21
Kentucky State Police as a matter of law; 22
(j) If a concealed deadly weapon instructor or instructor trainer is convicted of, 23
pleads guilty to, or enters an Alford plea to a felony offense, then his or her 24
concealed deadly weapon instructor certification or concealed deadly weapon 25
instructor trainer certification shall be revoked by the Department of Criminal 26
Justice Training as a matter of law; and 27
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(k) The following shall be in effect: 1
1. Action to eliminate the firearms instructor trainer program is prohibited. 2
The program shall remain in effect, and no firearms instructor trainer 3
shall have his or her certification reduced to that of certified firearms 4
instructor; 5
2. The Department of Kentucky State Police shall revoke the concealed 6
deadly weapon license of any person who received no fi rearms training 7
as required by KRS 237.126 and administrative regulations, or who 8
received insufficient training as required by KRS 237.128 and 9
administrative regulations, if the person voluntarily admits nonreceipt of 10
training or admits receipt of insuffi cient training, or if either nonreceipt 11
of training or receipt of insufficient training is proven following a 12
hearing conducted by the Department of Criminal Justice Training 13
pursuant to KRS Chapter 13B. 14
Section 3. KRS 527.020 is amended to read as follows: 15
(1) A person is guilty of carrying a concealed weapon when he or she carries concealed 16
a firearm or other deadly weapon on or about his or her person in violation of this 17
section. 18
(2) Peace officers and certif ied court security officers, when necessary for their 19
protection in the discharge of their official duties; United States mail carriers when 20
actually engaged in their duties; and agents and messengers of express companies, 21
when necessary for their protecti on in the discharge of their official duties, may 22
carry concealed weapons on or about their person. 23
(3) The director of the Division of Law Enforcement in the Department of Fish and 24
Wildlife Resources, game wardens of the Department of Fish and Wildlife 25
Resources, and policemen directly employed by state, county, city, or urban -county 26
governments may carry concealed deadly weapons on or about their person at all 27
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times within the Commonwealth of Kentucky, when expressly authorized to do so 1
by law or by the government employing the officer. 2
(4) Persons carrying concealed weapons in accordance with KRS 237.109 or licensed 3
to carry a concealed deadly weapon pursuant to KRS 237.110 may carry a 4
concealed firearm or other concealed deadly weapon on or about their p ersons at all 5
times within the Commonwealth of Kentucky, if the firearm or concealed deadly 6
weapon is carried in conformity with the requirements of KRS 237.109 or 237.110. 7
Unless otherwise specifically provided by the Kentucky Revised Statutes or 8
applicable federal law, a[no] criminal penalty shall not attach to carrying a 9
concealed firearm or other deadly weapon at any location at which an unconcealed 10
firearm or other deadly weapon may be constitutionally carried. A[No] person or 11
organization, public or p rivate, shall not prohibit a person from possessing a 12
firearm, ammunition, or both, or other deadly weapon in his or her vehicle in 13
compliance with the provisions of KRS 237.109 and[,] 237.110[, and 237.115] . 14
Any attempt by a person or organization, public or private, to violate the provisions 15
of this subsection may be the subject of an action for appropriate relief or for 16
damages in a Circuit Court or District Court of competent jurisdiction. 17
(5) (a) The following persons, if they hold a license to carry a concealed deadly 18
weapon pursuant to KRS 237.110 or 237.138 to 237.142, may carry a firearm 19
or other concealed deadly weapon on or about their persons at all times and at 20
all locations within the Commonwealth of Kentucky, without any limitation 21
other than as provided in this subsection: 22
1. A Commonwealth's attorney or assistant Commonwealth's attorney; 23
2. A retired Commonwealth's attorney or retired assistant Commonwealth's 24
attorney; 25
3. A county attorney or assistant county attorney; 26
4. A retired county attorney or retired assistant county attorney; 27
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5. A justice or judge of the Court of Justice; 1
6. A retired or senior status justice or judge of the Court of Justice; and 2
7. A retired peace officer who holds a concealed deadly weapon license 3
issued pursuant to the federal Law Enforcement Officers Safety Act, 18 4
U.S.C. sec. 926C, and KRS 237.138 to 237.142. 5
(b) The provisions of this subsection shall not authorize a person specified in this 6
subsection to carry a concealed deadly weapon in a detention facility as 7
defined in KRS 520.010 or on the premises of a detention facility without the 8
permission of the warden, jailer, or other person in charge of the facility, or 9
the permission of a person authorized by the warden, jailer, or other person in 10
