2013 Kentucky Revised Statutes CHAPTER 150 - FISH AND WILDLIFE RESOURCES 150.172 Possession and use of firearm for self-defense and defense of others while hunting or trapping -- Exceptions -- Administrative regulations.
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150.172 Possession and use of firearm for self-defense and defense of others
while hunting or trapping -- Exceptions -- Administrative regulations.
(1)
(2)
(3)
(4)
(5)
(6)
Any person who is not prohibited by state or federal law from possessing a
firearm may carry a firearm and ammunition for that firearm for purposes of
self-defense and defense of others while hunting, fishing, trapping, or engaging
in any other activity not constituting a crime under KRS Chapter 218A or
Chapters 500 to 534, and may do so on any public lands under the control of
the department and on any private land under the control of the department,
unless the owner of the private land has posted notice that concealed deadly
weapons are not allowed in a building where they may be prohibited pursuant
to KRS 237.110 or 237.115.
(a) A person may use a firearm, if he or she is not prohibited by state or
federal law from possessing a firearm, or may use any other deadly
weapon, at any time and during any season to:
1.
Kill or attempt to kill an animal, whether protected or unprotected, in
self-defense or defense of another person; or
2.
Kill or attempt to kill an injured animal for humane purposes.
(b) An arrest shall not be made, except upon a warrant issued by a judge of
a court of competent jurisdiction, and a citation shall not be issued by a
peace officer if an animal is killed under circumstances described in
paragraph (a) of this subsection.
(c) A citation may be issued by a peace officer who witnesses the killing of
an animal in violation of a statute or federal regulation under
circumstances different from those described in paragraph (a) of this
subsection.
(d) An arrest warrant or a summons may be issued by a judge of a court of
competent jurisdiction, upon application of the appropriate county
attorney, if the court believes that there is sufficient cause to doubt the
claim that the animal was killed under circumstances described in
paragraph (a) of this subsection.
In cases where an animal is killed and there is a claim that the animal was
killed under circumstances described in paragraph (a) of subsection (2) of this
section, the department shall provide forensic evidence or other competent
evidence as to how the animal was killed and the circumstances surrounding
the event.
The department shall not promulgate administrative regulations restricting any
right provided by this section or the spirit thereof.
This section shall not apply to the killing, wounding, or other prohibited act
relating to specific wildlife which are protected by the federal Endangered
Species Act, 16 U.S.C. secs. 1531 to 1544; federal Migratory Bird Treaty Act,
16 U.S.C. secs. 703 to 712; or federal Bald and Golden Eagle Protection Act,
16 U.S.C. secs. 668 to 668d.
The principles contained in KRS Chapter 503 relating to the use of force and
deadly force against human beings shall apply to acts where wildlife is
involved.
Effective:July 15, 2010
History: Created 2010 Ky. Acts ch. 158, sec. 3, effective July 15, 2010.
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