KRS 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) 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.

(2) 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 ho lder 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.

(3) 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 shal l 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 purchas e 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.

(4) 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 i s 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 p ermitted 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 su bstance 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 Office of the Attorney General;

(g) Has complied with any subpoena or warrant relating to chil d support or

paternity proceedings. If the Department of Kentucky State Police has not

been notified by the Office of the Attorney General 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 o f 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;

(i) Demonstrates competence with a firearm by successful completion of a

firearms safety or training course that is conducted by a firearms instructor

who is certified by a national organization with membership open to residents

of any state or territory of the United States, which was created to promote

firearms education, safety, and the profession of firearms use and training, and

to foster professional behavior in its members. The organization shall require

members to adhere to its own code of ethics and conduct a program which

certifies firearms instructors and includes the use o f written tests, in person

instruction, and a component of live -fire training. These national

organizations shall include but are not limited to the National Rifle

Association, the United States Concealed Carry Association, and the National

Shooting Sports Foundation. The training requirement may also be fulfilled

through any firearms safety course offered or approved by the Department of

Criminal Justice Training. The firearms safety course offered or approved by

the Department of Criminal Justice Training 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 t he 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; and

(j) Demonstrates knowledge of the law regarding the justifiable use of force by

including with the application a copy of the concealed carry deadly weapons

legal handout made available by the Department of Criminal Justice Training

and a signed statement that indicates that applicant has read and understands

the handout.

(5) (a) A legible photocopy or electronic co py of a certificate of completion issued

by a firearms instructor certified by a national organization or the Department

of Criminal Justice Training shall constitute evidence of qualification under

subsection (4)(i) of this section.

(b) 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 tr aining requirements of subsection (6)(d) of

this section.

(6) (a) 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 th e 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.

(b) 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

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 there of, 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;

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 consolidated local

government, an urban -county government, or the Department of Corrections

who have successfully completed a basic firearms training course required for

their employment, and corrections officers who were formerly employed by a

consolidated local government, an urban -county government, or the

Department of Corrections who are ret ired, 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 Kentu cky

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 Nati onal 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.

(7) (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 ap plication, 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 infor mation 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 appropriate, of

sixty dollars ($60) shall be prese nted 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) shal l 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.

(c) 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.

(d) A full -time or part -time peace officer who is currently certified as a peace

officer by the Kentucky Law Enforc ement 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.

(e) 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, add ress, 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 ne cessary to determine the immigration

status and eligibility to purchase a firearm under 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)(d) 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)(d) 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.

(8) 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 succe ssor

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. pt.

178, including, as appropriate, but not limited to evidence of ninety (90)

day residence in the Commonwealth, a v alid 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 rece ipt 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 app lication, 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 perti nent 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 s hall 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 K entucky 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 Dep artment 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 app lication 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, upo n 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 th e 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 be comes

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 suspens ion 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 District

Court in the licensee's county of residence in the same manner as for the

denial of a license.

(h) If the license is not surrender ed 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.

(i) Failure to surrender a suspended or revoked license as ordered is a Class A

misdemeanor.

(j) The provisions of this subsection relating to surrender of a license shall not

apply if a court of competent jurisdiction has enjoined its surrender.

(k) 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 permit ted to carry a concealed deadly weapon when

not on duty, the provisions of KRS 527.020 to the contrary notwithstanding.

(14) (a) Not less than one hundred twenty (120) days prior to the expiration date of the

license, the Department of Kentucky State Polic e 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 th e 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 se ction, 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 sha ll 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.

(b) 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.

(c) 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, determinati on 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 app lication 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 d eemed 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 t imes 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 twen ty-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 occupi ed 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 ma y 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 we apons 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 speci fied 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 collecte d 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 t he 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, 2 44.125, 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 Gener al 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) 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 lic ense 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 bir th, 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.

(c) 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 pr ovided by the

Department of Kentucky State Police pursuant to this subsection.

(d) 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.

(e) The Department of Kentucky State Police shall, not less than once every

twelve (12) months, make written inquiry of the concealed de adly 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 Kent ucky-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 oth er 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 prev ious 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 a n 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, email, or other method which will result in the re ceipt of or

production of a hard copy of the information. The postmark, facsimile date, or

email 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 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;

(e) 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;

(f) An instructor who assist s 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;

(g) 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 conceale d 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 th is section or who has been found not to have received the

training required by law;

(h) 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

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;

(i) 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 shal l be forthwith revoked by the Department of Kentucky

State Police as a matter of law;

(j) 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

(k) 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.