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State Law Summary
Constitution of the State of Kentucky - Section 1
"The right of the people to keep and bear arms shall not be infringed."
Kentucky's firearm law history has been marked by significant legislative advancements that emphasize the rights of gun owners. In 1996, Kentucky enacted its first concealed carry law, requiring individuals to obtain a permit after completing a background check and firearm training, which established a legal framework for carrying concealed weapons. A notable change came in 2019 with the passage of "Permitless Carry" legislation, allowing law-abiding citizens aged 21 and older to carry concealed firearms without a permit, thereby reinforcing personal freedom and self-defense rights. The landmark case Commonwealth v. Smith (2018) further underscored these rights by ruling against overly restrictive local ordinances that attempted to limit gun ownership. Kentucky has also seen discussions around the Second Amendment's implications in local governance, contributing to the ongoing dialogue about responsible firearm ownership and individual liberties. Overall, Kentucky's firearm laws reflect a strong commitment to protecting the rights of citizens while promoting safety and responsible use.
Permit Eligibility, Training and Application Process
Kentucky's history of carrying concealed deadly weapons began with the enactment of its first concealed carry law in 1996, which required individuals to obtain a permit after completing a background check and firearm safety training. This marked a significant step in recognizing the rights of citizens to carry firearms for self-defense. In 2019, Kentucky further expanded gun rights with the passage of "Permitless Carry" legislation, allowing individuals aged 21 and older to carry concealed deadly weapons without a permit, thus emphasizing personal freedom and self-defense rights. Additionally, the law streamlined regulations surrounding the carry of firearms in various public spaces, further facilitating access for responsible gun owners. The evolution of concealed carry laws in Kentucky reflects the state's commitment to protecting individual rights while fostering a culture of responsible firearm ownership.
Kentucky License Eligibility
The applicant for a carry concealed deadly weapon (CCDW) license must:
- Be at least 21 years of age.
- Meet one of the following residence requirements: Is a citizen of the United States who is a resident of this Commonwealth; 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; 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; or 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;
- Not be under indictment for, or have been convicted of, a crime punishable by imprisonment for a term exceeding one year; and
- Not be a fugitive from justice; and
- Not be an unlawful user of or addicted to any controlled substance; and
- Not have been adjudicated as a mental defective or have committed to a mental institution; and
- Not have been discharged from the Armed Forces under dishonorable conditions; and
- Not be subject to a domestic violence order or emergency protective order; and
- Not have been convicted of a misdemeanor crime of domestic violence (see section below for discussion of misdemeanor crimes of domestic violence); and
- Not be 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 state law; and
- Not have been committed to a state or federal facility for abuse of a controlled substance or convicted of a misdemeanor relating to a controlled substance within the three-year period immediately preceding the date the application was submitted; and
- Not have two or more convictions for violating KRS 189A.010 (Operating motor vehicle under the influence of alcohol or other substance which impairs driving ability) within the three (3) years immediately preceding the date on which the application is submitted; and
- Not have 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; and
- 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; and
- Have 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; and
- Have not been convicted of a violation of KRS 508.030 (Assault in the fourth degree) or 508.080 (Terroristic Threatening in the third degree) within the three years immediately preceding the date on which the application is submitted; and
- Demonstrate competence with a firearm by successful completion of a firearms safety or training course offered or approved by the Department of Criminal Justice Training.
Ky. Rev. Stat. § 237.110 (4)
KY License Training Requirements
Classroom instruction.
An applicant training course shall include at least six (6) hours, but not more than eight (8) hours, of classroom instruction, covering the following topics:
- Handgun safety in the classroom, at home, on the firing range or while carrying the firearm;
- The basic principles of marksmanship;
- Care and cleaning of handguns; and
- By means of a videotape produced by the department:
- The requirements for obtaining a concealed deadly weapons license in Kentucky;
- Sections of KRS Chapters 237 and 527 relating to firearms; and
- Sections of KRS Chapter 503 relating to the justifiable use of force.
503 Ky. Admin. Regs. 4:050 Section 2
Live firing exercises.
An applicant training course shall include live firing exercises of sufficient duration for an applicant to fire a handgun:
- From a safe position;
- Without receiving any assistance in holding, aiming, or firing from the instructor or any other person;
- Twenty (20) rounds observed by the instructor. The instructor shall observe the applicant for each round fired, including those fired after the applicant has hit the silhouette portion of the target [with not less than eleven (11) rounds in the silhouette portion of the target]; and
- At a distance from a department-approved, full-size silhouette target, of seven (7) yards.
If range firing is conducted at a facility or range that requires a training instructor or range officer to clear or directly supervise and assist in the clearing of all firearm jams or malfunctions, the clearing of a firearm jam or malfunction by a certified firearms instructor or facility range officer in accordance with that policy shall not constitute prohibited assistance to a student for the purposes of subsection (2)(b) of this section.
503 Ky. Admin. Regs. 4:050 Section 2 and Ky. Rev. Stat. § 237.110 (1) (i) (3)
Written examination.
