Gun laws in Kentucky

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Location of Kentucky in the United States Map of USA KY.svg
Location of Kentucky in the United States

Gun laws in Kentucky regulate the sale, possession, and use of firearms and ammunition in the Commonwealth of Kentucky in the United States.

Contents

Summary table

Subject / lawLong gunsHandgunsRelevant statutesNotes
State permit required to purchase?NoNo
Firearm registration?NoNo
Assault weapon law?NoNo
Magazine capacity restriction?NoNo
Owner license required?NoNo
Permit required for concealed carry?N/ANo KRS § 237.109
KRS § 237.110
Kentucky is a "shall issue" state for citizens and lawful permanent residents who are 21 years or older.
Permitless carry took effect on June 26, 2019.
Permit required for open carry?NoNoMay carry openly without permit.
Castle Doctrine/Stand Your Ground law?YesYes KRS § 503.050
State preemption of local restrictions?YesYes KRS § 65.870
KRS § 237.115
No locality "may occupy any part of the field of regulation of the manufacture, sale, purchase, taxation, transfer, ownership, possession, carrying, storage, or transportation of firearms, ammunition, components of firearms, components of ammunition, firearms accessories, or combination thereof."
The following entities can restrict concealed carry, per law:
  • Postsecondary educational institutions
  • Any unit of government within the state in buildings that it owns, leases, or occupies – however, concealed carry is allowed in highway rest areas, public housing, and private dwellings
NFA weapons restricted?NoNo
Shall certify?YesYes KRS § 237.075 Shall certify within 15 days.
Peaceable Journey laws?NoNo
Background checks required for private sales?NoNo

State constitutional provisions

Article 1, Section 1, Paragraph 7 of the Constitution of Kentucky states, "The right to bear arms in defense of themselves and of the State, subject to the power of the General Assembly to enact laws to prevent persons from carrying concealed weapons."

Concealed carry

Kentucky's concealed carry law, set forth in KRS § 237.110, is "shall-issue". The law is written to allow the carry of concealed "deadly weapons", not just handguns. Although Kentucky allows concealed carry without a permit for those 21 and over, permits are still issued. The permit is called a Concealed Deadly Weapons License (CDWL). The definition of a "deadly weapon", found in KRS § 500.080, includes a wide array of weapons other than guns, including knives (ordinary pocket knives or hunting knives are specifically classified as not being "deadly weapons"), clubs, blackjacks, nunchaku, shuriken, and brass knuckles (including knuckles made from other hard materials). All CDWLs are issued for 5 years. Only Kentucky residents are eligible to apply for and obtain the permit [1]

Kentucky's law in this area has a few distinctive features:

Under KRS § 237.110 (20)(a), Kentucky recognizes all currently valid concealed carry permits issued by other U.S. jurisdictions regardless of age.

On March 16, 2011, a change to KRS § 527.020 was signed into law by Governor Steve Beshear allowing guns to be carried without a permit in any factory-installed compartment within the passenger area of a vehicle. Previously, such carry was only allowed in a glove compartment. [3]

On March 11, 2019, Governor Matt Bevin signed into law Senate Bill 150 that eliminated the requirement of a permit to concealed carry in Kentucky. Open carry is allowed without a permit, and is specifically protected in the Kentucky State Constitution as decided in Holland v Commonwealth.

Prohibited places

KRS § 237.110, which governs the issue of permits, also lists places where concealed carry is prohibited. Per KRS § 237.110 (16), concealed carry is prohibited in:

(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 (If passed by local ordinance); 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.

The prohibition against carrying concealed in an establishment that serves alcohol applies only to the "portion of the establishment [is] primarily devoted to that purpose." This means that concealed carry is allowed in restaurants that serve alcohol, with only the bar section (if present) off-limits to permit holders. This assumes that the owner has not posted the establishment to prohibit concealed carry. (KY preemption does not allow for the banning of "open carry" but only of "concealed carry".)

KRS § 237.110 (17) authorizes private businesses to prohibit concealed carry on their premises (not open carry). Although, only once asked to leave the premises may the gun owner be duly cited for trespassing or disturbing the peace. However, "facilities renting or leasing housing" are specifically prohibited from restricting concealed carry. Private employers can prohibit their employees or permit holders from having weapons concealed in employer-owned vehicles, but cannot prohibit concealed weapons in individually owned vehicles. Public employers (i.e., state and local governments) can prohibit carry within their buildings, but cannot prohibit the carry of weapons by employees or permit holders in any vehicle, with the exception of the Justice and Public Safety Cabinet, which can prohibit employees from carrying any non-duty weapon in a vehicle while they are transporting persons under the employees' jurisdiction or supervision. This provision was upheld against the University of Kentucky in 2012 by the Kentucky Supreme Court, which held that the university could not prevent legal carry of weapons in personal vehicles. [4]

Reciprocity

Though Kentucky observes all other states licenses, not all states observe Kentucky's. [5] The following is a list of states that have reciprocity with Kentucky:

Other laws

KRS § 237.104 prohibits the state from seizing firearms from private citizens in the event of a disaster or emergency.

Suppressors are legally transferable in Kentucky.

Some counties have adopted Second Amendment sanctuary resolutions. [6]

With respect to the prohibition of weapons on school property, KRS § 527.070 (3)(a) states that adults who are not pupils of the school may have weapons in their vehicles as long as they do not remove the weapons from the vehicle or brandish them while on school property.

Visitors are permitted to carry guns into the capitol building in Frankfort, though other potential weapons (such as sticks) are prohibited. [7]

Related Research Articles

Gun laws and policies, collectively referred to as firearms regulation or gun control, regulate the manufacture, sale, transfer, possession, modification, and use of small arms by civilians. Laws of some countries may afford civilians a right to keep and bear arms, and have more liberal gun laws than neighboring jurisdictions. Countries that regulate access to firearms will typically restrict access to certain categories of firearms and then restrict the categories of persons who may be granted a license for access to such firearms. There may be separate licenses for hunting, sport shooting, self-defense, collecting, and concealed carry, with different sets of requirements, permissions, and responsibilities.

Concealed carry, or carrying a concealed weapon (CCW), is the practice of carrying a weapon in public in a concealed manner, either on one's person or in close proximity. CCW is often practiced as a means of self-defense. Following the Supreme Court's NYSRPA v. Bruen (2022) decision, all states in the United States were required to allow for concealed carry of a handgun either permitlessly or with a permit, although the difficulty in obtaining a permit varies per jurisdiction.

<span class="mw-page-title-main">Concealed carry</span> Practice of carrying a handgun or other weapon in public in a concealed or hidden manner

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References

  1. "Kentucky Concealed Carry Process" . Retrieved August 12, 2015.
  2. "503 Kentucky Administrative Regulations 4.050: Required content and conduct of the applicant training course". Lrc.ky.gov. July 15, 2006. Retrieved November 23, 2011.
  3. "Kentucky: Legislation to Restore Gun Rights and a Compartment-Carry Bill Signed into Law Today by Governor Beshear" (Press release). National Rifle Association, Institute for Legislative Action. March 16, 2011. Retrieved March 23, 2011.
  4. Mitchell v. University of Kentucky et al., 2010-SC-000762-TG, Supreme Court of Kentucky, April 26, 2012.
  5. Kentucky State Police CCDW Reciprocity
  6. Reynolds, Hannah. "Harlan County becomes 2nd Amendment Sanctuary". www.wymt.com. Retrieved December 18, 2019.
  7. Wade, Peter (February 1, 2020). "Fully Armed Rally-Goers Enter Kentucky's Capitol Building With Zero Resistance". Rolling Stone. Retrieved April 21, 2020.