Kentucky State Law Summary

For general information on each policy, click the heading for that policy. Please note that many firearm-related laws have exceptions for military and law enforcement personnel.

No relevant statutes currently exist.

Federal law generally requires that licensed firearms dealers conduct a background check on all prospective firearms purchasers to ensure that such persons are not prohibited from buying or possessing a firearm.  This background check requirement and the National Instant Criminal Background Check System (“NICS”) were enacted through the Brady Handgun Violence Prevention Act, pursuant to Public Law 103-159, and codified at 18 U.S.C. § 921 et seq. Federal law defines a number of classes of prohibited purchasers (including felons, fugitives, persons adjudicated as “mental defectives” or those committed to mental institutions), and leaves to the states the power to determine additional classes.  (For a complete list of federally prohibited purchasers, click here.)

Under the Brady Act, states have the option of serving as a “state point of contact” and conducting their own background checks using NICS and state informational records and databases, or having the checks performed by the FBI using only NICS.  Federal law does not require that private sellers (persons other than firearms dealers) conduct background checks on prospective purchasers.

In Kentucky, all firearms transfers by licensed dealers are processed directly through the FBI, which enforces the federal purchaser prohibitions referenced above. Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, Midyear 2004 (August 2005). In addition, Kentucky has incorporated one of the federal prohibitions as a state offense. Kentucky Revised Statutes Annotated § 527.040 provides that, subject to limited exceptions, no person shall possess, manufacture or transport a firearm if he or she has been convicted of a felony. The prohibition applies to possession of a handgun for felony convictions after January 1, 1975, and to possession of other firearms for felony convictions after July 15, 1994. Section 527.040(4).

In Kentucky, a conviction of, or guilty plea to, stalking in the first or second degree operates as an application for a restraining order limiting the contact of the defendant and the victim who was stalked, unless the victim requests otherwise. Section 508.155(1). Unless the defendant has been convicted of a felony, or is otherwise ineligible to purchase or possess a firearm under federal law, the restraining order does not "operate as a ban on the purchase or possession of firearms or ammunition by the defendant." Section 508.155(6).

Under federal law, persons who have been issued state permits to purchase or possess firearms are exempt from background checks if those permits were issued: 1) within the previous five years in the state in which the transfer is to take place; and 2) after an authorized government official has conducted a background investigation, including a search of the NICS database, to verify that possession of a firearm would not be unlawful. 18 U.S.C. § 922(t)(3), 27 C.F.R. § 478.102(d). Persons holding Kentucky concealed weapons licenses issued on or after July 12, 2006 are exempt from background checks when purchasing a firearm, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as alternatives to the Brady Act. Please note that ATF's exempt status determination is subject to change without notice. For further information, see the Kentucky Carrying Firearms section.

Firearms transfers by private sellers (non-firearms dealers) are not subject to background checks, although federal and state purchaser prohibitions still apply. See the Kentucky Private/Secondary Sales section.

No relevant statutes currently exist.

Open Carrying/Exposed Firearms

Pursuant to Kentucky Revised Statutes Annotated § 244.125, no person may possess a loaded firearm while in a room where alcoholic beverages are being sold at a retail establishment licensed to sell alcohol "by the drink." This section does not apply to restaurants that are open to the public that have dining facilities for at least 50 people and which receive at least 50 percent of their gross annual income from the sale of food. Id.

The state prohibits the knowing possession of a firearm, whether openly or concealed, in a building, on a bus, or on any other property owned, used, or operated by any public or private school. Section 527.070(1).

This prohibition does not apply to:

• Persons possessing firearms for instructional or school-sanctioned ceremonial purposes;

• A postsecondary school or a school of higher education;

• Adults who possess firearms which are contained within vehicles and which are not "brandished" while the vehicle is on school property;

• Pupils who are members of a reserve officers training corps, a school team or club, or pupils enrolled in a course of instruction, to the extent they are required to carry arms in the discharge of their official class or team duties;

• Peace or police officers authorized to carry concealed weapons;

• Persons employed by the military, National Guard, or militia when required in the discharge of their official duties to carry arms;

• Civil officers of the United States in the discharge of their official duties, although they are not allowed to carry concealed weapons into public or private elementary or secondary school buildings;

• Any other persons, including exhibitors of historical displays, who have been authorized to carry a firearm by the board of education or board of trustees of the public of private institution;

• Persons hunting during the lawful hunting season on lands designated as open to hunting by the board of the educational institution;

• Persons possessing unloaded hunting weapons while traversing the grounds of any public or private school, unless the grounds are posted prohibiting the entry; and

• Persons possessing guns when conducting or attending a "gun and knife show" when the program has been approved by the board of the educational institution.