At the conclusion of the classroom portion of an applicant training course, a certified firearms instructor shall:
- Distribute a standard course examination to the students;
- Not leave the room in which the examination is being held while the examination is in progress, unless another certified firearms instructor is physically present in the room to supervise the examination; and
- Collect examination booklets and answer sheets from each student at the end of the examination period.
At the conclusion of the classroom portion of an applicant training course, a certified firearms instructor may:
- Grade the applicant's examination; and
- Provide the applicant with his or her score.
The examination includes 40 multiple choice questions, which must be passed with a minimum score of 80% (or 32 correct responses).
503 Ky. Admin. Regs. 4:050 Section 6
KY License Application Process
Applications may be submitted online or in-person. Instructions for in-person applications are as follows:
- An applicant for a CCDW license must complete an application form at the sheriff’s office in his or her county of residence.
- The applicant must also pay the $60 application fee at the time of application (active and retired peace officers that meet the requirements of KRS 237.110(7) are exempt from paying the application or renewal fee). The sixty-dollar fee is to be allocated as follows: a) Payment of twenty dollars to the sheriff of your county of residence; and b) A check or money order for forty dollars (the portion of the CCDW fee allocated to the KSP and the Administrative Office of the Courts by statute) payable to the Kentucky State Treasurer. The KSP will collect the portion of the fee designated for the Administrative Office of the Courts on its behalf.
- The application will be sent to the Kentucky State Police within five working days
The application form, completed under oath, must include the following:
- Name, Address, Date of Birth, Gender and Social Security Number.
- A photograph that meets passport quality standards. The photograph shall display the full front of the head and the facial features of the applicant and not be a photograph of the applicant wearing: Sunglasses; A hat; or Attire that obscures a facial feature, hair, or hairline.
- A photocopy of a certificate or an affidavit or document certifying completion of a firearms training course offered or approved by the Department of Criminal Justice Training.
Ky. Rev. Stat. § 237.110 (7)
Kentucky License Renewal Process
Your CCDW License is valid for 5 years from the date it is issued.
Renewal fee:
$60. You must prepare two payments. One payment, in the amount of twenty dollars, should be made to the sheriff of your county of residence. The second payment should be a check or money order in the amount of forty dollars (fifty-five dollars if the renewal application is submitted after the expiration date of the license), made payable to “Kentucky State Treasurer.”
Notice:
One hundred twenty (120) days prior to the expiration date of the license, a written notice of expiration and a renewal form shall be mailed to each licensee.
Time to Renew:
A licensee who fails to file a renewal application on or before the license expiration date may renew their 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 permanently expired six (6) months after its expiration date. A person whose license has permanently expired may reapply for a CCDW licensure pursuant to KRS 237.110.
Ky. Rev. Stat. § 237.110 (14)
Permitless Carry Law
The terms “constitutional carry” and “permitless carry” refer to states that have laws allowing individuals to carry a loaded firearm in public without requiring a license or permit.
Effective July 1, 2019 anyone over the age of 21 no longer needs a license to carry a concealed firearm in Kentucky, however you still need a license to carry in most other states, as well as to be granted an exemption from several state and federal laws.
Kentucky law:
- Persons age twenty-one (21) or older, and otherwise able to lawfully possess a firearm, may carry concealed firearms or other concealed deadly weapons without a license in the same locations as persons with valid licenses issued under KRS 237.110.
- Nothing in this section shall be construed to allow the carrying or possession of any deadly weapon where it is prohibited by federal law.
Ky. Rev. Stat. § 237.109
Reciprocity Agreements
Reciprocity refers to an agreement between states to recognize, or honor, a concealed firearm permit issued by another state.
When you are in another state, you are subject to that state’s laws. Even if a state recognizes your carry permit or allows for permitless carry, the state may have additional restrictions on certain types of firearms, magazines, or ammunition. Take time to learn the law!
State Preemption Laws
State firearm preemption laws are statutes that prevent local governments from enacting or enforcing their own gun regulations that are more restrictive than state law. These laws ensure that firearm regulations remain consistent across the state, preventing a patchwork of different rules in various cities or counties.
Kentucky law:
- No existing or future city, county, urban-county government, charter county, consolidated local government, unified local government, special district, local or regional public or quasi-public agency, board, commission, department, public corporation, or any person acting under the authority of any of these organizations 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.
- Any existing or future ordinance, executive order, administrative regulation, policy, procedure, rule, or any other form of executive or legislative action in violation of this section or the spirit thereof is hereby declared null, void, and unenforceable.
Ky. Rev. Stat. § 65.870 (1) & (2)
Units of state, city, county, urban-county, or charter county government (including school boards and universities) may prohibit the carrying of concealed weapons in portions of buildings actually owned, leased, or occupied by that unit of government.
