237.110 License to carry concealed deadly weapon -- Criteria -- Training -Application -- Issuance and denial of licenses -- Automated listing of license
holders -- Suspension or revocation -- Renewal -- Prohibitions -- Reciprocity -Reports -- Requirements for training classes.
(1)
(2)
(3)
(4)
The Department of Kentucky State Police is authorized to issue and renew licenses
to carry concealed firearms or other deadly weapons, or a combination thereof, to
persons qualified as provided in this section.
An original or renewal license issued pursuant to this section shall:
(a) Be valid throughout the Commonwealth and, except as provided in this
section or other specific section of the Kentucky Revised Statutes or federal
law, permit the holder of the license to carry firearms, ammunition, or other
deadly weapons, or a combination thereof, at any location in the
Commonwealth;
(b) Unless revoked as provided by law, be valid for a period of five (5) years from
the date of issuance;
(c) Authorize the holder of the license to carry a concealed firearm or other
deadly weapon, or a combination thereof, on or about his or her person; and
(d) Authorize the holder of the license to carry ammunition for a firearm on or
about his or her person.
Prior to the issuance of an original or renewal license to carry a concealed deadly
weapon, the Department of Kentucky State Police shall conduct a background check
to ascertain whether the applicant is eligible under 18 U.S.C. sec. 922(g) and (n),
any other applicable federal law, and state law to purchase, receive, or possess a
firearm or ammunition, or both. The background check shall include:
(a) A state records check covering the items specified in this subsection, together
with any other requirements of this section;
(b) A federal records check, which shall include a National Instant Criminal
Background Check System (NICS) check;
(c) A federal Immigration Alien Query if the person is an alien who has been
lawfully admitted to the United States by the United States government or an
agency thereof; and
(d) In addition to the Immigration Alien Query, if the applicant has not been
lawfully admitted to the United States under permanent resident status, the
Department of Kentucky State Police shall, if a doubt exists relating to an
alien's eligibility to purchase a firearm, consult with the United States
Department of Homeland Security, United States Department of Justice,
United States Department of State, or other federal agency to confirm whether
the alien is eligible to purchase a firearm in the United States, bring a firearm
into the United States, or possess a firearm in the United States under federal
law.
The Department of Kentucky State Police shall issue an original or renewal license
if the applicant:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
Is not prohibited from the purchase, receipt, or possession of firearms,
ammunition, or both pursuant to 18 U.S.C. 922(g), 18 U.S.C. 922(n), or
applicable federal or state law;
1.
Is a citizen of the United States who is a resident of this Commonwealth
and has been a resident for six (6) months or longer immediately
preceding the filing of the application;
2.
Is a citizen of the United States who is a member of the Armed Forces of
the United States who is on active duty, who is at the time of application
assigned to a military posting in Kentucky, and who has been assigned
to a posting in the Commonwealth for six (6) months or longer
immediately preceding the filing of the application;
3.
Is lawfully admitted to the United States by the United States
government or an agency thereof, is permitted by federal law to purchase
a firearm, and has been a resident of this Commonwealth for six (6)
months or longer immediately preceding the filing of the application; or
4.