Section 527.070(3).

Kentucky's state administrative agencies have promulgated regulations restricting firearms in:

• Any building or stadium owned or operated by the Kentucky State Fair Board. 303 Ky. Admin. Regs. 1:041 § 4;

• Juvenile detention centers and juvenile holding facilities. 505 Ky. Admin. Regs. 2:060 § 1(11); and

• Certain jails and correctional facilities. See 501 Ky. Admin. Regs. 3:060 § 3(2); 7:060 § 3(2).

Transportation of Firearms

No person or organization, public or private, may prohibit the keeping of a firearm or ammunition in a glove compartment of a vehicle in compliance with Kentucky Revised Statutes Annotated § 527.020(8). No person may prohibit a concealed deadly weapons licensee from possessing a firearm or ammunition in his or her vehicle, so long as the licensee is in compliance with sections 237.110, as amended by 2006 Ky. Acts 240, § 2 (which provides for the licensing of concealed weapons carriers) and 237.115 (which allows schools and universities to limit weapons on their facilities). Section 527.020(4).

A firearm is not considered concealed if it is located in a glove compartment installed in a motor vehicle by the vehicle's manufacturer, regardless of whether the compartment is locked, unlocked, or does not have a locking mechanism. Section 527.020(8).

In 2006, Kentucky adopted a statute forbidding any owner, lessee or occupant of real property, including an employer, from prohibiting the legal possession of a firearm, ammunition, or an ammunition component in a vehicle on the property. 2006 Ky. Acts 240, § 8. The 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. Id. An employer that fires, disciplines, demotes or otherwise punishes an employee who is lawfully exercising one of these rights is liable in a civil action for damages and an injunction. Id.

A school bus driver may not knowingly allow a firearm to be transported on a school bus. 702 Ky. Admin. Regs. 5:080 § 14(1).

Concealed Weapons Licensing Requirements

Kentucky is a "shall issue" state, meaning that the Kentucky Department of State Police ("DSP") must issue a license to carry a concealed deadly weapon if the applicant meets certain qualifications. Ky. Rev. Stat. Ann. § 237.110(4), as amended by 2006 Ky. Acts 240, § 2. Pursuant to section 237.110(4), as amended by 2006 Ky. Acts 240, § 2, an applicant for a license to carry a concealed deadly weapon must:

• Be a United States citizen;

• Be a state resident for at least six months or a member of the armed forces on active duty assigned to a posting in Kentucky for the preceding six months;

• Be 21 years of age or older;

• Be eligible to possess a firearm under state and federal law;

• Not have been committed to a facility for abuse of a controlled substance or been convicted of a misdemeanor under Chapter 218A (prohibited activities related to controlled substances), within the previous three years;

• Not have been convicted two or more times under section 189A.010 (driving under the influence) or involuntarily committed to a hospital for treatment as an alcoholic under Chapter 222 or a similar law of another state, within the previous three years;

• Not owe a child support arrearage equaling or exceeding one year of nonpayment, if DSP have been notified of the arrearage by the Cabinet for Health and Family Services;

• Have complied with any subpoena or warrant relating to child support or paternity proceedings, unless the Cabinet for Health and Family Services does not notify DSP of the proceedings; and

• Not have been convicted of a violation of section 508.030 (criminalizing fourth degree assault) or 508.080 (criminalizing third degree "terroristic threatening") within the preceding three years, unless DSP has waived this requirement based on good cause and a determination that the applicant is not a danger.

In addition, section 237.110(4)(i), as amended by 2006 Ky. Acts 240, § 2, requires that an applicant demonstrate "competence with a firearm by successful completion of a firearms safety course offered or approved by the Department of Criminal Justice Training." See 503 Ky. Admin. Regs. 4:010-4:060 for more details regarding these courses.

An application or renewal fee of $60 and a recent color photograph must be submitted with the application to the office of the sheriff of the county in which the applicant resides. Section 237.110(7), (8) as amended by 2006 Ky. Acts 240, § 2. Additional application and background check requirements, as well as permit suspension and disqualification information, are detailed under section 237.110, as amended by 2006 Ky. Acts 240, § 2, and under 503 Ky. Admin. Regs. 6:020-6:060, 6:090-6:110.