charge of the det ention facility to give the[such] permission. As used in this 11
section, "detention facility" does not include courtrooms, facilities, or other 12
premises used by the Court of Justice or administered by the Administrative 13
Office of the Courts. 14
(c) A person spe cified in this section who is issued a concealed deadly weapon 15
license shall be issued a license which bears on its face the statement that it is 16
valid at all locations within the Commonwealth of Kentucky and may have 17
such other identifying characteristics as determined by the Department of 18
Kentucky State Police. 19
(6) (a) Except as provided in this subsection, the following persons may carry 20
concealed deadly weapons on or about their person at all times and at all 21
locations within the Commonwealth of Kentucky: 22
1. An elected sheriff and full -time and part -time deputy sheriffs certified 23
pursuant to KRS 15.380 to 15.404 when expressly authorized to do so 24
by the unit of government employing the officer; 25
2. An elected jailer and a deputy jailer who has successfully completed 26
Department of Corrections basic training and maintains his or her 27
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current in-service training when expressly authorized to do so by the 1
jailer; and 2
3. The department head or any employee of a corrections department in 3
any jurisdiction where the office of elected jailer has been merged with 4
the office of sheriff who has successfu lly completed Department of 5
Corrections basic training and maintains his or her current in -service 6
training when expressly authorized to do so by the unit of government 7
by which he or she is employed. 8
(b) The provisions of this subsection shall not authori ze a person specified in this 9
subsection to carry a concealed deadly weapon in a detention facility as 10
defined in KRS 520.010 or on the premises of a detention facility without the 11
permission of the warden, jailer, or other person in charge of the facility , or 12
the permission of a person authorized by the warden, jailer, or other person in 13
charge of the detention facility to give such permission. As used in this 14
section, "detention facility" does not include courtrooms, facilities, or other 15
premises used by the Court of Justice or administered by the Administrative 16
Office of the Courts. 17
(7) (a) A full-time paid peace officer of a government agency from another state or 18
territory of the United States or an elected sheriff from another territory of the 19
United States may carry a concealed deadly weapon in Kentucky, on or off 20
duty, if the other state or territory accords a Kentucky full -time paid peace 21
officer and a Kentucky elected sheriff the same rights by law. If the other state 22
or territory limits a Kentucky full-time paid peace officer or elected sheriff to 23
carrying a concealed deadly weapon while on duty, then that same restriction 24
shall apply to a full-time paid peace officer or elected sheriff from that state or 25
territory. 26
(b) The provisions of this subsec tion shall not authorize a person specified in this 27
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subsection to carry a concealed deadly weapon in a detention facility as 1
defined in KRS 520.010 or on the premises of a detention facility without the 2
permission of the warden, jailer, or other person in charge of the facility, or 3
the permission of a person authorized by the warden, jailer, or other person in 4
charge of the detention facility to give such permission. As used in this 5
section, "detention facility" does not include courtrooms, facilities, or o ther 6
premises used by the Court of Justice or administered by the Administrative 7
Office of the Courts. 8
(8) A loaded or unloaded firearm or other deadly weapon shall not be deemed 9
concealed on or about the person if it is located in any enclosed container, 10
compartment, or storage space installed as original equipment in a motor vehicle by 11
its manufacturer, including but not limited to a glove compartment, center console, 12
or seat pocket, regardless of whether said enclosed container, storage space, or 13
compartment is locked, unlocked, or does not have a locking mechanism. A[No] 14
person or organization, public or private, shall not prohibit a person from keeping a 15
loaded or unloaded firearm or ammunition, or both, or other deadly weapon in a 16
vehicle in accordance with the provisions of this subsection. Any attempt by a 17
person or organization, public or private, to violate the provisions of this subsection 18
may be the subject of an action for appropriate relief or for damages in a Circuit 19
Court or District Court of competent jurisdiction. This subsection shall not apply to 20
any person prohibited from possessing a firearm pursuant to KRS 527.040. 21
(9) The provisions of this section shall not apply to a person who carries a concealed 22
deadly weapon on or about his or her person: 23
(a) If he or she is the owner of the property or has the permission of the owner of 24
the property, on real property which he or she or his or her spouse, parent, 25