Is lawfully admitted to the United States by the United States
government or an agency thereof, is permitted by federal law to purchase
a firearm, is, at the time of the application, assigned to a military posting
in Kentucky, and has been assigned to a posting in the Commonwealth
for six (6) months or longer immediately preceding the filing of the
application;
Is twenty-one (21) years of age or older;
Has not been committed to a state or federal facility for the abuse of a
controlled substance or been convicted of a misdemeanor violation of KRS
Chapter 218A or similar laws of any other state relating to controlled
substances, within a three (3) year period immediately preceding the date on
which the application is submitted;
Does not chronically and habitually use alcoholic beverages as evidenced by
the applicant having two (2) or more convictions for violating KRS 189A.010
within the three (3) years immediately preceding the date on which the
application is submitted, or having been committed as an alcoholic pursuant to
KRS Chapter 222 or similar laws of another state within the three (3) year
period immediately preceding the date on which the application is submitted;
Does not owe a child support arrearage which equals or exceeds the
cumulative amount which would be owed after one (1) year of nonpayment, if
the Department of Kentucky State Police has been notified of the arrearage by
the Cabinet for Health and Family Services;
Has complied with any subpoena or warrant relating to child support or
paternity proceedings. If the Department of Kentucky State Police has not
been notified by the Cabinet for Health and Family Services that the applicant
has failed to meet this requirement, the Department of Kentucky State Police
shall assume that paternity and child support proceedings are not an issue;
(h)
(5)
(6)
Has not been convicted of a violation of KRS 508.030 or 508.080 within the
three (3) years immediately preceding the date on which the application is
submitted. The commissioner of the Department of Kentucky State Police
may waive this requirement upon good cause shown and a determination that
the applicant is not a danger and that a waiver would not violate federal law;
and
(i) Demonstrates competence with a firearm by successful completion of a
firearms safety course offered or approved by the Department of Criminal
Justice Training. The firearms safety course shall:
1.
Be not more than eight (8) hours in length;
2.
Include instruction on handguns, the safe use of handguns, the care and
cleaning of handguns, and handgun marksmanship principles;
3.
Include actual range firing of a handgun in a safe manner, and the firing
of not more than twenty (20) rounds at a full-size silhouette target,
during which firing, not less than eleven (11) rounds must hit the
silhouette portion of the target; and
4.
Include information on and a copy of laws relating to possession and
carrying of firearms, as set forth in KRS Chapters 237 and 527, and the
laws relating to the use of force, as set forth in KRS Chapter 503.
A legible photocopy of the certificate of completion issued by the Department of
Criminal Justice Training shall constitute evidence of qualification under subsection
(4)(i) of this section.
(a) Peace officers who are currently certified as peace officers by the Kentucky
Law Enforcement Council pursuant to KRS 15.380 to 15.404 and peace
officers who are retired and are members of the Kentucky Employees
Retirement System, State Police Retirement System, or County Employees
Retirement System or other retirement system operated by or for a city,
county, or urban-county in Kentucky shall be deemed to have met the training
requirement.
(b) Current and retired peace officers of the following federal agencies shall be
deemed to have met the training requirement:
1.
Any peace officer employed by a federal agency specified in KRS
61.365;
2.
Any peace officer employed by a federal civilian law enforcement
agency not specified above who has successfully completed the basic
law enforcement training course required by that agency;
3.
Any military peace officer of the United States Army, Navy, Marine
Corps, or Air Force, or a reserve component thereof, or of the Army
Reserve or Air Force Reserve who has successfully completed the
military law enforcement training course required by that branch of the
military; and
4.
(7)
Any member of the United States Coast Guard serving in a peace officer
role who has successfully completed the law enforcement training
course specified by the United States Coast Guard.
The application for a license, or renewal of a license, to carry a concealed deadly
weapon shall be obtained from the office of the sheriff in the county in which the
person resides. The completed application and all accompanying material plus an
application fee or renewal fee, as appropriate, of sixty dollars () shall be
presented to the office of the sheriff of the county in which the applicant resides. A
full-time or part-time peace officer who is currently certified as a peace officer by
the Kentucky Law Enforcement Council who is authorized by his or her employer
or government authority to carry a concealed deadly weapon at all times and all
locations within the Commonwealth pursuant to KRS 527.020 or a retired peace
officer who is a member of the Kentucky Employees Retirement System, State
Police Retirement System, County Employees Retirement System, or other
retirement system operated by or for a city, county, or urban-county in Kentucky
shall be exempt from paying the application or renewal fees. The sheriff shall
transmit the application and accompanying material to the Department of Kentucky
State Police within five (5) working days. Twenty dollars () of the application
fee shall be retained by the office of the sheriff for official expenses of the office.
