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527.020 Carrying concealed deadly weapon.
(1)
(2)
(3)
(4)
(5)
A person is guilty of carrying a concealed weapon when he or she carries
concealed a firearm or other deadly weapon on or about his or her person.
Peace officers and certified court security officers, when necessary for their
protection in the discharge of their official duties; United States mail carriers
when actually engaged in their duties; and agents and messengers of express
companies, when necessary for their protection in the discharge of their official
duties, may carry concealed weapons on or about their person.
The director of the Division of Law Enforcement in the Department of Fish and
Wildlife Resources, conservation officers of the Department of Fish and Wildlife
Resources, and policemen directly employed by state, county, city, or
urban-county governments may carry concealed deadly weapons on or about
their person at all times within the Commonwealth of Kentucky, when expressly
authorized to do so by law or by the government employing the officer.
Persons, except those specified in subsection (5) of this section, licensed to
carry a concealed deadly weapon pursuant to KRS 237.110 may carry a
firearm or other concealed deadly weapon on or about their persons at all
times within the Commonwealth of Kentucky, if the firearm or concealed deadly
weapon is carried in conformity with the requirements of that section. Unless
otherwise specifically provided by the Kentucky Revised Statutes or applicable
federal law, no criminal penalty shall attach to carrying a concealed firearm or
other deadly weapon with a permit at any location at which an unconcealed
firearm or other deadly weapon may be constitutionally carried. No person or
organization, public or private, shall prohibit a person licensed to carry a
concealed deadly weapon from possessing a firearm, ammunition, or both, or
other deadly weapon in his or her vehicle in compliance with the provisions of
KRS 237.110 and 237.115. Any attempt by a person or organization, public or
private, to violate the provisions of this subsection may be the subject of an
action for appropriate relief or for damages in a Circuit Court or District Court of
competent jurisdiction.
(a) The following persons, if they hold a license to carry a concealed deadly
weapon pursuant to KRS 237.110 or 237.138 to 237.142, may carry a
firearm or other concealed deadly weapon on or about their persons at all
times and at all locations within the Commonwealth of Kentucky, without
any limitation other than as provided in this subsection:
1.
A Commonwealth's attorney or assistant Commonwealth's attorney;
2.
A retired Commonwealth's attorney or retired assistant
Commonwealth's attorney;
3.
A county attorney or assistant county attorney;
4.
A retired county attorney or retired assistant county attorney;
5.
A justice or judge of the Court of Justice;
6.
A retired or senior status justice or judge of the Court of Justice; and
7.
A retired peace officer who holds a concealed deadly weapon
license issued pursuant to the federal Law Enforcement Officers
Safety Act, 18 U.S.C. sec. 926C, and KRS 237.138 to 237.142.
(b)
(c)
(6)
(a)
(b)
(7)
(a)
The provisions of this subsection shall not authorize a person specified in
this subsection to carry a concealed deadly weapon in a detention facility
as defined in KRS 520.010 or on the premises of a detention facility
without the permission of the warden, jailer, or other person in charge of
the facility, or the permission of a person authorized by the warden, jailer,
or other person in charge of the detention facility to give such permission.
As used in this section, "detention facility" does not include courtrooms,
facilities, or other premises used by the Court of Justice or administered
by the Administrative Office of the Courts.
A person specified in this section who is issued a concealed deadly
weapon license shall be issued a license which bears on its face the
statement that it is valid at all locations within the Commonwealth of
Kentucky and may have such other identifying characteristics as
determined by the Department of Kentucky State Police.
Except provided in this subsection, the following persons may carry
concealed deadly weapons on or about their person at all times and at all
locations within the Commonwealth of Kentucky:
1.
An elected sheriff and full-time and part-time deputy sheriffs certified
pursuant to KRS 15.380 to 15.404 when expressly authorized to do
so by the unit of government employing the officer;
2.
An elected jailer and a deputy jailer who has successfully completed
Department of Corrections basic training and maintains his or her
current in-service training when expressly authorized to do so by the
jailer; and
3.
The department head or any employee of a corrections department
in any jurisdiction where the office of elected jailer has been merged
with the office of sheriff who has successfully completed Department
of Corrections basic training and maintains his or her current
in-service training when expressly authorized to do so by the unit of
government by which he or she is employed.