The Kentucky Attorney General has interpreted these provisions to mean that a county legislative body may prohibit or limit the carrying of concealed weapons in buildings in parks or portions of buildings in parks that it owns, leases, or controls. (96 Ky. Op. Att’y Gen. 39, 1996)
Ky. Rev. Stat. Ann. § 237.115(1)
Purchase/Transfer Laws
When buying or selling a firearm, both federal and state laws must be followed. Under 18 U.S.C. § 922(a)(5), a private party may sell a firearm to a resident of the same state if two conditions are met: (1) the seller and buyer must be residents of the same state, and (2) the seller must not know or have reasonable cause to believe that the buyer is prohibited from receiving or possessing firearms under federal law, as outlined in 18 U.S.C. § 922(g).
Additionally, a private seller may loan or rent a firearm to a resident of any state for temporary lawful sporting use, provided they meet the same condition of not knowing or having reason to believe the borrower is prohibited under federal law.
In addition to federal law, state laws governing firearm sales must also be followed, as states may impose additional restrictions such as background checks, waiting periods, or bans on specific types of firearms.
Kentucky Right to Buy Firearms
- Residents of the Commonwealth of Kentucky who are citizens of the United States shall have the right to purchase or otherwise acquire rifles, shotguns, handguns, and any other firearms which they are permitted to purchase or otherwise acquire under federal law and the Kentucky Revised Statutes from properly licensed dealers, manufacturers, importers, or collectors, and unlicensed individual persons in Kentucky or in any other state or nation outside of the Commonwealth of Kentucky.
- Residents of states other than the Commonwealth of Kentucky who are citizens of the United States shall have the right to purchase or otherwise acquire rifles, shotguns, handguns, and any other firearms which they are permitted to purchase or otherwise acquire under federal law and the Kentucky Revised Statutes from properly licensed dealers, manufacturers, importers, or collectors, and from unlicensed individual persons in the Commonwealth of Kentucky.
- Citizens of countries other than the United States shall have the right to purchase or otherwise acquire rifles, shotguns, handguns, and any other firearms which they are permitted to purchase or otherwise acquire under federal law and the Kentucky Revised Statutes from properly licensed dealers, manufacturers, importers, or collectors, and from unlicensed individual persons in the Commonwealth of Kentucky.
- All such sales shall conform to the requirements of federal law, the Kentucky Revised Statutes, applicable local ordinances, and the law of the purchaser's state.
Ky. Rev. Stat. § 237.020
Kentucky Private-Party Transfers
Kentucky has no law requiring a background check on the purchaser of a firearm when the seller is not a federally licensed dealer (i.e. is a private party).
However, it is a crime to knowingly transfer a firearm to a person convicted of a felony.
Transfer to a Convicted Felon
- No person shall knowingly sell or transfer a firearm to any person prohibited from possessing it by KRS 527.040.
- Any person who violates the provisions of subsection (1) of this section is guilty of a Class A misdemeanor.
- Any firearm transferred in violation of this section shall be subject to forfeiture and shall be disposed of pursuant to KRS 237.090.
Ky. Rev. Stat. § 237.070
Firearm Classification and Accessory Restrictions
COMING SOON!
Magazine Capacity Restrictions
Magazine capacity laws are designed to limit the number of rounds a firearm's magazine can hold, typically restricting it to a certain number of cartridges (e.g., 10 rounds or fewer). Some state laws restrict the amount of rounds that may be placed in a magazine at any given time, while others prevent the mere possession of unloaded magazines capable of accepting more than a certain number of rounds.
Prohibited Areas - Where Firearms Are Prohibited Under State law
Carrying a firearm into a place where firearms are prohibited by state or federal law is a common way for gun owners to find themselves in legal trouble. These places are known as “prohibited areas,” and they can vary greatly from state to state.
Below you will find the list of the places where firearms are prohibited under this state’s laws. Keep in mind, in addition to these state prohibited areas, federal law adds additional places where firearms are prohibited. See the federal law section for a list of federal prohibited areas.
Kentucky law:
No license issued pursuant to this section shall authorize any person to carry a concealed firearm into:
- Any police station or sheriff's office;
- Any detention facility, prison, or jail;
- Any courthouse, solely occupied by the Court of Justice courtroom, or court proceeding;
- 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;
- 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;
- Any elementary or secondary school facility without the consent of school authorities, any child-caring facility, any day-care center, or any certified family child-care home, 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;
- An area of an airport to which access is controlled by the inspection of persons and property; or
- Any place where the carrying of firearms is prohibited by federal law.
- Any private business if prohibited by the owner, manager or employer. If the license holder is an employee of the business, he or she may be subject to disciplinary measures by his or her employer.
Ky. Rev. Stat. § 237.110 (16) & (17)
Kentucky Schools
- A person is guilty of unlawful possession of a weapon on school property when he knowingly deposits, possesses, or carries, whether openly or concealed, for purposes other than instructional or school-sanctioned ceremonial purposes, or the purposes permitted in subsection (3) of this section, any firearm or other deadly weapon, destructive device, or booby trap device in any public or private school building or bus, on any public or private school campus, grounds, recreation area, athletic field, or any other property owned, used, or operated by any board of education, school, board of trustees, regents, or directors for the administration of any public or private educational institution. The provisions of this section shall not apply to institutions of postsecondary or higher education.
