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 237.109 is amended to read as follows: 3
(1) Persons age eighteen (18)[twenty-one (21)] or older, and otherwise able to lawfully 4
possess a firearm, may carry concealed firearms or other concealed deadly weapons 5
without a license in t he same locations as persons with valid licenses issued under 6
KRS 237.110. 7
(2) [Nothing in ]This section shall not be construed to allow the carrying or possession 8
of any deadly weapon where it is prohibited by federal law. 9
Section 2. KRS 237.110 is amended to read as follows: 10
(1) The Department of Kentucky State Police is authorized to issue and renew licenses 11
to carry concealed firearms or other deadly weapons, or a combination thereof, to 12
persons qualified as provided in this section. 13
(2) An original or renewal license issued pursuant to this section shall: 14
(a) Be valid throughout the Commonwealth and, except as provided in this 15
section or other specific section of the Kentucky Revised Statutes or federal 16
law, permit the holder of the license to carry firearms, ammunition, or other 17
deadly weapons, or a combinatio n thereof, at any location in the 18
Commonwealth; 19
(b) Unless revoked or suspended as provided by law, be valid for a period of five 20
(5) years from the date of issuance; 21
(c) Authorize the holder of the license to carry a concealed firearm or other 22
deadly weapon, or a combination thereof, on or about his or her person; and 23
(d) Authorize the holder of the license to carry ammunition for a firearm on or 24
about his or her person. 25
(3) Prior to the issuance of an original or renewal license to carry a concealed deadl y 26
weapon, the Department of Kentucky State Police, upon receipt of a completed 27
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application, applicable fees, and any documentation required by this section or 1
administrative regulation promulgated by the Department of Kentucky State Police, 2
shall conduct a background check to ascertain whether the applicant is eligible 3
under 18 U.S.C. sec. 922(g) and (n), any other applicable federal law, and state law 4
to purchase, receive, or possess a firearm or ammunition, or both. The background 5
check shall include: 6
(a) A state records check covering the items specified in this subsection, together 7
with any other requirements of this section; 8
(b) A federal records check, which shall include a National Instant Criminal 9
Background Check System (NICS) check; 10
(c) A federal I mmigration Alien Query if the person is an alien who has been 11
lawfully admitted to the United States by the United States government or an 12
agency thereof; and 13
(d) In addition to the Immigration Alien Query, if the applicant has not been 14
lawfully admitted t o the United States under permanent resident status, the 15
Department of Kentucky State Police shall, if a doubt exists relating to an 16
alien's eligibility to purchase a firearm, consult with the United States 17
Department of Homeland Security, United States De partment of Justice, 18
United States Department of State, or other federal agency to confirm whether 19
the alien is eligible to purchase a firearm in the United States, bring a firearm 20
into the United States, or possess a firearm in the United States under fed eral 21
law. 22
(4) The Department of Kentucky State Police shall issue an original or renewal license 23
if the applicant: 24
(a) Is not prohibited from the purchase, receipt, or possession of firearms, 25
ammunition, or both pursuant to 18 U.S.C. sec. 922(g) and (n) [, 18 U.S.C. 26
922(n)], or applicable federal or state law; 27
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(b) 1. Is a citizen of the United States who is a resident of this 1
Commonwealth; 2
2. Is a citizen of the United States who is a member of the Armed Forces 3
of the United States who is on active duty, who is at the time of 4
application assigned to a military posting in Kentucky; 5
3. Is lawfully admitted to the United States by the United States 6
government or an agency thereof, is permitted by federal law to 7
purchase a firearm, and is a resident of this Commonwealth; or 8
4. Is lawfully admitted to the United States by the United States 9
government or an agency thereof ;[,] is permitted by federal law to 10
purchase a firearm ;[,] is, at the time of the application, assigned to a 11
military posting in Kentucky ;[,] and has been assigned to a posting in 12
the Commonwealth; 13
(c) Is eighteen (18)[twenty-one (21)] years of age or older; 14
(d) Has not been committed to a state or federal facility for the abuse of a 15
controlled substance or been convicted of a misdemeanor violation o f KRS 16
Chapter 218A or similar laws of any other state relating to controlled 17
substances, within a three (3) year period immediately preceding the date on 18
which the application is submitted; 19
(e) Does not chronically and habitually use alcoholic beverages as evidenced by 20
the applicant having two (2) or more convictions for violating KRS 189A.010 21
within the three (3) years immediately preceding the date on which the 22
application is submitted, or having been committed as an alcoholic pursuant to 23
KRS Chapter 222 or similar laws of another state within the three (3) year 24
period immediately preceding the date on which the application is submitted; 25
(f) Does not owe a child support arrearage which equals or exceeds the 26
cumulative amount which would be owed after one (1) year of nonpayment, if 27
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the Department of Kentucky State Police has been notified of the arrearage by 1
the Office of the Attorney General; 2
(g) Has complied with any subpoena or warrant relating to child support or 3
paternity proceedings. If the Department of Kentucky State Police has not 4
been notified by the Office of the Attorney General that the applicant has 5
failed to meet this requirement, the Department of Kentucky State Police shall 6
assume that paternity and child support proceedings are not an issue; 7
