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237.110 License to carry concealed deadly weapon -- Criteria -- Training -Paper or electronic 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 or suspended 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, upon receipt of a
completed application, applicable fees, and any documentation required by this
section or administrative regulation promulgated by 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) 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;
(b) 1.
Is a citizen of the United States who is a resident of this
Commonwealth;
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;
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 is a resident of this Commonwealth; 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;
(c) Is twenty-one (21) years of age or older;
(d) 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;
(e) 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;
(f) 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;
(g) 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) 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)
(5)
(a)
(b)
(6)
(a)
(b)
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 or electronic copy 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.
Persons qualifying under subsection (6)(d) of this section may submit with
their application:
1.
At least one (1) of the following paper or electronic forms or their
successor forms showing evidence of handgun training or handgun
qualifications:
a.
Department of Defense Form DD 2586;
b.
Department of Defense Form DD 214;
c.
Coast Guard Form CG 3029;
d.
Department of the Army Form DA 88-R;
e.
Department of the Army Form DA 5704-R;
f.
Department of the Navy Form OPNAV 3591-1; or
g.
Department of the Air Force Form AF 522; or
2. a.
Documentary evidence of an honorable discharge; and
b.
A notarized affidavit on a form provided by the Department of
Kentucky State Police, signed under penalty of perjury, stating
the person has met the training requirements of subsection
(6)(d) of this section.
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.
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
(7)
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
National Guard or Air National Guard who has successfully
completed the military law enforcement training course required by
that branch of the military; and
4.
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.
(c) Corrections officers who are currently employed by a county containing a
consolidated local government or an urban-county government who have
successfully completed a basic firearms training course required for their
employment, and corrections officers who were formerly employed by a
county containing a consolidated local government or an urban-county
government who are retired, and who successfully completed a basic
firearms training course required for their employment, and are members
of a state-administered retirement system or other retirement system
operated by or for a city, county, or urban-county government in Kentucky
shall be deemed to have met the training requirement.
(d) Active or honorably discharged service members in the United States
Army, Navy, Marine Corps, Air Force, or Coast Guard, or a reserve
component thereof, or of the Army National Guard or Air National Guard
shall be deemed to have met the training requirement if these persons:
1.
Successfully completed handgun training which was conducted by
the United States Army, Navy, Marine Corps, Air Force, or Coast
Guard, or a reserve component thereof, or of the Army National
Guard or Air National Guard; or
2.
Successfully completed handgun qualification within the United
States Army, Navy, Marine Corps, Air Force, or Coast Guard, or a
reserve component thereof, or of the Army Guard or Air Force
National Guard.
(a) 1.
A paper application for a license, or renewal of a license, to carry a
concealed deadly weapon shall be obtained from and submitted to
the office of the sheriff in the county in which the person resides.
2.
An applicant, in lieu of a paper application, may submit an electronic
application for a license, or renewal of a license, to carry a
concealed deadly weapon to the Department of Kentucky State
Police.
3.
Persons qualifying under subsection (6)(d) of this section shall be
supplied the information in subsection (4)(i)4. of this section upon
obtaining an application.
(b) 1.
The completed paper application and any documentation required
by this section plus an application fee or renewal fee, as
(c)
(d)
(e)
appropriate, of sixty dollars ($60) shall be presented to the office of
the sheriff of the county in which the applicant resides.
2.
The sheriff shall transmit the paper application and accompanying
material to the Department of Kentucky State Police within five (5)
working days.
3.
Twenty dollars ($20) of the paper application fee shall be retained
by the office of the sheriff for official expenses of the office. Twenty
dollars ($20) shall be sent to the Department of Kentucky State
Police with the application. Ten dollars ($10) shall be transmitted by
the sheriff to the Administrative Office of the Courts to fund
background checks for youth leaders, and ten dollars ($10) shall be
transmitted to the Administrative Office of the Courts to fund
background checks for applicants for concealed weapons.
1.
A completed electronic application submitted in lieu of a paper
application, any documentation required by this section, and an
application fee or renewal fee, as appropriate, of seventy dollars
($70) shall be presented to the Department of Kentucky State
Police.
2.
If an electronic application is submitted in lieu of a paper application,
thirty dollars ($30) of the electronic application fee shall be retained
by the Department of Kentucky State Police. Twenty dollars ($20)
shall be sent to the office of the sheriff of the applicant's county of
residence for official expenses of the office. Ten dollars ($10) shall
be transmitted to the Administrative Office of the Courts to fund
background checks for youth leaders, and ten dollars ($10) shall be
transmitted to the Administrative Office of the Courts to fund
background checks for applicants for concealed weapon carry
permits.
A full-time or part-time peace officer who is currently certified as a peace
officer by the Kentucky Law Enforcement Council and 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 government in
Kentucky, shall be exempt from paying the paper or electronic application
or renewal fees.
The application, whether paper or electronic, shall be completed, under
oath, on a form or in a manner promulgated by the Department of
Kentucky State Police by administrative regulation which shall include:
1. a.
The name, address, place and date of birth, citizenship,
gender, Social Security number of the applicant; and
b.
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
(8)
federal law of a person who is not a citizen of the United
States;
2.
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;
3.
A statement that the applicant, if qualifying under subsection (6)(c)
of this section, has provided:
a.