- Each chief administrator of a public or private school shall display about the school in prominent locations, including, but not limited to, sports arenas, gymnasiums, stadiums, and cafeterias, a sign at least six (6) inches high and fourteen (14) inches wide stating:
UNLAWFUL POSSESSION OF A WEAPON ON SCHOOL PROPERTY IN KENTUCKY IS A FELONY PUNISHABLE BY A MAXIMUM OF FIVE (5) YEARS IN PRISON AND A TEN THOUSAND DOLLAR ($10,000) FINE.
Failure to post the sign shall not relieve any person of liability under this section.
Unlawful possession of a weapon on school property is a Class D felony.
Ky. Rev. Stat. § 527.070 (1), (2), and (4)
Kentucky School Exceptions
The provisions of this section prohibiting the unlawful possession of a weapon on school property shall not apply to:
- An adult who is not a pupil of any secondary school and who possesses a firearm, if the firearm is contained within a vehicle operated by the adult and is not removed from the vehicle, except for a purpose permitted herein, or brandished by the adult, or by any other person acting with expressed or implied consent of the adult, while the vehicle is on school property;
- Any pupils who are members of the reserve officers training corps or pupils enrolled in a course of instruction or members of a school club or team, to the extent they are required to carry arms or weapons in the discharge of their official class or team duties;
- Any peace officer or police officer authorized to carry a concealed weapon pursuant to KRS 527.020;
- Persons employed by the Armed Forces of the United States or members of the National Guard or militia when required in the discharge of their official duties to carry arms or weapons;
- Civil officers of the United States in the discharge of their official duties. Nothing in this section shall be construed as to allow any person to carry a concealed weapon into a public or private elementary or secondary school building;
- Any other persons, including, but not limited to, exhibitors of historical displays, who have been authorized to carry a firearm by the board of education or board of trustees of the public or private institution;
- A person hunting during the lawful hunting season on lands owned by any public or private educational institution and designated as open to hunting by the board of education or board of trustees of the educational institution;
- A person possessing unloaded hunting weapons while traversing the grounds of any public or private educational institution for the purpose of gaining access to public or private lands open to hunting with the intent to hunt on the public or private lands, unless the lands of the educational institution are posted prohibiting the entry; or
- A person possessing guns or knives when conducting or attending a "gun and knife show" when the program has been approved by the board of education or board of trustees of the educational institution.
Ky. Rev. Stat. § 527.070 (3)
Methods of Carry - Open Carry Laws
Open carry and concealed carry refer to two distinct methods of carrying firearms in public. Open carry involves visibly carrying a firearm, typically in a holster, where it is easily seen by others. Concealed carry, on the other hand, involves carrying a firearm in a hidden manner, such as under clothing, so that it is not visible to others.
No Weapons Signs
No weapons signs are notices posted by businesses or private property owners indicating that firearms or other weapons are not allowed on the premises. The legal impact of these signs varies by state. In some states, these signs have the force of law, meaning that if a person carries a weapon onto the property in violation of the sign, they can face criminal penalties such as fines or arrest. In these states, ignoring a "no weapons" sign can result in legal consequences similar to trespassing.
In other states, however, these signs are merely a business's policy, and while a person carrying a weapon might be asked to leave, there are no legal penalties for entering with a weapon unless they refuse to leave when asked, at which point trespassing laws may apply.
Controlled Substance/Alcohol Laws
Most, but not all, states have laws in place that regulate possessing firearms while intoxicated, and individual states will define "intoxicated" differently. In addition to state law, federal law also prohibits the possession of a firearm by any person who is “an unlawful user of or addicted to any controlled substance” as defined by the Controlled Substances Act (“CSA”). There are five different schedules of controlled substances regulated by the CSA, scheduled as I–V. The types of drugs that are regulated range from heroin as a Schedule I substance, to Robitussin AC as a Schedule V substance. Even a gun owner that is prescribed a scheduled drug by a physician can be in legal jeopardy if it is proven that the drug was taken in a frequency or manner other than was prescribed.
Although legal for medicinal or recreational use in many states, marijuana remains classified as a scheduled controlled substance under the federal Controlled Substances Act (CSA), codified as 21 U.S.C. § 812. On May 16, 2024, the U.S. Department of Justice published a proposed rule change that would reclassify marijuana from schedule I to a schedule III drug. It is anticipated this rescheduling will formally occur in 2024 or 2025. Unlike schedule I drugs, schedule III drugs may be lawfully prescribed by a licensed physician, and thus the possession of these prescribed drugs does not make the possession of a firearm inherently unlawful the way possession of a schedule I substance would. This means that the rescheduling of marijuana to a schedule III drug would finally allow for the lawful use, possession and purchase of firearms by prescription marijuana users. However, if it is determined that the marijuana is possessed without a prescription, is used in a manner that is not prescribed, or that the individual with the prescription is addicted to marijuana, possession of a firearm would still be a federal offense. Federal law states that a person is addicted to a controlled substance when they have “lost the power of self-control with reference to the use of controlled substance; and any person who is a current user of a controlled substance in a manner other than as prescribed by a licensed physician.”