(h) Has not been convicted of a violation of KRS 508.030 or 508.080 within the 8
three (3) years immediately preceding the date on which the application is 9
submitted. The commissioner of the Department of Kentucky State Police 10
may waive this requirement upo n good cause shown and a determination that 11
the applicant is not a danger and that a waiver would not violate federal law; 12
(i) Demonstrates competence with a firearm by successful completion of a 13
firearms safety or training course that is conducted by a fi rearms instructor 14
who is certified by a national organization with membership open to residents 15
of any state or territory of the United States, which was created to promote 16
firearms education, safety, and the profession of firearms use and training, and 17
to foster professional behavior in its members. The organization shall require 18
members to adhere to its own code of ethics and conduct a program which 19
certifies firearms instructors and includes the use of written tests, in person 20
instruction, and a componen t of live -fire training. These national 21
organizations shall include but are not limited to the National Rifle 22
Association, the United States Concealed Carry Association, and the National 23
Shooting Sports Foundation. The training requirement may also be fulf illed 24
through any firearms safety course offered or approved by the Department of 25
Criminal Justice Training. The firearms safety course offered or approved by 26
the Department of Criminal Justice Training shall: 27
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1. Be not more than eight (8) hours in length; 1
2. Include instruction on handguns, the safe use of handguns, the care and 2
cleaning of handguns, and handgun marksmanship principles; 3
3. Include actual range firing of a handgun in a safe manner, and the firing 4
of not more than twenty (20) rounds at a ful l-size silhouette target, 5
during which firing, not less than eleven (11) rounds must hit the 6
silhouette portion of the target; and 7
4. Include information on and a copy of laws relating to possession and 8
carrying of firearms, as set forth in KRS Chapters 237 and 527, and the 9
laws relating to the use of force, as set forth in KRS Chapter 503; and 10
(j) Demonstrates knowledge of the law regarding the justifiable use o f force by 11
including with the application a copy of the concealed carry deadly weapons 12
legal handout made available by the Department of Criminal Justice Training 13
and a signed statement that indicates the[that] applicant has read and 14
understands the handout. 15
(5) (a) A legible photocopy or electronic copy of a certificate of completion issued 16
by a firearms instructor certified by a national organization or the Department 17
of Criminal Justice Training shall constitute evidence of qualification under 18
subsection (4)(i) of this section. 19
(b) Persons qualifying under subsection (6)(d) of this section may submit with 20
their application: 21
1. At least one (1) of the following paper or electronic forms or their 22
successor forms showing evidence of handgun training or handg un 23
qualifications: 24
a. Department of Defense Form DD 2586; 25
b. Department of Defense Form DD 214; 26
c. Coast Guard Form CG 3029; 27
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d. Department of the Army Form DA 88-R; 1
e. Department of the Army Form DA 5704-R; 2
f. Department of the Navy Form OPNAV 3591-1; or 3
g. Department of the Air Force Form AF 522; or 4
2. a. Documentary evidence of an honorable discharge; and 5
b. A notarized affidavit on a form provided by the Department of 6
Kentucky State Police, signed under penalty of perjury, stating the 7
person has met the training requirements of subsection (6)(d) of 8
this section. 9
(6) (a) Peace officers who are currently certified as peace officers by the Kentucky 10
Law Enforcement Council pursuant to KRS 15.380 to 15.404 and peace 11
officers who are retired and are members of the Kentucky Employees 12
Retirement System, State Police Retirement System, [ or] County Employees 13
Retirement System , or other retirement system operated by or for a city, 14
county, or urban -county government in Kentucky shall be deemed to have 15
met the training requirement. 16
(b) Current and retired peace officers of the following federal agencies shall be 17
deemed to have met the training requirement: 18
1. Any peace officer employed by a federal agency specified in KRS 19
61.365; 20
2. Any peace officer employed by a feder al civilian law enforcement 21
agency not specified above who has successfully completed the basic 22
law enforcement training course required by that agency; 23
3. Any military peace officer of the United States Army, Navy, Marine 24
Corps, or Air Force, or a reserve component thereof, or of the Army 25
National Guard or Air National Guard who has successfully completed 26
the military law enforcement training course required by that branch of 27
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the military; 1
4. Any member of the United States Coast Guard serving in a peace officer 2
role who has successfully completed the law enforcement training 3
course specified by the United States Coast Guard. 4
(c) Corrections officers who are currently employed by a consolidated local 5
government, an urban -county government, or the Department of Corrections 6
who have successfully completed a basic firearms training course required for 7
their employment, and corrections officers who were formerly employed by a 8
consolidated local government, an urban -county government, or the 9
Department of Corrections who are retired, and who successfully completed a 10
basic firearms training course required for their employment, and are 11
members of a state-administered retirement system or other retirement system 12
operated by or for a city, county, or urban -county gov ernment in Kentucky 13
shall be deemed to have met the training requirement. 14
(d) Active or honorably discharged service members in the United States Army, 15