grandparent, or child owns; 26
(b) If he or she is the lessee of the property or has the p ermission of the lessee of 27
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the property, on real property which he or she or his or her spouse, parent, 1
grandparent, or child occupies pursuant to a lease; or 2
(c) If he or she is the sole proprietor of the business, on real property owned or 3
leased by the business. 4
(10) Carrying a concealed weapon is a Class A misdemeanor, unless the defendant has 5
been previously convicted of a felony in which a deadly weapon was possessed, 6
used, or displayed, in which case it is a Class D felony. 7
Section 4. KRS 527.070 is amended to read as follows: 8
(1) A person is guilty of unlawful possession of a weapon on school property when he 9
or she knowingly deposits, possesses, or carries, whether openly or concealed, for 10
purposes other than inst ructional or school -sanctioned ceremonial purposes, or the 11
purposes permitted in subsection (3) of this section, any firearm or other deadly 12
weapon, destructive device, or booby trap device in any public or private school 13
building or bus, on any public or private school campus, grounds, recreation area, 14
athletic field, or any other property owned, used, or operated by any board of 15
education, school, board of trustees, regents, or directors for the administration of 16
any public or private educational institution. The provisions of this section shall not 17
apply to institutions of postsecondary or higher education. 18
(2) Each chief administrator of a public or private school shall display about the school 19
in prominent locations, including, but not limited to, sport s arenas, gymnasiums, 20
stadiums, and cafeterias, a sign at least six (6) inches high and fourteen (14) inches 21
wide stating: 22
UNLAWFUL POSSESSION OF A WEAPON ON SCHOOL 23
PROPERTY IN KENTUCKY IS A FELONY PUNISHABLE 24
BY A MAXIMUM OF FIVE (5) YEARS IN PRISON AND A 25
TEN THOUSAND DOLLAR ($10,000) FINE. 26
Failure to post the sign shall not relieve any person of liability under this section. 27
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(3) The provisions of this section prohibiting the unlawful possession of a weapon on 1
school property shall not apply to: 2
(a) An adu lt who is not a pupil of any secondary school and who possesses a 3
firearm, if the firearm is contained within a vehicle operated by the adult and 4
is not removed from the vehicle, except for a purpose permitted in this 5
section[herein], or brandished by the adult, or by any other person acting with 6
expressed or implied consent of the adult, while the vehicle is on school 7
property; 8
(b) Any pupils who are members of the reserve officers training corps or pupils 9
enrolled in a course of instruction or members of a school club or team, to the 10
extent they are required to carry arms or weapons in the discharge of their 11
official class or team duties; 12
(c) Any peace officer or police officer authorized to carry a concealed weapon 13
pursuant to KRS 527.020; 14
(d) Persons employed by the Armed Forces of the United States or members of 15
the National Guard or militia when required in the discharge of their official 16
duties to carry arms or weapons; 17
(e) Civil officers of the United States in the discharge of their official duties. 18
[Nothing in ] This section shall not be construed as to allow any person to 19
carry a concealed weapon into a public or private elementary or secondary 20
school building; 21
(f) Any oth er persons, including, but not limited to, exhibitors of historical 22
displays, who have been authorized to carry a firearm by the board of 23
education or board of trustees of the public or private institution; 24
(g) A person hunting during the lawful hunting se ason on lands owned by any 25
public or private educational institution and designated as open to hunting by 26
the board of education or board of trustees of the educational institution; 27
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(h) A person possessing unloaded hunting weapons while traversing the grou nds 1
of any public or private educational institution for the purpose of gaining 2
access to public or private lands open to hunting with the intent to hunt on the 3
public or private lands, unless the lands of the educational institution are 4
posted prohibiting the entry;[ or] 5
(i) A person possessing guns or knives when conducting or attending a "gun and 6
knife show" when the program has been approved by the board of education 7
or board of trustees of the educational institution; or 8
(j) A person with a valid licen se to carry concealed deadly weapons issued 9
pursuant to Section 2 of this Act, except pupils attending schools subject to 10
any policy adopted under KRS 158.150(2) or other law required under 20 11
U.S.C. sec. 7961. 12
(4) Unlawful possession of a weapon on school property is a Class D felony. 13
Section 5. The following KRS section is repealed: 14
237.115 Construction of KRS 237.110 -- Prohibition by local government units of 15
carrying concealed deadly weapons in governmental buildin gs -- Restriction on 16
criminal penalties. 17