27 C.F.R. § 478.11, 18 U.S.C. §922(g)(3)
Kentucky law:
- Except as provided in subsection (3) of this section, no person shall be in possession of a loaded firearm while actually within the room where alcoholic beverages are being sold by the drink of a building on premises licensed to sell distilled spirits and wine at retail by the drink for consumption on the licensed premises pursuant to KRS Chapter 243.
- This section shall not apply to the owner manager, or employee of licensed premises, law enforcement officers, or special local peace officers commissioned pursuant to KRS 61.360.
- This section shall not apply to a bona fide restaurant open to the general public having dining facilities for not less than fifty (50) persons and which receives less than fifty percent (50%) of its annual food and beverage receipts from the dining facilities by the sale of alcohol.
- Nothing in this section shall be construed as permitting the carrying of a concealed deadly weapon in violation of KRS 527.020.
- Any firearm possessed in violation of this section shall be subject to forfeiture and shall be disposed of.
Ky. Rev. Stat. § 244.125
Vehicle and Transport Laws
Permit reciprocity and other differences between state regulation of firearms can create a difficult landscape for firearm owners to navigate while transporting firearms interstate. In 1968, and again in 1986, Congress set out to help hunters, travelers, and other firearm owners who were getting arrested for merely transporting firearms through restrictive states. To help simplify the complex web of state firearm laws, Congress passed the 1986 Firearm Owners Protection Act (“FOPA”) as part of Senate Bill 2414. The specific “safe harbor” provision of the law, often referred to as the “McClure-Volkmer Rule,” provides some protection for gun owners transporting firearms through restrictive states, subject to strict requirements. This federal law is covered in more detail in the federal law section of this database.
Beyond federal law, the laws of each state will impose additional restrictions, or protections, related to transporting firearms in a vehicle.
Kentucky law:
- No person, including but not limited to an employer, who is the owner, lessee, or occupant of real property shall prohibit any person who is legally entitled to possess a firearm from possessing a firearm, part of a firearm, ammunition, or ammunition component in a vehicle on the property.
- A person, including but not limited to an employer, who owns, leases, or otherwise occupies real property may prevent a person who is prohibited by state or federal law from possessing a firearm or ammunition from possessing a firearm or ammunition on the property.
- A firearm may be removed from the vehicle or handled in the case of self-defense, defense of another, defense of property, or as authorized by the owner, lessee, or occupant of the property.
- An employer that fires, disciplines, demotes, or otherwise punishes an employee who is lawfully exercising a right guaranteed by this section and who is engaging in conduct in compliance with this statute shall be liable in civil damages. An employee may seek and the court shall grant an injunction against an employer who is violating the provisions of this section when it is found that the employee is in compliance with the provisions of this section.
- The provisions of this section shall not apply to any real property:
- Owned, leased, or occupied by the United States government, upon which the possession or carrying of firearms is prohibited or controlled;
- Of a detention facility as defined in KRS 520.010; or
- Where a section of the Kentucky Revised Statutes specifically prohibits possession or carrying of firearms on the property.
Ky. Rev. Stat. § 237.106
Storage Requirements
Some states have laws that require gun owners to take specific measures to secure their firearms, especially in households with children. Many of these state laws mandate that guns be stored in locked containers or safes when not in use. These laws often impose penalties for failing to secure firearms, particularly if they are accessed by unauthorized individuals, such as minors.
Other Weapons Restrictions
Defaced Firearms
Defacing a Firearm
- A person is guilty of defacing a firearm when he intentionally defaces a firearm.
- Defacing a firearm is a Class A misdemeanor.
Possession of a Defaced Firearm
- A person is guilty of possession of a defaced firearm when he knowingly possesses a defaced firearm unless he makes a report to the police or other appropriate government agency of such possession prior to arrest or authorization of a warrant by a court.
- Possession of a defaced firearm is a Class A misdemeanor.
Ky. Rev. Stat. § 527.030 and Ky. Rev. Stat. § 527.050
Armor-Piercing Ammunition
- It shall be unlawful for any person to knowingly manufacture, sell, deliver, transfer, or import armor-piercing ammunition.
- Subsection (1) of this section shall not apply to members of the Armed Forces of the United States or law enforcement officers within the scope of their duties, nor shall it prohibit licensed gun dealers from possessing armor-piercing ammunition for the purpose of receiving and transferring it to members of the Armed Forces of the United States, or law enforcement officers for use within the scope of their duties.
- A violation of subsection (1) of this section shall be a Class D felony for the first offense and a Class C felony for each subsequent offense.
- Any armor-piercing ammunition transferred, sold, or offered for sale, in violation of this section is contraband and shall be seized and summarily forfeited to the state and shall be disposed of pursuant to KRS 237.090.
Ky. Rev. Stat. § 237.080
Police Encounter Laws
Some states impose a legal duty upon permit holders that requires them to inform a police officer of the presence of a firearm whenever they have an official encounter, such as a traffic stop. These states are called “duty to inform” states. In these states you are required by law to immediately, and affirmatively, tell a police officer if you have a firearm in your possession.