Twenty dollars () shall be sent to the Department of Kentucky State Police with
the application. Ten dollars () shall be transmitted by the sheriff to the
Administrative Office of the Courts to fund background checks for youth leaders,
and ten dollars () shall be transmitted to the Administrative Office of the Courts
to fund background checks for applicants for concealed weapons. The application
shall be completed, under oath, on a form promulgated by the Department of
Kentucky State Police by administrative regulation which shall only include:
(a) 1.
The name, address, place and date of birth, citizenship, gender, Social
Security number of the applicant; and
2.
If not a citizen of the United States, alien registration number if
applicable, passport number, visa number, mother's maiden name, and
other information necessary to determine the immigration status and
eligibility to purchase a firearm under federal law of a person who is not
a citizen of the United States;
(b) A statement that, to the best of his or her knowledge, the applicant is in
compliance with criteria contained within subsections (3) and (4) of this
section;
(c) A statement that the applicant has been furnished a copy of this section and is
knowledgeable about its provisions;
(d) A statement that the applicant has been furnished a copy of, has read, and
understands KRS Chapter 503 as it pertains to the use of deadly force for selfdefense in Kentucky; and
(e) A conspicuous warning that the application is executed under oath and that a
materially false answer to any question, or the submission of any materially
(8)
(9)
false document by the applicant, subjects the applicant to criminal prosecution
under KRS 523.030.
The applicant, if a resident of the Commonwealth, shall submit to the sheriff of the
applicant's county of residence:
(a) A completed application as described in subsection (7) of this section;
(b) A recent color photograph of the applicant, as prescribed by administrative
regulation;
(c) A photocopy of a certificate or an affidavit or document as described in
subsection (5) of this section; and
(d) For an applicant who is not a citizen of the United States and has been
lawfully admitted to the United States by the United States government or an
agency thereof, his or her United States government issued:
1.
Permanent Resident Card I-551 or its equivalent successor
identification;
2.
Other United States government issued evidence of lawful admission to
the United States which includes the category of admission, if admission
has not been granted as a permanent resident; and
3.
Evidence of compliance with the provisions of 18 U.S.C. sec. 922(g)(5),
18 U.S.C. sec. 922(d)(5), or 18 U.S.C. sec. 922(y)(2), and 27 C.F.R. Part
178, including, as appropriate, but not limited to evidence of ninety (90)
day residence in the Commonwealth, a valid current Kentucky hunting
license if claiming exemption as a hunter, or other evidence of eligibility
to purchase a firearm by an alien which is required by federal law or
regulation.
If an applicant presents identification specified in this paragraph, the sheriff
shall examine the identification, may record information from the
identification presented, and shall return the identification to the applicant.
The Department of Kentucky State Police shall, within ninety (90) days after the
date of receipt of the items listed in subsection (8) of this section, either:
(a) Issue the license; or
(b) Deny the application based solely on the grounds that the applicant fails to
qualify under the criteria listed in subsection (3) or (4) of this section. If the
Department of Kentucky State Police denies the application, it shall notify the
applicant in writing, stating the grounds for denial and informing the applicant
of a right to submit, within thirty (30) days, any additional documentation
relating to the grounds of denial. Upon receiving any additional
documentation, the Department of Kentucky State Police shall reconsider its
decision and inform the applicant within twenty (20) days of the result of the
reconsideration. The applicant shall further be informed of the right to seek de
novo review of the denial in the District Court of his or her place of residence
within ninety (90) days from the date of the letter advising the applicant of the
denial.
(10) The Department of Kentucky State Police shall maintain an automated listing of
license holders and pertinent information, and this information shall be available
on-line, upon request, at all times to all Kentucky, federal, and other states' law
enforcement agencies. A request for the entire list of licensees, or for all licensees in
a geographic area, shall be denied. Only requests relating to a named licensee shall
be honored or available on-line. Information on applications for licenses, names and
addresses, or other identifying information relating to license holders shall be
confidential and shall not be made available except to law enforcement agencies.