Navy, Marine Corps, Air Force, or Coast Guard, or a reserve component 16
thereof, or of the Army National G uard or Air National Guard shall be 17
deemed to have met the training requirement if these persons: 18
1. Successfully completed handgun training which was conducted by the 19
United States Army, Navy, Marine Corps, Air Force, or Coast Guard, or 20
a reserve componen t thereof, or of the Army National Guard or Air 21
National Guard; or 22
2. Successfully completed handgun qualification within the United States 23
Army, Navy, Marine Corps, Air Force, or Coast Guard, or a reserve 24
component thereof, or of the Army Guard or Air Force National Guard. 25
(7) (a) 1. A paper application for a license, or renewal of a license, to carry a 26
concealed deadly weapon shall be obtained from and submitted to the 27
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office of the sheriff in the county in which the person resides. 1
2. An applicant, in lieu of a paper application, may submit an electronic 2
application for a license, or renewal of a license, to carry a concealed 3
deadly weapon to the Department of Kentucky State Police. 4
3. Persons qualifying under subsection (6)(d) of this section shall be 5
supplied the information in subsection (4)(i)4. of this section upon 6
obtaining an application. 7
(b) 1. The completed paper application and any documentation required by 8
this section plus an application fee or renewal fee, as appropriate, of 9
sixty dollars ($60) shall be presented to the office of the sheriff of the 10
county in which the applicant resides. 11
2. The sheriff shall transmit the paper application and accompanying 12
material to the Department of Kentucky State Police within five (5) 13
working days. 14
3. Twenty dollars ($20) of the paper application fee shall be retained by the 15
office of the sheriff for official expenses of the office. Twenty dollars 16
($20) shall be sent to the Department of Kentucky State Police with the 17
application. Ten dolla rs ($10) shall be transmitted by the sheriff to the 18
Administrative Office of the Courts to fund background checks for 19
youth leaders, and ten dollars ($10) shall be transmitted to the 20
Administrative Office of the Courts to fund background checks for 21
applicants for concealed weapon carry permits[weapons]. 22
(c) 1. A completed electronic application submitted in lieu of a paper 23
application, any documentation required by this section, and an 24
application fee or renewal fee, as appropriate, of seventy dollars ($70) 25
shall be presented to the Department of Kentucky State Police. 26
2. If an electronic application is submitted in lieu of a paper application, 27
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thirty dollars ($30) of the electronic application fee shall be retained by 1
the Department of Kentucky State Police . Twenty dollars ($20) shall be 2
sent to the office of the sheriff of the applicant's county of residence for 3
official expenses of the office. Ten dollars ($10) shall be transmitted to 4
the Administrative Office of the Courts to fund background checks for 5
youth leaders, and ten dollars ($10) shall be transmitted to the 6
Administrative Office of the Courts to fund background checks for 7
applicants for concealed weapon carry permits. 8
(d) A full -time or part -time peace officer who is currently certified as a peace 9
officer by the Kentucky Law Enforcement Council and who is authorized by 10
his or her employer or government authority to carry a concealed deadly 11
weapon at all times and all locations within the Commonwealth pursuant to 12
KRS 527.020, or a retired peace offi cer who is a member of the Kentucky 13
Employees Retirement System, State Police Retirement System, County 14
Employees Retirement System, or other retirement system operated by or for 15
a city, county, or urban -county government in Kentucky, shall be exempt 16
from paying the paper or electronic application or renewal fees. 17
(e) The application, whether paper or electronic, shall be completed, under oath, 18
on a form or in a manner established[promulgated] by the Department of 19
Kentucky State Police by administrative reg ulation promulgated pursuant to 20
KRS Chapter 13A which shall include: 21
1. a. The name, address, place and date of birth, citizenship, gender, 22
and Social Security number of the applicant; and 23
b. If not a citizen of the United States, alien registration number if 24
applicable, passport number, visa number, mother's maiden name, 25
and other information necessary to determine the immigration 26
status and eligibility to purchase a firearm under federal law of a 27
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person who is not a citizen of the United States; 1
2. A statement that, to the best of his or her knowledge, the applicant is in 2
compliance with criteria contained within subsections (3) and (4) of this 3
section; 4
3. A statement that the applicant, if qualifying under subsection (6)(d) of 5
this section, has provided: 6
a. At least one (1) of the forms listed in subsection (5) of this section; 7
or 8
b. i. Documentary evidence of an honorable discharge; and 9
ii. A notarized affidavit on a form provided by the Department 10
of Kentucky State Police stating the person has met the 11
training requirements of subsection (6)(d) of this section; 12
4. A statement that the applicant has been furnished a copy of this section 13
and is knowledgeable about its provisions; 14
5. A statement that the applicant has been furnished a copy of, has read, 15
and understands KRS Chapter 503 as it pertains to the use of deadly 16
force for self-defense in Kentucky; and 17
6. A conspicuous warning that the application is executed under oath and 18
that a materially false answer to any question, or the submission of any 19
materially false document by the applicant, subjects the applicant to 20
criminal prosecution under KRS 523.030. 21
(8) The applicant shall submit to the sheriff of the applicant's county of residence or 22
county of military posting if submitting a paper application, or to the Department of 23