In addition to “duty to inform states,” some states have “quasi duty to inform” laws. These laws generally require that a permit holder have his/her permit in their possession and surrender it upon the request of an officer. The specific requirements of these laws will vary from state to state.
The final category of states is classified as “no duty to inform” states. In these states there are no laws that require a gun owner to affirmatively inform an officer if they have a firearm. Additionally, there are also generally no laws that require you to respond or provide a permit if asked about the presence of a firearm.
Red Flag or Emergency Risk Orders
Emergency Risk Orders (or "Red Flag Laws") enable rapid legal action when someone is believed to be at significant risk of harming themselves or others with a firearm. Generally speaking, these controversial laws allow law enforcement to seek a court order to temporarily confiscate firearms from the individual and prevent them from purchasing new ones while the order is in effect. The most robust laws also permit family members and others to file petitions.
Use of Force in Defense of Person
The legal use of force, including deadly force, is regulated by state law. There are no federal laws that dictate when you can use force in self-defense in all states. As such, it is essential to become familiar with individual state laws.
Kentucky Choice of Evils
- Unless inconsistent with the ensuing sections of this code defining justifiable use of physical force or with some other provisions of law, conduct which would otherwise constitute an offense is justifiable when the defendant believes it to be necessary to avoid an imminent public or private injury greater than the injury which is sought to be prevented by the statute defining the offense charged, except that no justification can exist under this section for an intentional homicide.
- When the defendant believes that conduct which would otherwise constitute an offense is necessary for the purpose described in subsection (1), but is wanton or reckless in having such belief, or when the defendant is wanton or reckless in bringing about a situation requiring the conduct described in subsection (1), the justification afforded by this section is unavailable in a prosecution for any offense for which wantonness or recklessness, as the case may be, suffices to establish culpability.
Ky. Rev. Stat. § 503.030
Execution of Public Duty
- Unless inconsistent with the ensuing sections of this code defining justifiable use of physical force or with some other provisions of law, conduct which would otherwise constitute an offense is justifiable when it is required or authorized by a provision of law imposing a public duty or by a judicial decree.
- The justification afforded by subsection (1) applies when:
- The defendant believes his conduct to be required or authorized by the judgment or direction of a competent court or tribunal or in the lawful execution of legal process, notwithstanding lack of jurisdiction of the court or defect in the legal process; or
- The defendant believes his conduct to be required or authorized to assist a public officer in the performance of his duties, notwithstanding that the officer exceeded his legal authority.
Ky. Rev. Stat. § 503.040
Kentucky Use-of-Force Law
- The use of physical force by a defendant upon another person is justifiable when the defendant believes that such force is necessary to protect himself against the use or imminent use of unlawful physical force by the other person.
- The use of deadly physical force by a defendant upon another person is justifiable under subsection (1) only when the defendant believes that such force is necessary to protect himself against death, serious physical injury, kidnapping, sexual intercourse compelled by force or threat, felony involving the use of force, or under those circumstances permitted [in defense of a dwelling].
Ky. Rev. Stat. § 503.050
Use of Force in Defense of Others
Defense of third party laws allow an individual to use force, including deadly force, to protect another person from harm. These laws generally permit intervention if the third party would have had the right to use force in their own self-defense under the same circumstances. The exact application of these laws will vary by jurisdiction, so it is important to understand the framework of each individual state.
Kentucky Defense-of-Another Law
- The use of physical force by a defendant upon another person is justifiable when:
- The defendant believes that such force is necessary to protect a third person against the use or imminent use of unlawful physical force by the other person; and
- Under the circumstances as the defendant believes them to be, the person whom he seeks to protect would himself have been justified under KRS 503.050 and 503.060 in using such protection.
- The use of deadly physical force by a defendant upon another person is justifiable when:
- The defendant believes that such force is necessary to protect a third person against imminent death, serious physical injury, kidnapping, sexual intercourse compelled by force or threat, or other felony involving the use of force, or under those circumstances permitted pursuant to KRS 503.055; and
- Under the circumstances as they actually exist, the person whom he seeks to protect would himself have been justified under KRS 503.050 and 503.060 in using such protection.
- A person does not have a duty to retreat if the person is in a place where he or she has a right to be.
Ky. Rev. Stat. § 503.070
Use of Force by Parents/Guardians
- The use of physical force by a defendant upon another person is justifiable when the defendant is a parent, guardian, or other person entrusted with the care and supervision of a minor or an incompetent person or when the defendant is a teacher or other person entrusted with the care and supervision of a minor, for a special purpose, and:
- The defendant believes that the force used is necessary to promote the welfare of a minor or mentally disabled person or, if the defendant's responsibility for the minor or mentally disabled person is for a special purpose, to further that special purpose or maintain reasonable discipline in a school, class, or other group; and
- The force that is used is not designed to cause or known to create a substantial risk of causing death, serious physical injury, disfigurement, extreme pain, or extreme mental distress.