No request for lists of local or statewide permit holders shall be made to any state or
local law enforcement agency, peace officer, or other agency of government other
than the Department of Kentucky State Police, and no state or local law
enforcement agency, peace officer, or agency of government, other than the
Department of Kentucky State Police, shall provide any information not entitled to
it by law.
(11) Within thirty (30) days after the changing of a permanent address, or within thirty
(30) days after the loss, theft, or destruction of a license, the licensee shall notify the
Department of Kentucky State Police of the loss, theft, or destruction. Failure to
notify the Department of Kentucky State Police shall constitute a noncriminal
violation with a penalty of twenty-five dollars () payable to the clerk of the
District Court. No court costs shall be assessed for a violation of this subsection.
When a licensee makes application to change his or her residence address or other
information on the license, neither the sheriff nor the Department of Kentucky State
Police shall require a surrender of the license until a new license is in the office of
the applicable sheriff and available for issuance. Upon the issuance of a new
license, the old license shall be destroyed by the sheriff.
(12) If a license is lost, stolen, or destroyed, the license shall be automatically invalid,
and the person to whom the same was issued may, upon payment of fifteen dollars
() to the Department of Kentucky State Police, obtain a duplicate, upon
furnishing a notarized statement to the Department of Kentucky State Police that the
license has been lost, stolen, or destroyed.
(13) (a) The commissioner of the Department of Kentucky State Police, or his or her
designee in writing, shall revoke the license of any person who becomes
permanently ineligible to be issued a license or have a license renewed under
the criteria set forth in this section.
(b) The commissioner of the Department of Kentucky State Police, or his or her
designee in writing, shall suspend the license of any person who becomes
temporarily ineligible to be issued a license or have a license renewed under
the criteria set forth in this section. The license shall remain suspended until
the person is again eligible for the issuance or renewal of a license.
(c) Upon the suspension or revocation of a license, the commissioner of the
Department of Kentucky State Police, or his or her designee in writing, shall:
1.
Order any peace officer to seize the license from the person whose
license was suspended or revoked; or
2.
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(14) (a)
Direct the person whose license was suspended or revoked to surrender
the license to the sheriff of the person's county of residence within two
(2) business days of the receipt of the notice.
If the person whose license was suspended or revoked desires a hearing on the
matter, the person shall surrender the license as provided in paragraph (c)2. of
this subsection and petition the commissioner of the Department of Kentucky
State Police to hold a hearing on the issue of suspension or revocation of the
license.
Upon receipt of the petition, the commissioner of the Department of Kentucky
State Police shall cause a hearing to be held in accordance with KRS Chapter
13B on the suspension or revocation of the license. If the license has not been
surrendered, no hearing shall be scheduled or held.
If the hearing officer determines that the licensee's license was wrongly
suspended or revoked, the hearing officer shall order the commissioner of the
Department of Kentucky State Police to return the license and abrogate the
suspension or revocation of the license.
Any party may appeal a decision pursuant to this subsection to the District
Court in the licensee's county of residence in the same manner as for the
denial of a license.
If the license is not surrendered as ordered, the commissioner of the
Department of Kentucky State Police shall order a peace officer to seize the
license and deliver it to the commissioner.
Failure to surrender a suspended or revoked license as ordered is a Class A
misdemeanor.
The provisions of this subsection relating to surrender of a license shall not
apply if a court of competent jurisdiction has enjoined its surrender.
When a domestic violence order or emergency protective order is issued
pursuant to the provisions of KRS Chapter 403 against a person holding a
license issued under this section, the holder of the permit shall surrender the
license to the court or to the officer serving the order. The officer to whom the
license is surrendered shall forthwith transmit the license to the court issuing
the order. The license shall be suspended until the order is terminated, or until
the judge who issued the order terminates the suspension prior to the
termination of the underlying domestic violence order or emergency protective
order, in writing and by return of the license, upon proper motion by the
license holder. Subject to the same conditions as above, a peace officer against
whom an emergency protective order or domestic violence order has been
issued shall not be permitted to carry a concealed deadly weapon when not on
duty, the provisions of KRS 527.020 to the contrary notwithstanding.