Kentucky State Police if submitting an electronic application: 24
(a) A completed application as described in subsection (7) of this section; 25
(b) A recent color photograph of the applicant, as prescribed by administrative 26
regulation; 27
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(c) A paper or electronic certificate ,[ or] an affidavit, or a document as described 1
in subsection (5) of this section; 2
(d) A paper or electronic document establishing the training exemption as 3
described in subsection (6) of this section; and 4
(e) For an applicant who is not a citizen of the United States and has been 5
lawfully admitted to the United States by the United States g overnment or an 6
agency thereof, an affidavit as prescribed by administrative regulation 7
concerning his or her immigration status and his or her United States 8
government-issued[government issued]: 9
1. Permanent Resident Card I -551 or its equivalent successor 10
identification; 11
2. Other United States government-issued[government issued] evidence of 12
lawful admission to the United States which includes the category of 13
admission, if admission has not been granted as a permanent resident; 14
and 15
3. Evidence of compliance with the provisions of 18 U.S.C. sec. 922(g)(5), 16
18 U.S.C. sec. 922(d)(5), or 18 U.S.C. sec. 922(y)(2), and 27 C.F.R. pt. 17
178, including, as appropriate, but not limited to evidence of ninety (90) 18
day residence in the Commonwealth, a valid current Kentucky hunting 19
license if claiming exemption as a hunter, or other evidence of eligibility 20
to purchase a firearm by an alien which is required by federal law or 21
regulation. 22
If an applicant presents identification specified in this paragraph, the sheriff 23
shall examine the identification, may record information from the 24
identification presented, and shall return the identification to the applicant. 25
(9) The Department of Kentucky State Police shall, within sixty (60) days after the date 26
of receipt of the items listed in subsection (8) of this section if the applicant 27
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submitted a paper ap plication, or within fifteen (15) business days after the date of 1
receipt of the items listed in subsection (8) of this section if the applicant applied 2
electronically, either: 3
(a) Issue the license; or 4
(b) Deny the application based solely on the grounds that the applicant fails to 5
qualify under the criteria listed in subsection (3) or (4) of this section. If the 6
Department of Kentucky State Police denies the application, it shall notify the 7
applicant in writing, stating the grounds for denial and informing the applicant 8
of a right to submit, within thirty (30) days, any additional documentation 9
relating to the grounds of denial. Upon receiving any additional 10
documentation, the Department of Kentucky State Police shall reconsider its 11
decision and inform the applicant within twenty (20) days of the result of the 12
reconsideration. The applicant shall further be informed of the right to seek de 13
novo review of the denial in the District Court of his or her place of residence 14
within ninety (90) days from the date of the letter advising the applicant of the 15
denial. 16
(10) The Department of Kentucky State Police shall maintain an automated listing of 17
license holders and pertinent information, and this information shall be available 18
upon request [,] at all times to all K entucky, federal, and other states' law 19
enforcement agencies. A request for the entire list of licensees, or for all licensees 20
in a geographic area, shall be denied. Only requests relating to a named licensee 21
shall be honored or available to law enforcemen t agencies. Information on 22
applications for licenses, names and addresses, or other identifying information 23
relating to license holders shall be confidential and shall not be made available 24
except to law enforcement agencies. No request for lists of local or statewide permit 25
holders shall be made to any state or local law enforcement agency, peace officer, 26
or other agency of government other than the Department of Kentucky State Police, 27
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and no state or local law enforcement agency, peace officer, or agency of 1
government, other than the Department of Kentucky State Police, shall provide any 2
information to any requester not entitled to it by law. 3
(11) Within thirty (30) days after the changing of a permanent address, or within thirty 4
(30) days after the loss, theft, or destruction of a license, the licensee shall notify the 5
Department of Kentucky State Police of the loss, theft, or destruction. Failure to 6
notify the Department of Kentucky State Police shall constitute a noncriminal 7
violation with a penalty of t wenty-five dollars ($25) payable to the clerk of the 8
District Court. No court costs shall be assessed for a violation of this subsection. 9
When a licensee makes application to change his or her residence address or other 10
information on the license, neither the sheriff nor the Department of Kentucky State 11
Police shall require a surrender of the license until a new license is in the office of 12
the applicable sheriff and available for issuance. Upon the issuance of a new 13
license, the old license shall be destroyed by the sheriff. 14
(12) If a license is lost, stolen, or destroyed, the license shall be automatically invalid, 15
and the person to whom the same was issued may, upon payment of fifteen dollars 16
($15) for a paper request, or twenty -five dollars ($25) for an e lectronic request 17
submitted in lieu of a paper request, to the Department of Kentucky State Police, 18
obtain a duplicate, upon furnishing a notarized statement to the Department of 19
Kentucky State Police that the license has been lost, stolen, or destroyed. 20
(13) (a) The commissioner of the Department of Kentucky State Police, or his or her 21
designee in writing, shall revoke the license of any person who becomes 22