The provisions of this subsection shall not authorize a person specified in
this subsection to carry a concealed deadly weapon in a detention facility
as defined in KRS 520.010 or on the premises of a detention facility
without the permission of the warden, jailer, or other person in charge of
the facility, or the permission of a person authorized by the warden, jailer,
or other person in charge of the detention facility to give such permission.
As used in this section, "detention facility" does not include courtrooms,
facilities, or other premises used by the Court of Justice or administered
by the Administrative Office of the Courts.
A full-time paid peace officer of a government agency from another state
or territory of the United States or an elected sheriff from another territory
of the United States may carry a concealed deadly weapon in Kentucky,
on or off duty, if the other state or territory accords a Kentucky full-time
paid peace officer and a Kentucky elected sheriff the same rights by law.
If the other state or territory limits a Kentucky full-time paid peace officer
or elected sheriff to carrying a concealed deadly weapon while on duty,
then that same restriction shall apply to a full-time paid peace officer or
elected sheriff from that state or territory.
(b) The provisions of this subsection shall not authorize a person specified in
this subsection to carry a concealed deadly weapon in a detention facility
as defined in KRS 520.010 or on the premises of a detention facility
without the permission of the warden, jailer, or other person in charge of
the facility, or the permission of a person authorized by the warden, jailer,
or other person in charge of the detention facility to give such permission.
As used in this section, "detention facility" does not include courtrooms,
facilities, or other premises used by the Court of Justice or administered
by the Administrative Office of the Courts.
(8) A loaded or unloaded firearm or other deadly weapon shall not be deemed
concealed on or about the person if it is located in any enclosed container,
compartment, or storage space installed as original equipment in a motor
vehicle by its manufacturer, including but not limited to a glove compartment,
center console, or seat pocket, regardless of whether said enclosed container,
storage space, or compartment is locked, unlocked, or does not have a locking
mechanism. No person or organization, public or private, shall prohibit a person
from keeping a loaded or unloaded firearm or ammunition, or both, or other
deadly weapon in a vehicle in accordance with the provisions of this
subsection. Any attempt by a person or organization, public or private, to
violate the provisions of this subsection may be the subject of an action for
appropriate relief or for damages in a Circuit Court or District Court of
competent jurisdiction. This subsection shall not apply to any person prohibited
from possessing a firearm pursuant to KRS 527.040.
(9) The provisions of this section shall not apply to a person who carries a
concealed deadly weapon on or about his or her person without a license
issued pursuant to KRS 237.110:
(a) If he or she is the owner of the property or has the permission of the
owner of the property, on real property which he or she or his or her
spouse, parent, grandparent, or child owns;
(b) If he or she is the lessee of the property or has the permission of the
lessee of the property, on real property which he or she or his or her
spouse, parent, grandparent, or child occupies pursuant to a lease; or
(c) If he or she is the sole proprietor of the business, on real property owned
or leased by the business.
(10) Carrying a concealed weapon is a Class A misdemeanor, unless the defendant
has been previously convicted of a felony in which a deadly weapon was
possessed, used, or displayed, in which case it is a Class D felony.
Effective:July 15, 2014
History: Amended 2014 Ky. Acts ch. 120, sec. 1, effective July 15, 2014. -Amended 2012 Ky. Acts ch. 62, sec. 1, effective July 12, 2012; and ch. 109,
sec. 1, effective July 12, 2012. -- Amended 2011 Ky. Acts ch. 64, sec. 1,
effective June 8, 2011. -- Amended 2007 Ky. Acts ch. 54, sec. 14, effective June
26, 2007; and ch. 85, sec. 329, effective June 26, 2007. -- Amended 2005 Ky.
Acts ch. 182, sec. 17, effective March 31, 2005. -- Amended 2002 Ky. Acts ch.
368, sec. 1, effective July 15, 2002. -- Amended 1996 Ky. Acts ch. 119, sec. 3,
effective October 1, 1996. -- Amended 1978 Ky. Acts ch. 342, sec. 2, effective
June 17, 1978. -- Created 1974 Ky. Acts ch. 406, sec. 235, effective January 1,
1975.
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