Not less than one hundred twenty (120) days prior to the expiration date of the
license, the Department of Kentucky State Police shall mail to each licensee a
written notice of the expiration and a renewal form prescribed by the
Department of Kentucky State Police. The outside of the envelope containing
the license renewal notice shall bear only the name and address of the
applicant. No other information relating to the applicant shall appear on the
outside of the envelope sent to the applicant. The licensee may renew his or
her license on or before the expiration date by filing with the sheriff of his or
her county of residence the renewal form, a notarized affidavit stating that the
licensee remains qualified pursuant to the criteria specified in subsections (3)
and (4) of this section, and the required renewal fee. The sheriff shall issue to
the applicant a receipt for the application for renewal of the license and shall
date the receipt.
(b) A license which has expired shall be void and shall not be valid for any
purpose other than surrender to the sheriff in exchange for a renewal license.
(c) The license shall be renewed to a qualified applicant upon receipt of the
completed renewal application, records check as specified in subsection (3) of
this section, determination that the renewal applicant is not ineligible for a
license as specified in subsection (4), and appropriate payment of fees. Upon
the issuance of a new license, the old license shall be destroyed by the sheriff.
A licensee who fails to file a renewal application on or before its expiration
date may renew his or her license by paying, in addition to the license fees, a
late fee of fifteen dollars (). No license shall be renewed six (6) months or
more after its expiration date, and the license shall be deemed to be
permanently expired six (6) months after its expiration date. A person whose
license has permanently expired may reapply for licensure pursuant to
subsections (7), (8), and (9) of this section.
(15) The licensee shall carry the license at all times the licensee is carrying a concealed
firearm or other deadly weapon and shall display the license upon request of a law
enforcement officer. Violation of the provisions of this subsection shall constitute a
noncriminal violation with a penalty of twenty-five dollars (), payable to the
clerk of the District Court, but no court costs shall be assessed.
(16) Except as provided in KRS 527.020, no license issued pursuant to this section shall
authorize any person to carry a concealed firearm into:
(a) Any police station or sheriff's office;
(b) Any detention facility, prison, or jail;
(c) Any courthouse, solely occupied by the Court of Justice courtroom, or court
proceeding;
(d) Any meeting of the governing body of a county, municipality, or special
district; or any meeting of the General Assembly or a committee of the
General Assembly, except that nothing in this section shall preclude a member
of the body, holding a concealed deadly weapon license, from carrying a
concealed deadly weapon at a meeting of the body of which he or she is a
member;
(e) Any portion of an establishment licensed to dispense beer or alcoholic
beverages for consumption on the premises, which portion of the
establishment is primarily devoted to that purpose;
(f)
Any elementary or secondary school facility without the consent of school
authorities as provided in KRS 527.070, any child-caring facility as defined in
KRS 199.011, any day-care center as defined in KRS 199.894, or any certified
family child-care home as defined in KRS 199.8982, except however, any
owner of a certified child-care home may carry a concealed firearm into the
owner's residence used as a certified child-care home;
(g) An area of an airport to which access is controlled by the inspection of
persons and property; or
(h) Any place where the carrying of firearms is prohibited by federal law.