permanently ineligible to be issued a license or have a license renewed under 23
the criteria set forth in this section. 24
(b) The commissioner of the Department of Kentucky State Police, or his or her 25
designee in writing, shall suspend the license of any person who becomes 26
temporarily ineligible to be issued a license or have a license renewed under 27
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the criteria set forth in this section. The license shall remain suspended until 1
the person is again eligible for the issuance or renewal of a license. 2
(c) Upon the suspension or revocation of a license, the commissioner of the 3
Department of Kentucky State Police, or his or her designee in writing, shall: 4
1. Order any peace officer to seize the license from the person whose 5
license was suspended or revoked; or 6
2. Direct the person whose license was suspended or revoked to surrender 7
the license to the sheriff of the person's county of residence within two 8
(2) business days of the receipt of the notice. 9
(d) If the person whose license was suspended or revoked desires a hearing on the 10
matter, the person shall surrender the license as provided in paragraph (c)2. of 11
this subsection and petition the commissioner of the Department of Kentucky 12
State Police to hold a hearing on the issue of suspension or revocation of the 13
license. 14
(e) Upon receipt of the petition, the commissioner of the Department of Kentucky 15
State Police shall cause a hearing to be held in accordance with KRS Chapter 16
13B on the suspension or revocation of the license. If the license has not been 17
surrendered, no hearing shall be scheduled or held. 18
(f) If the hearing officer determines that the licensee's licen se was wrongly 19
suspended or revoked, the hearing officer shall order the commissioner of the 20
Department of Kentucky State Police to return the license and abrogate the 21
suspension or revocation of the license. 22
(g) Any party may appeal a decision pursuant to this subsection to the District 23
Court in the licensee's county of residence in the same manner as for the 24
denial of a license. 25
(h) If the license is not surrendered as ordered, the commissioner of the 26
Department of Kentucky State Police shall order a peac e officer to seize the 27
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license and deliver it to the commissioner. 1
(i) Failure to surrender a suspended or revoked license as ordered is a Class A 2
misdemeanor. 3
(j) The provisions of this subsection relating to surrender of a license shall not 4
apply if a court of competent jurisdiction has enjoined its surrender. 5
(k) When a domestic violence order or emergency protective order is issued 6
pursuant to the provisions of KRS Chapter 403 against a person holding a 7
license issued under this section, the holder of t he permit shall surrender the 8
license to the court or to the officer serving the order. The officer to whom the 9
license is surrendered shall immediately[forthwith] transmit the license to the 10
court issuing the order. The license shall be suspended until th e order is 11
terminated, or until the judge who issued the order terminates the suspension 12
prior to the termination of the underlying domestic violence order or 13
emergency protective order, in writing and by return of the license, upon 14
proper motion by the li cense holder. Subject to the same conditions as above, 15
a peace officer against whom an emergency protective order or domestic 16
violence order has been issued shall not be permitted to carry a concealed 17
deadly weapon when not on duty, the provisions of KRS 5 27.020 to the 18
contrary notwithstanding. 19
(14) (a) Not less than one hundred twenty (120) days prior to the expiration date of the 20
license, the Department of Kentucky State Police shall mail to each licensee a 21
written notice of the expiration and a renewal f orm prescribed by the 22
Department of Kentucky State Police. The outside of the envelope containing 23
the license renewal notice shall bear only the name and address of the 24
applicant. No other information relating to the applicant shall appear on the 25
outside of the envelope sent to the applicant. The licensee may renew his or 26
her license on or before the expiration date by filing with the sheriff of his or 27
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her county of residence the paper renewal form, or by filing with the 1
Department of Kentucky State Police an electronic renewal form in lieu of a 2
paper renewal form, stating that the licensee remains qualified pursuant to the 3
criteria specified in subsections (3) and (4) of this section, and the required 4
renewal fee set forth in subsection (7) of this section. The sheriff shall issue to 5
the applicant a receipt for the paper application for renewal of the license and 6
shall date the receipt. The Department of Kentucky State Police shall issue to 7
the applicant a receipt for an electronic application for renewal of the license 8
submitted in lieu of a paper application for renewal and shall date the receipt. 9
(b) A license which has expired shall be void and shall not be valid for any 10
purpose other than surrender to the sheriff in exchange for a renewal license. 11
(c) The license shall be renewed to a qualified applicant upon receipt of the 12
completed renewal application, records check as specified in subsection (3) of 13
this section, determination that the renewal applicant is not ineligible for a 14
license as specified in subsection (4) of this section, and appropriate payment 15
of fees. Upon the issuance of a new license, the old licens e shall be destroyed 16
by the sheriff. A licensee who fails to file a renewal application on or before 17
its expiration date may renew his or her license by paying, in addition to the 18
license fees, a late fee of fifteen dollars ($15). No license shall be renew ed six 19
(6) months or more after its expiration date, and the license shall be deemed to 20
be permanently expired six (6) months after its expiration date. A person 21
