LICENSE TO CARRY CONCEALED DEADLY WEAPONS

Kentucky’s license to carry concealed deadly weapons law became effective October

1, 1996 and is contained in KRS 237.110 through 237.136. The following summarizes

the main provisions of the current law and includes the 1998, 2000 and 2002

amendments.

I. Deadly Weapons

The term includes items such as bombs, handguns and other firearms, knives

(other than ordinary pocket knives and hunting knives), police batons, clubs,

blackjacks, slapjacks, nunchaku karate sticks, shurikens or death stars, and artificial

knuckles. (See KRS 500.080.)

II. License Requirements

To get a license a person must:

A person is not eligible to get a license if that person:

by a Convicted Felon).

or (g)), which applies to any person who: (1) is under indictment for or has

been convicted of any felony; (2) is a fugitive from justice; (3) is an unlawful

user of or is addicted to controlled substances; (4) has been judged by a court

to be mentally defective or has been involuntarily committed to a mental

institution; (5) is an illegal alien; (6) has been discharged from the Armed

Forces under dishonorable conditions; (7) has renounced United States

citizenship; (8) is currently subject to a domestic violence protective order; or

(9) has been convicted by any court of a misdemeanor crime of domestic

violence. For this law to apply, the possession must be in, or affecting,

interstate or foreign commerce. Most firearm possession situations meet this

requirement.

convicted of a misdemeanor involving controlled substances;

committed for alcoholism;

involuntarily committed to a mental institution; or

Terroristic Threatening

After a license has been issued, if any of the above takes place, the license will be

suspended or revoked.

III. Licensing Procedures

An application for a license may be obtained from the Sheriff's Office in the

county where the applicant lives. The application asks for the following information:

name, address, place and date of birth, gender (sex), and social security number.

The application also contains statements that the applicant: (1) is eligible for

a license (see "II. License Requirements", above); (2) has been furnished a copy of

and is knowledgeable about KRS 237.110 (the basic licensing law); and (3) has been

furnished a copy of, has read, and understands the provisions of KRS Chapter 503

relating to the use of deadly force in self-defense.

The application contains a warning that the applicant is signing the application

under oath, and that providing false information may result in the applicant being

charged with Perjury in the Second Degree, a Class A misdemeanor, (the applicant

could go to jail for up to 12 months and be fined up to $500).

The applicant must take, and successfully complete, the handgun training required

for applicants. An applicant may ask at the Sheriff's Office for a list of certified

instructors. Instructors are allowed to charge up to $75 for the training plus up to $10

for actual expenses incurred.

A trainer who certifies that an applicant has received training but who, in fact

gave no training or insufficient training has committed a Class D felony (the trainer

could go to prison for a period of 1 to 5 years). An applicant who receives a

certificate of completion of training but who, in fact, did not receive any training or

received insufficient training, must make a report to the local Sheriff,

Commonwealth’s Attorney or County Attorney no later than 30 working days after

receiving the certificate. Failure to report is a Class A misdemeanor.

The applicant must return the completed application form to the Sheriff's Office

with: (1) a recent color photograph; (2) a photocopy of a document showing that the

applicant has successfully completed the handgun training; and (3) a $60 application

fee.

The Sheriff must forward the completed application and accompanying material

within five working days to the Kentucky State Police. The State Police must issue or

deny the license within 90 days of receipt. If denied, the State Police must notify the

applicant that he or she may submit additional material within 30 days. The State

Police must act on the additional information within 20 days. If the license is still

denied, the applicant has 90 days from the date of the denial letter to ask the District

Court in the applicant’s county of residence to review the denial.

A license is good for five years. Renewal also costs $60. Renewal procedures are

similar to the original application procedures except that the applicant for renewal

does not have to take the handgun training again.

IV. Regulation of License Holders

A. Duty to carry license; duty to display license

The license holder must carry the license any time he or she is carrying a

deadly weapon concealed, and must show it to a law enforcement officer if

requested. Failure to carry the license, or to display it, will result in a $25 fine.