(17) The owner, business or commercial lessee, or manager of a private business
enterprise, day-care center as defined in KRS 199.894 or certified or licensed family
child-care home as defined in KRS 199.8982, or a health-care facility licensed
under KRS Chapter 216B, except facilities renting or leasing housing, may prohibit
persons holding concealed deadly weapon licenses from carrying concealed deadly
weapons on the premises and may prohibit employees, not authorized by the
employer, holding concealed deadly weapons licenses from carrying concealed
deadly weapons on the property of the employer. If the building or the premises are
open to the public, the employer or business enterprise shall post signs on or about
the premises if carrying concealed weapons is prohibited. Possession of weapons, or
ammunition, or both in a vehicle on the premises shall not be a criminal offense so
long as the weapons, or ammunition, or both are not removed from the vehicle or
brandished while the vehicle is on the premises. A private but not a public employer
may prohibit employees or other persons holding a concealed deadly weapons
license from carrying concealed deadly weapons, or ammunition, or both in vehicles
owned by the employer, but may not prohibit employees or other persons holding a
concealed deadly weapons license from carrying concealed deadly weapons, or
ammunition, or both in vehicles owned by the employee, except that the Justice and
Public Safety Cabinet may prohibit an employee from carrying any weapons, or
ammunition, or both other than the weapons, or ammunition, or both issued or
authorized to be used by the employee of the cabinet, in a vehicle while transporting
persons under the employee's supervision or jurisdiction. Carrying of a concealed
weapon, or ammunition, or both in a location specified in this subsection by a
license holder shall not be a criminal act but may subject the person to denial from
the premises or removal from the premises, and, if an employee of an employer,
disciplinary measures by the employer.
(18) All moneys collected by the Department of Kentucky State Police pursuant to this
section shall be used to administer the provisions of this section and KRS 237.138
to 237.142. By March 1 of each year, the Department of Kentucky State Police and
the Administrative Office of the Courts shall submit reports to the Governor, the
President of the Senate, and the Speaker of the House of Representatives, indicating
the amounts of money collected and the expenditures related to this section, KRS
237.138 to 237.142, and KRS 237.115, 244.125, 527.020, and 527.070, and the
administration of the provisions of this section, KRS 237.138 to 237.142, and KRS
237.115, 244.125, 527.020, and 527.070.
(19) The General Assembly finds as a matter of public policy that it is necessary to
provide statewide uniform standards for issuing licenses to carry concealed firearms
and to occupy the field of regulation of the bearing of concealed firearms to ensure
that no person who qualifies under the provisions of this section is denied his rights.
The General Assembly does not delegate to the Department of Kentucky State
Police the authority to regulate or restrict the issuing of licenses provided for in this
section beyond those provisions contained in this section. This section shall be
liberally construed to carry out the constitutional right to bear arms for self-defense.
(20) (a) A person who has a valid license issued by another state of the United States
to carry a concealed deadly weapon in that state may, subject to provisions of
Kentucky law, carry a concealed deadly weapon in Kentucky, and his or her
license shall be considered as valid in Kentucky.
(b) The Department of Kentucky State Police shall, not later than thirty (30) days
after July 15, 1998, and not less than once every six (6) months thereafter,
make written inquiry of the concealed deadly weapon carrying licensing
authorities in each other state as to whether a Kentucky resident may carry a
concealed deadly weapon in their state based upon having a valid Kentucky
concealed deadly weapon license, or whether a Kentucky resident may apply
for a concealed deadly weapon carrying license in that state based upon
having a valid Kentucky concealed deadly weapon license. The Department of
Kentucky State Police shall attempt to secure from each other state permission
for Kentucky residents who hold a valid Kentucky concealed deadly weapon
license to carry concealed deadly weapons in that state, either on the basis of
the Kentucky license or on the basis that the Kentucky license is sufficient to
permit the issuance of a similar license by the other state. The Department of
Kentucky State Police shall enter into a written reciprocity agreement with the
appropriate agency in each state that agrees to permit Kentucky residents to
carry concealed deadly weapons in the other state on the basis of a Kentuckyissued concealed deadly weapon license or that will issue a license to carry
concealed deadly weapons in the other state based upon a Kentucky concealed
deadly weapon license. If a reciprocity agreement is reached, the requirement
to recontact the other state each six (6) months shall be eliminated as long as
the reciprocity agreement is in force. The information shall be a public record
and shall be available to individual requesters free of charge for the first copy
and at the normal rate for open records requests for additional copies.
(21) By March 1 of each year, the Department of Kentucky State Police shall submit a
statistical report to the Governor, the President of the Senate, and the Speaker of the
House of Representatives, indicating the number of licenses issued, revoked,
suspended, and denied since the previous report and in total and also the number of
licenses currently valid. The report shall also include the number of arrests,
convictions, and types of crimes committed since the previous report by individuals
licensed to carry concealed weapons.