whose license has permanently expired may reapply for licensure pursuant to 22
subsections (7), (8), and (9) of this section. 23
(15) The licensee shall carry the license at all times the licensee is carrying a concealed 24
firearm or other deadly weapon and shall display the license upon request of a law 25
enforcement officer. Violation of the provisions of this subsection shall constitute a 26
noncriminal violation with a penalty of twenty -five dollars ($25), payable to the 27
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clerk of the District Court, but no court costs shall be assessed. 1
(16) Except as provided in KRS 527.020, no license issued pursuant to th is section shall 2
authorize any person to carry a concealed firearm into: 3
(a) Any police station or sheriff's office; 4
(b) Any detention facility, prison, or jail; 5
(c) Any courthouse[,] solely occupied by the Court of Justice, courtroom, or court 6
proceeding; 7
(d) Any meeting of the governing body of a county, municipality, or special 8
district; or any meeting of the General Assembly or a committee of the 9
General Assembly, except that [nothing in ] this section shall not preclude a 10
member of the body [,] holding a concealed deadly weapon license [,] from 11
carrying a concealed deadly weapon at a meeting of the body of which he or 12
she is a member; 13
(e) Any portion of an establishment licensed to dispense beer or alcoholic 14
beverages for consumption on the premises, which portion of the 15
establishment is primarily devoted to that purpose; 16
(f) Any elementary or secondary school facility without the consent of school 17
authorities as provided in KRS 527.070, any child-caring facility as defined in 18
KRS 199.011, any child-care[day-care] center as defined in KRS 199.894, or 19
any certified family child -care home as defined in KRS 199.8982, except 20
however, any owner of a certified child -care home may carry a concealed 21
firearm into the owner's residence used as a certified child-care home; 22
(g) An area of an airport to which access is controlled by the inspection of 23
persons and property; or 24
(h) Any place where the carrying of firearms is prohibited by federal law. 25
(17) The owner, business or commercial lessee, or manager of a private bus iness 26
enterprise, child-care[day-care] center as defined in KRS 199.894 or certified or 27
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licensed family child -care home as defined in KRS 199.8982, or a health -care 1
facility licensed under KRS Chapter 216B, except facilities renting or leasing 2
housing, may prohibit persons holding concealed deadly weapon licenses from 3
carrying concealed deadly weapons on the premises and may prohibit employees, 4
not authorized by the employer, holding concealed deadly weapons licenses from 5
carrying concealed deadly weapons on the property of the employer. If the building 6
or the premises are open to the public, the employer or business enterprise shall 7
post signs on or about the premises if carrying concealed weapons is prohibited. 8
Possession of weapons,[ or] ammunition, or both in a vehicle on the premises shall 9
not be a criminal offense so long as the weapons, [ or] ammunition, or both are not 10
removed from the vehicle or brandished while the vehicle is on the premises. A 11
private but not a public employer may prohibit employees or other persons holding 12
a concealed deadly weapons license from carrying concealed deadly weapons, [ or] 13
ammunition, or both in vehicles owned by the employer, but may not prohibit 14
employees or other persons holding a concealed deadly weapons license from 15
carrying concealed deadly weapons,[ or] ammunition, or both in vehicles owned by 16
the employee, except that the Justice and Public Safety Cabinet may prohibit an 17
employee from carrying any weapons, [ or] ammunition, or both other than the 18
weapons,[ or] ammunition, or both issued or authorized to be used by the employee 19
of the cabinet, in a vehicle while transporting persons under the employee's 20
supervision or jurisdiction. Carrying of a concealed weapon, [ or] ammunition, or 21
both in a location specified in th is subsection by a license holder shall not be a 22
criminal act but may subject the person to denial from the premises or removal from 23
the premises, and, if an employee of an employer, disciplinary measures by the 24
employer. 25
(18) All moneys collected by the D epartment of Kentucky State Police pursuant to this 26
section shall be used to administer the provisions of this section and KRS 237.138 27
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to 237.142. By March 1 of each year, the Department of Kentucky State Police and 1
the Administrative Office of the Courts shall submit reports to the Governor, the 2
President of the Senate, and the Speaker of the House of Representatives, indicating 3
the amounts of money collected and the expenditures related to this section, KRS 4
237.138 to 237.142, and KRS 237.115, 244.125, 52 7.020, and 527.070, and the 5
administration of the provisions of this section, KRS 237.138 to 237.142, and KRS 6
237.115, 244.125, 527.020, and 527.070. 7
(19) The General Assembly finds as a matter of public policy that it is necessary to 8
provide statewide uniform standards for issuing licenses to carry concealed firearms 9
and to occupy the field of regulation of the bearing of concealed firearms to ensure 10
that no person who qualifies under the provisions of this section is denied his or her 11
rights. The General Assembly does not delegate to the Department of Kentucky 12
State Police the authority to regulate or restrict the issuing of licenses provided for 13
in this section beyond those provisions contained in this section. This section shall 14
be liberally construed to carry out the constitutional right to bear arms for self -15
defense. 16
(20) (a) A person who is not a resident of Kentucky and who has a valid license issued 17
by another state of the United States to carry a concealed deadly weapon in 18
