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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
(b)
(c)
(6)
(a)
(b)
(7)
(a)
U.S.C. sec. 926C, and KRS 237.138 to 237.142.
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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