(22) The following provisions shall apply to concealed deadly weapon training classes
conducted by the Department of Criminal Justice Training or any other agency
pursuant to this section:
(a) No concealed deadly weapon instructor trainer shall have his or her
certification as a concealed deadly weapon instructor trainer reduced to that of
instructor or revoked except after a hearing conducted pursuant to KRS
Chapter 13B in which the instructor is found to have committed an act in
violation of the applicable statutes or administrative regulations;
(b) No concealed deadly weapon instructor shall have his or her certification as a
concealed deadly weapon instructor license suspended or revoked except after
a hearing conducted pursuant to KRS Chapter 13B in which the instructor is
found to have committed an act in violation of the applicable statutes or
administrative regulations;
(c) The department shall not require prior notification that an applicant class or
instructor class will be conducted by a certified instructor or instructor trainer;
(d) Each concealed deadly weapon instructor or instructor trainer who teaches a
concealed deadly weapon applicant or concealed deadly weapon instructor
class shall supply the Department of Criminal Justice Training with a class
roster indicating which students enrolled and successfully completed the class,
and which contains the name and address of each student, within five (5)
working days of the completion of the class. The information may be sent by
mail, facsimile, e-mail, or other method which will result in the receipt of or
production of a hard copy of the information. The postmark, facsimile date, or
e-mail date shall be considered as the date on which the notice was sent.
Concealed deadly weapon class applicant, instructor, and instructor trainer
information and records shall be confidential. The department may release to
any person or organization the name, address, and telephone number of a
concealed deadly weapon instructor or instructor trainer if that instructor or
instructor trainer authorizes the release of the information in writing. The
department shall include on any application for an instructor or instructor
trainer certification a statement that the applicant either does or does not
desire the applicant's name, address, and telephone number to be made public;
(e) An instructor trainer who assists in the conduct of a concealed deadly weapon
instructor class or concealed deadly weapon applicant class for more than two
(2) hours shall be considered as to have taught a class for the purpose of
maintaining his or her certification. All class record forms shall include spaces
for assistant instructors to sign and certify that they have assisted in the
conduct of a concealed deadly weapon instructor or concealed deadly weapon
class;
(f) An instructor who assists in the conduct of a concealed deadly weapon
applicant class for more than two (2) hours shall be considered as to have
taught a class for the purpose of maintaining his or her license. All class
record forms shall include spaces for assistant instructors to sign and certify
that they have assisted in the conduct of a concealed deadly weapon class;
(g)
(h)
(i)
(j)
(k)
If the Department of Criminal Justice Training believes that a firearms
instructor trainer or certified firearms instructor has not in fact complied with
the requirements for teaching a certified firearms instructor or applicant class
by not teaching the class as specified in KRS 237.126, or who has taught an
insufficient class as specified in KRS 237.128, the department shall send to
each person who has been listed as successfully completing the concealed
deadly weapon applicant class or concealed deadly weapon instructor class a
verification form on which the time, date, date of range firing if different from
the date on which the class was conducted, location, and instructor of the class
is listed by the department and which requires the person to answer "yes" or
"no" to specific questions regarding the conduct of the training class. The
form shall be completed under oath and shall be returned to the Department of
Criminal Justice Training not later than forty-five (45) days after its receipt. A
person who fails to complete the form, to sign the form, or to return the form
to the Department of Criminal Justice Training within the time frame
specified in this section or who, as a result of information on the returned
form, is determined by the Department of Criminal Justice Training, following
a hearing pursuant to KRS Chapter 13B, to not have received the training
required by law shall have his or her concealed deadly weapon license
revoked by the Department of Kentucky State Police, following a hearing
conducted by the Department of Criminal Justice Training pursuant to KRS
Chapter 13B, at which hearing the person is found to have violated the
provisions of this section or who has been found not to have received the
training required by law;
The department shall annually, not later than December 31 of each year, report
to the Legislative Research Commission:
1.