that state may, subject to provisions of Kentucky law, carry a concealed 19
deadly weapon in Kentucky, and his or her license shall be considered as valid 20
in Kentucky. 21
(b) If a person with a valid license to carry a concealed deadly weapon issued 22
from another state that has entered in to a reciprocity agreement with the 23
Department of Kentucky State Police becomes a resident of Kentucky, the 24
license issued by the other state shall be considered as valid for the first one 25
hundred twenty (120) days of the person's residence in Kentucky, if within 26
sixty (60) days of moving to Kentucky, the person completes a form 27
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provided[promulgated] by the Department of Kentucky State Police which 1
shall include: 2
1. A signed and notarized statement averring that to the best of his or her 3
knowledge the perso n's license to carry a concealed deadly weapon is 4
valid and in compliance with applicable out -of-state law, and has not 5
been revoked or suspended for any reason except for valid forfeiture due 6
to departure from the issuing state; 7
2. The person's name, date of birth, citizenship, gender, Social Security 8
number if applicable, proof that he or she is a citizen of the United 9
States, a permanent resident of the United States, or otherwise lawfully 10
present in the United States, former out -of-state address, current address 11
within the state of Kentucky, date on which Kentucky residence began, 12
state which issued the concealed carry license, the issuing state's 13
concealed carry license number, and the state of issuance of the license; 14
and 15
3. A photocopy of the person's out-of-state license to carry a concealed 16
deadly weapon. 17
(c) Within sixty (60) days of moving to Kentucky, the person shall deliver the 18
form and accompanying documents by registered or certified mail, return 19
receipt requested, to the address indicated on the form provided by the 20
Department of Kentucky State Police pursuant to this subsection. 21
(d) The out -of-state concealed carry license shall become invalid in Kentucky 22
upon the earlier of: 23
1. The out-of-state person having resided in Kentucky for more than one 24
hundred twenty (120) days; or 25
2. The person being issued a Kentucky concealed deadly weapon license 26
pursuant to this section. 27
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(e) The Department of Kentucky State Police shall, not less than once every 1
twelve (12) months, make written inquiry of the c oncealed deadly weapon 2
carrying licensing authorities in each other state as to whether a Kentucky 3
resident may carry a concealed deadly weapon in their state based upon 4
having a valid Kentucky concealed deadly weapon license, or whether a 5
Kentucky resident may apply for a concealed deadly weapon carrying license 6
in that state based upon having a valid Kentucky concealed deadly weapon 7
license. The Department of Kentucky State Police shall attempt to secure from 8
each other state permission for Kentucky residents who hold a valid Kentucky 9
concealed deadly weapon license to carry concealed deadly weapons in that 10
state, either on the basis of the Kentucky license or on the basis that the 11
Kentucky license is sufficient to permit the issuance of a similar license by the 12
other state. The Department of Kentucky State Police shall enter into a written 13
reciprocity agreement with the appropriate agency in each state that agrees to 14
permit Kentucky residents to carry concealed deadly weapons in the other 15
state on the basi s of a Kentucky -issued concealed deadly weapon license or 16
that will issue a license to carry concealed deadly weapons in the other state 17
based upon a Kentucky concealed deadly weapon license. If a reciprocity 18
agreement is reached, the requirement to recont act the other state each twelve 19
(12) months shall be eliminated as long as the reciprocity agreement is in 20
force. The information shall be a public record and shall be available to 21
individual requesters free of charge for the first copy and at the normal r ate 22
for open records requests for additional copies. 23
(21) By March 1 of each year, the Department of Kentucky State Police shall submit a 24
statistical report to the Governor, the President of the Senate, and the Speaker of the 25
House of Representatives, indi cating the number of licenses issued, revoked, 26
suspended, and denied since the previous report and in total , and[ also] the number 27
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of licenses currently valid. The report shall also include the number of arrests, 1
convictions, and types of crimes committed since the previous report by individuals 2
licensed to carry concealed weapons. 3
(22) The following provisions shall apply to concealed deadly weapon training classes 4
conducted by the Department of Criminal Justice Training or any other agency 5
pursuant to this section: 6
(a) No concealed deadly weapon instructor trainer shall have his or her 7
certification as a concealed deadly weapon instructor trainer reduced to that of 8
instructor or revoked except after a hearing conducted pursuant to KRS 9
Chapter 13B in which the instructor is found to have committed an act in 10
violation of the applicable statutes or administrative regulations; 11
(b) No concealed deadly weapon instructor shall have his or her certification as a 12
concealed deadly weapon instructor [ license] suspended or revoked except 13
after a hearing conducted pursuant to KRS Chapter 13B in which the 14
instructor is found to have committed an act in violation of the applicable 15
statutes or administrative regulations; 16
(c) The department shall not require prior notification that an applicant class or 17
instructor class will be conducted by a certified instructor or instructor trainer; 18
(d) Each concealed deadly weapon instructor or instructor trainer who teaches a 19
concealed deadly weapon applicant or concealed deadly weapon instructor 20
class shall supply the Department of Criminal Justice Training with a cla ss 21
