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Kentucky's
Concealed Deadly Weapons License
The Kentucky
General Assembly passed a law, effective October 1, 1996,
authorizing persons to get a license to carry concealed deadly
weapons in Kentucky. A summary of the main provisions of this law
follows. To see the actual licensing law, see
KRS
237.110. For a list of other firearms relevant KY law see
our compiled list of
Kentucky Laws and Various
Legal Opinion Relating to Weapons and Self Defense
I. Deadly
Weapons
The term
includes items such as handguns and other firearms, knives (other
than ordinary pocket and hunting knives), police batons,
clubs, blackjacks, slapjacks, nunchaku karate sticks, shurikens or
death stars, and artificial knuckles made from hard materials. For
the actual language of the law, see
KRS 500.080.
II. License
Requirements
To be eligible
to apply for a
license to carry concealed deadly weapons, issued by the
Commonwealth of Kentucky, a person must:
-
Be at least
21 years old.
-
Be a
citizen of the United States.
-
Have been a
Kentucky resident for at least the last six months before applying
or a member of the armed services stationed in KY for the previous
six months.
-
Pass a state records check regarding criminal,
drug abuse and mental history.
-
Pass a similar federal check including NICS
specifically.
-
Successfully complete an eight hour course of
training which includes safe use and care of handguns, the laws
regarding the possession and carrying of firearms and the use of
force, and range firing with the requirement to hit a full size
silhouette target 11 out of 20 rounds
A person is not
eligible to apply for a license if that person:
-
Is
ineligible to possess a firearm under
KRS 527.040 (Possession of
a Firearm by a Convicted Felon).
-
Has been convicted of a misdemeanor crime of
assault in the 4th degree or terroristic threatening within the
previous three (3) years. The commissioner of the Department
of 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.
-
Is in arrearage on child support equal to 1
year of non-payment or has not complied with any subpoena or
warrant relating to child support or paternity proceedings
-
Has been committed to a state or federal
facility for the abuse of a controlled substance, or been
convicted of a misdemeanor violation of laws of any state relating
to controlled substances, within the previous three (3) years.
-
Chronically and habitually uses alcoholic
beverages as evidenced by the applicant having two (2) or more DUI
convictions or having been committed as an alcoholic pursuant to
the laws of any state within the previous three (3) years.
-
Is
ineligible to possess a firearm under federal law (18
U.S.C. sec. 922(g) and (n)), which applies to any person who:
(g)
(1) who has been convicted in any court of, a crime punishable
by imprisonment for a term exceeding one year;
(2) who is a fugitive from justice;
(3)
who is an unlawful user of or addicted to any controlled substance
(as defined in section 102 of the Controlled Substances Act (21
U.S.C. 802));
(4) who has been adjudicated as a mental defective or who has
been committed to a mental institution;
(5) who, being an alien—
(A)
is illegally or unlawfully in the United States; or
(B)
except as provided in subsection (y)(2), has been admitted to
the United States under a nonimmigrant visa (as that term is
defined in section 101(a)(26) of the Immigration and Nationality
Act (8 U.S.C. 1101 (a)(26)));
(6) who has been discharged from the Armed Forces under
dishonorable conditions;
(7) who, having been a citizen of the United States, has
renounced his citizenship;
(8) who is subject to a court order that—
(A) was issued after a hearing of which such person received
actual notice, and at which such person had an opportunity to
participate;
(B) restrains such person from harassing, stalking, or
threatening an intimate partner of such person or child of such
intimate partner or person, or engaging in other conduct that
would place an intimate partner in reasonable fear of bodily
injury to the partner or child; and
(C)
(i) includes a finding that such person represents a
credible threat to the physical safety of such intimate
partner or child; or
(ii) by its terms explicitly prohibits the use,
attempted use, or threatened use of physical force against
such intimate partner or child that would reasonably be
expected to cause bodily injury; or
(9) who has been convicted in any court of a misdemeanor crime
of domestic violence,
(n)
reads as follows:
It
shall be unlawful for any person who is under indictment for a
crime punishable by imprisonment for a term exceeding one year to
ship or transport in interstate or foreign commerce any firearm or
ammunition or receive any firearm or ammunition which has been
shipped or transported in interstate or foreign commerce.
NOTE:
After a license
has been issued, if any of the above applies, the license shall
be suspended or revoked accordingly.
17 September 2006 |