The number of firearms instructor trainers and certified firearms
instructors whose certifications were suspended, revoked, denied, or
who were otherwise disciplined;
2.
The reasons for the imposition of suspensions, revocations, denials, or
other discipline; and
3.
Suggestions for improvement of the concealed deadly weapon applicant
training program and instructor process;
If a concealed deadly weapon license holder is convicted of, pleads guilty to,
or enters an Alford plea to a felony offense, then his or her concealed deadly
weapon license shall be forthwith revoked by the Department of Kentucky
State Police as a matter of law;
If a concealed deadly weapon instructor or instructor trainer is convicted of,
pleads guilty to, or enters an Alford plea to a felony offense, then his or her
concealed deadly weapon instructor certification or concealed deadly weapon
instructor trainer certification shall be revoked by the Department of Criminal
Justice Training as a matter of law; and
The following shall be in effect:
1.
2.
Action to eliminate the firearms instructor trainer program is prohibited.
The program shall remain in effect, and no firearms instructor trainer
shall have his or her certification reduced to that of certified firearms
instructor;
The Department of Kentucky State Police shall revoke the concealed
deadly weapon license of any person who received no firearms training
as required by KRS 237.126 and administrative regulations, or who
received insufficient training as required by KRS 237.128 and
administrative regulations, if the person voluntarily admits nonreceipt of
training or admits receipt of insufficient training, or if either nonreceipt
of training or receipt of insufficient training is proven following a
hearing conducted by the Department of Criminal Justice Training
pursuant to KRS Chapter 13B.
Effective: July 15, 2008
History: Amended 2008 Ky. Acts ch. 96, sec. 2, effective July 15, 2008. -- Amended
2007 Ky. Acts ch. 85, sec. 266, effective June 26, 2007. -- Amended 2006 Ky. Acts
ch. 240, sec. 2, effective July 12, 2006. -- Amended 2005 Ky. Acts ch. 99, sec. 565,
effective June 20, 2005; and ch. 182, sec. 15, effective March 31, 2005. -- Amended
2004 Ky. Acts ch. 86, sec. 1, effective July 13, 2004. -- Amended 2002 Ky. Acts
ch. 368, sec. 2, effective July 15, 2002. -- Amended 2000 Ky. Acts ch. 455, sec. 1,
effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 417, sec. 1, effective July 15,
1998; ch. 494, sec. 1, effective July 15, 1998; and ch. 606, sec. 136, effective July
15, 1998. -- Created 1996 Ky. Acts ch. 119, sec. 1, effective October 1, 1996.
Legislative Research Commission Note (7/15/2008). 2008 House Bill 639, sec. 2,
which became 2008 Ky. Acts ch. 96, sec. 2, amended KRS 237.110. The Senate
Committee Substitute for HB 639 changed all references except one, which was
inadvertently omitted, in this section from "handgun" to "firearm." To achieve
consistency, the Reviser of Statutes has changed the reference in KRS
237.110(4)(b)4. from "handgun" to "firearm" under the authority of KRS 7.136.
Legislative Research Commission Note (7/12/2006). 2006 Ky. Acts ch. 240, sec. 2,
subsec. (13), contains a reference in paragraph (d) to surrender of a license "as
provided in paragraph (c)1. of this subsection. "Because only paragraph (c)2. of
subsection (13) contains the provision setting forth surrender of a license, the
reference has been changed in codification to "paragraph (c)2. of this subsection"
under KRS 7.136(1)(h).
Legislative Research Commission Note (3/21/2005). 1996 Ky. Acts ch. 119, sec. 6
provides, "With respect to the training requirements of [KRS 237.110], [KRS
237.110] shall be deemed to be retroactive, and training completed prior to [October
1, 1996] may be used and shall be deemed to satisfy the training requirements of
[KRS 237.110]."
2010-2012 Budget Reference. See State/Executive Branch Budget, 2010 (1st Extra.
Sess.) StateKy. Acts ch. 1, Pt. I, H, 4, (3) at 43.
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