roster indicating which students enrolled and successfully completed the class, 22
and which contains the name and address of each student, within five (5) 23
working days of the completion of the class. The information may be sent by 24
mail, facsimile, email, or other method which will result in the receipt of or 25
production of a hard copy of the information. The postmark, facsimile date, or 26
email date shall be considered as the date on which the notice was sent. 27
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Concealed deadly weapon class applicant, instruct or, and instructor trainer 1
information and records shall be confidential. The department may release to 2
any person or organization the name, address, and telephone number of a 3
concealed deadly weapon instructor or instructor trainer if that instructor or 4
instructor trainer authorizes the release of the information in writing. The 5
department shall include on any application for an instructor or instructor 6
trainer certification a statement that the applicant either does or does not 7
desire the applicant's name, address, and telephone number to be made public; 8
(e) An instructor trainer who assists in the conduct of a concealed deadly weapon 9
instructor class or concealed deadly weapon applicant class for more than two 10
(2) hours shall be considered as to have taug ht a class for the purpose of 11
maintaining his or her certification. All class record forms shall include spaces 12
for assistant instructors to sign and certify that they have assisted in the 13
conduct of a concealed deadly weapon instructor or concealed deadly weapon 14
class; 15
(f) An instructor who assists in the conduct of a concealed deadly weapon 16
applicant class for more than two (2) hours shall be considered as to have 17
taught a class for the purpose of maintaining his or her license. All class 18
record forms sha ll include spaces for assistant instructors to sign and certify 19
that they have assisted in the conduct of a concealed deadly weapon class; 20
(g) 1. If the Department of Criminal Justice Training believes that a firearms 21
instructor trainer or certified firearms instructor has not in fact complied 22
with the requirements for teaching a certified firearms instructor or 23
applicant class by not teaching the class as specified in KRS 237.126, or 24
who has taught an insufficient class as specified in KRS 237.128, the 25
department shall send to each person who has been listed as successfully 26
completing the concealed deadly weapon applicant class or concealed 27
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deadly weapon instructor class a verification form on which the time, 1
date, date of range firing if different from the date on which the class 2
was conducted, location, and instructor of the class is listed by the 3
department and which requires the person to answer "yes" or "no" to 4
specific questions regarding the conduct of the training class. 5
2. The form shall be complet ed under oath and shall be returned to the 6
Department of Criminal Justice Training not later than forty -five (45) 7
days after its receipt. 8
3. A person who fails to complete the form, to sign the form, or to return 9
the form to the Department of Criminal Jus tice Training within the time 10
frame specified in this section or who, as a result of information on the 11
returned form, is determined by the Department of Criminal Justice 12
Training, following a hearing pursuant to KRS Chapter 13B, to not have 13
received the t raining required by law shall have his or her concealed 14
deadly weapon license revoked by the Department of Kentucky State 15
Police, following a hearing conducted by the Department of Criminal 16
Justice Training pursuant to KRS Chapter 13B, at which hearing the 17
person is found to have violated the provisions of this section or who 18
has been found not to have received the training required by law; 19
(h) The department shall annually, not later than December 31 of each year, 20
report to the Legislative Research Commission: 21
1. The number of firearms instructor trainers and certified firearms 22
instructors whose certifications were suspended, revoked, denied, or 23
who were otherwise disciplined; 24
2. The reasons for the imposition of suspensions, revocations, denials, or 25
other discipline; and 26
3. Suggestions for improvement of the concealed deadly weapon applicant 27
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training program and instructor process; 1
(i) If a concealed deadly weapon license holder is convicted of, pleads guilty to, 2
or enters an Alford plea to a felony offense , then his or her concealed deadly 3
weapon license shall be immediately[forthwith] revoked by the Department of 4
Kentucky State Police as a matter of law; 5
(j) If a concealed deadly weapon instructor or instructor trainer is convicted of, 6
pleads guilty to, or enters an Alford plea to a felony offense, then his or her 7
concealed deadly weapon instructor certification or concealed deadly weapon 8
instructor trainer certification shall be revoked by the Department of Criminal 9
Justice Training as a matter of law; and 10
(k) The following shall be in effect: 11
1. Action to eliminate the firearms instructor trainer program is prohibited. 12
The program shall remain in effect, and no firearms instructor trainer 13
shall have his or her certification reduced to that of certified fir earms 14
instructor; 15
2. The Department of Kentucky State Police shall revoke the concealed 16
deadly weapon license of any person who received no firearms training 17
as required by KRS 237.126 and administrative regulations, or who 18
received insufficient training a s required by KRS 237.128 and 19
administrative regulations, if the person voluntarily admits nonreceipt of 20
training or admits receipt of insufficient training, or if either nonreceipt 21
of training or receipt of insufficient training is proven following a 22
hearing conducted by the Department of Criminal Justice Training 23
pursuant to KRS Chapter 13B. 24