B. Change of address; loss or destruction of license

A license holder must notify the Kentucky State Police within 30 days of a change of permanent

address or loss or destruction of the license. Failure to notify may result in a $25 fine. A duplicate license

may be obtained for $15.

C. Places where license holders are prohibited, by state law, from carrying a

concealed firearm

The law does not authorize a license holder to carry a concealed firearm into:

(even if a license holder can carry a concealed firearm into the courthouse,

he or she cannot carry one into a courtroom or other place where court is

in session);

Assembly, or of the governing body of a county, city, or special district;

beverages for consumption on the premises that is devoted primarily to

that purpose;

authorities;

care home (except the owner of a certified child care home may carry a

concealed firearm in his residence that is being used for such a home);

If a license holder carries a concealed firearm into any of the above places, he

may be found guilty of the crime of Carrying a Concealed Deadly Weapon.

D. Places where license holders can be prohibited from carrying concealed deadly

weapon

In addition to the above places where state law prohibits carrying a concealed

firearm, certain persons and institutions can prohibit license holders from carrying

any type of concealed deadly weapon onto their premises.

1. Private businesses, day care centers, family child care homes, or health care

facilities

The owner, lessee, or manager of a private business, day care center,

certified or licensed family child care home, or health care facility can

prohibit license holders from carrying concealed deadly weapons on the

premises (except rented or leased housing), including not only buildings but

also parking lots and other land. If the property is open to the public, signs

must be posted advising that carrying concealed deadly weapons is prohibited.

Carrying a concealed deadly weapon on these premises is not a crime, but the

person can be prevented from entering or asked to leave if already on the

premises. If the violator is an employee, the employee may be disciplined.

Private employers may prohibit license-holding employees and other persons

from carrying concealed deadly weapons or ammunition in vehicles owned by

the employer. The Justice Cabinet may prohibit an employee from carrying

unauthorized weapons or ammunition in vehicles when transporting persons

under the employee’s supervision.

2. Colleges, universities, and post-secondary education facilities

Colleges, universities, and post-secondary education facilities (including

technical schools and community colleges) have the right to control the

possession of deadly weapons (concealed or unconcealed) on property owned

or controlled by them.

3. State, city, county, or urban-county governments

The legislative body of the state or of a city, county, or urban-county

government may prohibit or limit license holders from carrying concealed deadly

weapons in those parts of buildings owned or controlled by that unit of

government. Any such restrictions must exempt the following places: (1)

buildings used for public housing by private persons; (2) highway rest areas; (3)

firing ranges; and (4) private dwellings owned or controlled by that unit of

government. Signs must be posted at the entrance to areas where carrying

concealed is prohibited or limited. Carrying a concealed deadly weapon into one

of these prohibited areas is not a crime, but the person may be prevented from

entering the area or asked to leave if already in the area. If the violator is an

employee, that employee may be disciplined.

E. License holders who are under a domestic violence order

If a domestic violence order (for example, an EPO) is issued by a court

against a license holder, the license holder must surrender the license to the court

or to the law enforcement officer who serves the order. The court will explain

how and when the license will be returned.

F. Carrying a loaded firearm in a bar; restaurant exception

State law (KRS 244.125) prohibits anyone, including a license holder, from

possessing a loaded firearm, whether concealed or in the open, in a room where

alcoholic beverages are being sold by the drink. This prohibition does not apply

to restaurants open to the general public that seat at least 50 people and receive at

least half of their gross annual income from the sale of food.

V. Miscellaneous Provisions

A. Carrying concealed in another state; non-residents carrying concealed in

Kentucky

Whether a Kentucky license holder can legally carry a concealed deadly

weapon into another state depends completely upon the law in the other state.

License holders from another state have the right to carry concealed in Kentucky

subject to the same provisions as a Kentucky license holder.

B. Release of names of license holders

The Kentucky State Police must maintain a list of all license holders with

pertinent information which is available to all Kentucky law enforcement

agencies. This information is confidential and is not available to anyone except

law enforcement agencies. Others can obtain a list of names (without an address

or any other identifying information) of all license holders in Kentucky. The

names of the persons requesting such a list is a public record.