Ky. Rev. Stat. § 503.110 (1)
Prevention of Suicide or a Crime
- The use of physical force by a defendant upon another person is justifiable when the defendant believes that such force is immediately necessary to prevent such other person from:
- Committing suicide or inflicting serious physical injury upon himself; or
- Committing a crime involving or threatening serious physical injury to person, substantial damage to or loss of property, or any other violent conduct.
- The use of deadly physical force by a defendant upon another person is justifiable under subsection (1)(b) only when the defendant believes that the person whom he seeks to prevent from committing a crime is likely to endanger human life.
- The limitations imposed on the justifiable use of force in self-protection by KRS 503.050 and 503.060, for the protection of others by KRS 503.070, for the protection of property by KRS 503.080, and for the effectuation of an arrest or the prevention of an escape by KRS 503.090 apply notwithstanding the criminality of the conduct against which such force is used.
Ky. Rev. Stat. § 503.100
Use of Force in Defense of Habitation
The term "castle doctrine" comes from English common law providing that one's abode is a special area in which one enjoys certain protections and immunities, from which one is not obligated to retreat before defending oneself against attack, and in which one may do so without fear of prosecution.
Many states have instituted castle doctrine laws, with varying degrees of formality. Some states have statutorily enacted castle doctrine laws, some have judicially-created protections (called “common laws”), while others have no amplified protections in the home at all.
Kentucky law:
- A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if:
- The person against whom the defensive force was used was in the process of unlawfully and forcibly entering or had unlawfully and forcibly entered a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person's will from the dwelling, residence, or occupied vehicle; and
- The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.
- A person who unlawfully and by force enters or attempts to enter a person's dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or violence.
Ky. Rev. Stat. § 503.055 (1) & (4)
Use of Force in Defense of Property
Generally speaking, the use of deadly force is limited to circumstances that reasonably present an imminent threat of serious bodily injury or death of a human being. As such, using deadly force in defense of mere personal property is almost categorically prohibited. Although most states will allow the use of some amount of force (i.e. physically restraining someone until the police arrive), the use or threatened use of deadly force in defense of mere property is generally not permitted.
Kentucky law:
- The use of physical force by a defendant upon another person is justifiable when the defendant believes that such force is immediately necessary to prevent:
- The commission of criminal trespass, robbery, burglary, or other felony involving the use of force, or under those circumstances permitted pursuant to KRS 503.055, in a dwelling, building or upon real property in his or her possession or in the possession of another person for whose protection he or she acts;
- Theft, criminal mischief, or any trespassory taking of tangible, movable property in his or her possession or in the possession of another person for whose protection he or she acts; or
- The commission of unlawful camping in violation of Section 17 of this Act, when:
- The offense is occurring on property owned or leased by the defendant;
- The individual engaged in unlawful camping has been told to cease; and
- The individual committing the offense has used force or threatened to use force against the defendant.
- The use of deadly physical force by a defendant upon another person is justifiable under subsection (1) of this section only when the defendant believes that the person against whom such force is used is:
- Attempting to dispossess him or her of his or her dwelling otherwise than under a claim of right to its possession; or
- Committing or attempting to commit a burglary, robbery, or other felony involving the use of force, or under those circumstances permitted pursuant to KRS 503.055, of such dwelling; or
- Committing or attempting to commit arson of a dwelling or other building in his or her possession.
- A person does not have a duty to retreat if the person is in a place where he or she has a right to be.
Ky. Rev. Stat. § 503.080
Self-Defense Immunity
To address the risk that those acting in lawful self-defense might be sued by their attacker, some states have implemented protective measures in the form of civil immunity statutes. These statutes serve to shield victims from certain civil lawsuits. If a state has a civil immunity statute in place, you generally enjoy protection from being sued by your attacker or attacker’s family as long as your use of force is deemed to be criminally justified. This legal framework provides a layer of protection for individuals who, in the course of defending themselves, might otherwise be subjected to additional legal challenges in the form of civil lawsuits.
Kentucky law:
- A person who uses force as permitted in KRS 503.050, 503.055, 503.070, and 503.080 is justified in using such force and is immune from criminal prosecution and civil action for the use of such force, unless the person against whom the force was used is a peace officer, as defined in KRS 446.010, who was acting in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law, or the person using force knew or reasonably should have known that the person was a peace officer. As used in this subsection, the term "criminal prosecution" includes arresting, detaining in custody, and charging or prosecuting the defendant.
- A law enforcement agency may use standard procedures for investigating the use of force as described in subsection (1) of this section, but the agency may not arrest the person for using force unless it determines that there is probable cause that the force that was used was unlawful.
- The court shall award reasonable attorney's fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff, if the court finds that the defendant is immune from prosecution as provided in subsection (1) of this section.