At least one (1) of the forms listed in subsection (5) of this
section; or
b.
i.
Documentary evidence of an honorable discharge; and
ii.
A notarized affidavit on a form provided by the
Department of Kentucky State Police stating the person
has met the training requirements of subsection (6)(c) of
this section;
4.
A statement that the applicant has been furnished a copy of this
section and is knowledgeable about its provisions;
5.
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 self-defense in Kentucky; and
6.
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 false document by the applicant, subjects the
applicant to criminal prosecution under KRS 523.030.
The applicant shall submit to the sheriff of the applicant's county of residence
or county of military posting if submitting a paper application, or to the
Department of Kentucky State Police if submitting an electronic application:
(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 paper or electronic certificate or an affidavit or document as described
in subsection (5) of this section;
(d) A paper or electronic document establishing the training exemption as
described in subsection (6) of this section; and
(e) 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, an affidavit as prescribed by administrative regulation
concerning his or her immigration status and 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.
(9) The Department of Kentucky State Police shall, within sixty (60) days after the
date of receipt of the items listed in subsection (8) of this section if the
applicant submitted a paper application, or within fifteen (15) business days
after the date of receipt of the items listed in subsection (8) of this section if the
applicant applied electronically, 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 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 to law enforcement agencies.
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 to any
requester 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 ($25)
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 ($15) for a paper request, or twenty-five dollars ($25) for an
electronic request submitted in lieu of a paper request, 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.
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.
(d) 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.
(e) 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.
(f) 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.
(g) Any party may appeal a decision pursuant to this subsection to the
(h)
(i)
(j)
(k)
(14) (a)
(b)
(c)
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 paper renewal
form, or by filing with the Department of Kentucky State Police an
electronic renewal form in lieu of a paper renewal form, stating that the
licensee remains qualified pursuant to the criteria specified in subsections
(3) and (4) of this section, and the required renewal fee set forth in
subsection (7) of this section. The sheriff shall issue to the applicant a
receipt for the paper application for renewal of the license and shall date
the receipt. The Department of Kentucky State Police shall issue to the
applicant a receipt for an electronic application for renewal of the license
submitted in lieu of a paper application for renewal and shall date the
receipt.
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.
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 ($15). 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 ($25), 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 is not a resident of Kentucky and 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)
(c)
(d)
(e)
If a person with a valid license to carry a concealed deadly weapon
issued from another state that has entered into a reciprocity agreement
with the Department of Kentucky State Police becomes a resident of
Kentucky, the license issued by the other state shall be considered as
valid for the first one hundred twenty (120) days of the person's residence
in Kentucky, if within sixty (60) days of moving to Kentucky, the person
completes a form promulgated by the Department of Kentucky State
Police which shall include:
1.
A signed and notarized statement averring that to the best of his or
her knowledge the person's license to carry a concealed deadly
weapon is valid and in compliance with applicable out-of-state law,
and has not been revoked or suspended for any reason except for
valid forfeiture due to departure from the issuing state;
2.
The person's name, date of birth, citizenship, gender, Social
Security number if applicable, proof that he or she is a citizen of the
United States, a permanent resident of the United States, or
otherwise lawfully present in the United States, former out-of-state
address, current address within the state of Kentucky, date on which
Kentucky residence began, state which issued the concealed carry
license, the issuing state's concealed carry license number, and the
state of issuance of license; and
3.
A photocopy of the person's out-of-state license to carry a
concealed deadly weapon.
Within sixty (60) days of moving to Kentucky, the person shall deliver the
form and accompanying documents by registered or certified mail, return
receipt requested, to the address indicated on the form provided by the
Department of Kentucky State Police pursuant to this subsection.
The out-of-state concealed carry license shall become invalid in Kentucky
upon the earlier of:
1.
The out-of-state person having resided in Kentucky for more than
one hundred twenty (120) days; or
2.
The person being issued a Kentucky concealed deadly weapon
license pursuant to this section.
The Department of Kentucky State Police shall, not later than thirty (30)
days after July 15, 1998, and not less than once every twelve (12) 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
Kentucky-issued 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 twelve (12)
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
(e)
(f)
(g)
(h)
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;
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;
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;
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
(i)
(j)
(k)
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.
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;
2.
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, 2014
History: Amended 2014 Ky. Acts ch. 120, sec. 5, effective July 15, 2014. -Amended 2013 Ky. Acts ch. 32, sec. 5, effective June 25, 2013; and ch. 73, sec.
1, effective June 25, 2013. -- 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 (7/15/2014). In codification, the Reviser
of Statutes has changed a reference in subsection (5)(b)2.b. of this statute from
"training requirements of subsection (6)(c) of this section" as it appeared in 2014
Ky. Acts ch. 120, sec. 5, to read "training requirements of subsection (6)(d) of
this section." It is clear from the context that the training requirements referred to
are the handgun training requirements of the Armed Forces referenced in
subsection (6)(d) of this statute. The Reviser of Statutes has corrected this
manifest clerical or typographical error under the authority of KRS 7.136(h).
2014-2016 Budget Reference. See State/Executive Branch Budget, 2014 Ky. Acts
ch. 117, Pt. I, H, 4, (3) at 649.
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, subsection (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]."
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