Ky. Rev. Stat. § 503.085
Duty to Retreat
A duty to retreat is an obligation to flee that is imposed upon a civilian who is under attack. If applicable, it applies to the victim of unlawful force prior to their ability to use deadly force to defend him or herself. The duty to retreat makes self-defense unavailable to those who use deadly force when they could have retreated from the confrontation safely. The alternative to duty-to-retreat laws is no-duty-to-retreat laws or stand-your-ground laws as they’re commonly called. Stand-your-ground states impose no duty to flee upon victims and instead state that one can stand their ground and meet force with force, under certain situations.
Kentucky law:
A person does not have a duty to retreat prior to the use of deadly physical force.
A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force, if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a felony involving the use of force.
Ky. Rev. Stat. § 503.050 (4) and Ky. Rev. Stat. § 503.055 (3)
Self-Defense Limitations
Use-of-Force Exclusions
The use of physical force by a defendant upon another person is not justifiable when:
- The defendant is resisting an arrest by a peace officer, recognized to be acting under color of official authority and using no more force than reasonably necessary to effect the arrest, although the arrest is unlawful; or
- The defendant, with the intention of causing death or serious physical injury to the other person, provokes the use of physical force by such other person; or
- The defendant was the initial aggressor, except that his use of physical force upon the other person under this circumstance is justifiable when:
- His initial physical force was nondeadly and the force returned by the other is such that he believes himself to be in imminent danger of death or serious physical injury; or
- He withdraws from the encounter and effectively communicates to the other person his intent to do so and the latter nevertheless continues or threatens the use of unlawful physical force.
Ky. Rev. Stat. § 503.060
Use of Force Considerations
COMING SOON!
Use of Force Against Animals
Authority to kill or seize dog
- Any person, without liability, may kill or seize any dog which is observed attacking any person.
- Any livestock owner or his agent, without liability, may kill any dog trespassing on that owner's property and observed in the act of pursuing or wounding his livestock.
Ky. Rev. Stat. § 258.235 (1) & (2)
Special Notes
KY Age to Possess a Handgun
A person is guilty of possession of a handgun by a minor when, being under the age of eighteen (18) years, he possesses, manufactures, or transports a handgun, except when the person is:
- In attendance at a hunter's safety course or a firearms safety course;
- Engaging in practice in the use of a firearm, or target shooting at an established firing range, or any other area where the discharge of a firearm is not prohibited;
- Engaging in an organized competition involving the use of a firearm, or participating in or practicing for a performance by a group organized under Section 501(c)(3) of the Internal Revenue Code or any successor thereto which uses firearms as a part of the performance;
- Hunting or trapping pursuant to a valid license issued to him pursuant to the statutes or administrative regulations of this Commonwealth;
- Traveling to or from any activity described in paragraphs (a) to (d) of this subsection with any unloaded handgun in his possession;
- On real property which is under the control of an adult and has the permission of that adult and his parent or legal guardian to possess a handgun; or
- At his residence and with the permission of his parent or legal guardian possesses a handgun and is justified under the principles of justification set forth in KRS Chapter 503 in using physical force or deadly physical force.
Possession of a handgun by a minor is a Class A misdemeanor for the first offense and a Class D felony for each subsequent offense.
Ky. Rev. Stat. § 527.100 (1) & (3)
What Weapons May Be Carried
According to the Kentucky State Police, a CCDW license covers the following types of weapons:
- Any weapon from which a shot, readily capable of producing death or serious physical injury, may be discharged.
- Any knife other than an ordinary pocket knife or hunting knife.
- Billy, nightstick, or club.
- Blackjack or slapjack.
- Nunchaku karate sticks.
- Shiriken or death star.
- Artificial knuckles made from plastic, or other similar hard material.
Ky. Rev. Stat. § 500.080 (4)
Forfeiture of a Firearm
Upon the conviction of any person for the violation of any law of this Commonwealth in which a deadly weapon was used, displayed or unlawfully possessed by such person the court shall order the weapon forfeited to the state and sold, destroyed or otherwise disposed of.
Ky. Rev. Stat. § 527.060
Periods of Disaster or Emergency
- No person, unit of government, or governmental organization shall, during a period of disaster or emergency as specified in KRS Chapter 39A or at any other time, have the right to revoke, suspend, limit the use of, or otherwise impair the validity of the right of any person to purchase, transfer, loan, own, possess, carry, or use a firearm, firearm part, ammunition, ammunition component, or any deadly weapon or dangerous instrument.
- No person, unit of government, or governmental organization shall, during a period of disaster or emergency as specified in KRS Chapter 39A or at any other time, take, seize, confiscate, or impound a firearm, firearm part, ammunition, ammunition component, or any deadly weapon or dangerous instrument from any person.
- The provisions of this section shall not apply to the taking of an item specified in subsection (1) or (2) of this section from a person who is:
- Forbidden to possess a firearm pursuant to KRS 527.040;
- Forbidden to possess a firearm pursuant to federal law;
- Violating KRS 527.020;
- In possession of a stolen firearm;
- Using a firearm in the commission of a separate criminal offense; or
- Using a firearm or other weapon in the commission of an offense under KRS Chapter 150.
Ky. Rev. Stat. § 237.104
Cases to Watch
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