Carrying a concealed deadly weapon without a license is a Class A misdemeanor under Kentucky Revised Statutes Annotated § 527.020(9). A person who carries a concealed deadly weapon without a license and has previously been convicted of a felony in which a deadly weapon was possessed, used, or displayed is criminally liable for a Class D felony. Id.

An honorably retired elected or appointed peace officer is eligible to carry a concealed weapon if he or she meets the requirements of 18 U.S.C. § 926C; successfully completes an annual firearms qualification; and submits a notarized statement that he or she is not prohibited by state or federal law from possessing a firearm. Section 237.138, as amended by 2006 Ky. Acts 240, § 5; section 237.140.

         Disclosure or Use of Information

Pursuant to section 237.110(10), as amended by 2006 Ky. Acts 240, § 2, the DSP must maintain "an automated listing of license holders and pertinent information . . . ." The database must be available at all times online to all law enforcement agencies who request information relating to a named licensee. Id. The DSP must deny a request for the entire list of licensees or for all licensees in a geographic area. Id. Information relating to license applicants and holders shall otherwise remain confidential. Id.

         Duration & Renewal

Licenses to carry concealed deadly weapons are valid for five years from the date of issuance. Section 237.110(2)(b), as amended by 2006 Ky. Acts 240, § 2. In order to renew a license, the license holder must send to the sheriff of the county in which he or she resides a renewal form, a notarized affidavit stating that he or she remains qualified to hold the license, and the $60 renewal fee. Section 237.110(7), (14), as amended by 2006 Ky. Acts 240, § 2; 503 Ky. Admin. Regs. 6:080 § 3. No license shall be renewed without a background check, including a NICS check, and a determination that the applicant is eligible for the license. Section 237.110(14), as amended by 2006 Ky. Acts 240, § 2. No license shall be renewed more than six months after its expiration date; at that time the license shall be deemed permanently expired and the licensee must reapply for licensure pursuant to section 237.110(8) and (9), as amended by 2006 Ky. Acts 240, § 2. Id.

         Location Limits

Pursuant to section 237.110(16), as amended by 2006 Ky. Acts 240, § 2, a license holder may not carry a concealed deadly weapon into any:

• Police station or sheriff’s office;

• Detention facility, prison or jail;

• Courthouse, solely occupied by the Court of Justice courtroom, or court proceeding;

• Meeting of the governing body of a county, municipality, or special district, or of the General Assembly or a committee of the General Assembly, unless the licensee is a member of that body;

• Any portion of an establishment licensed to dispense alcohol for consumption on the premises, where that part of the establishment is primarily devoted to such purpose (see also § 244.125);

• Elementary or secondary school facility, without the consent of the school authorities;

• Child care facility, day care center or certified family child-care home, unless the licensee is the owner of a certified family child-care home operated out of his or her residence;

• Area of an airport to which access is controlled by the inspection of persons and property; or

• Place where the carrying of firearms is prohibited by federal law.

In 2006, Kentucky enacted a statute forbidding any owner, lessee or occupant of real property, including an employer, from prohibiting the legal possession of a firearm, ammunition, or an ammunition component in a vehicle on the property. 2006 Ky. Acts 240, § 8. The 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. Id. An employer that fires, disciplines, demotes or otherwise punishes an employee who is lawfully exercising one of these rights is liable in a civil action for damages and an injunction. Id.

Pursuant to section 237.110(17), as amended by 2006 Ky. Acts 240, § 2, a license holder generally may not carry a concealed deadly weapon into any private business if prohibited by the owner, manager or employer. If the carrying of concealed weapons is prohibited in a building or premises open to the public, the employer or business must post signs to that effect. Id. A license holder who violates this section may be denied access to, or removed from, the premises. Id. If the license holder is an employee of the employer, he or she may be subject to disciplinary measures by the employer. Id.

The following persons, however, if they have a license to carry a concealed weapon pursuant to section 237.110, as amended by 2006 Ky. Acts 240, § 2, may carry a concealed firearm "at all times and at all locations within the Commonwealth of Kentucky, without any limitation" (except for detention facilities) Section 527.020(5)(b):

• Commonwealth attorneys;

• County attorneys or assistant county attorneys; and

• Justices or judges of the Court of Justice, including those with senior status or who are retired.

Section 527.020(5)(a).

The following persons may also carry a concealed weapon "at all times and at all locations within the Commonwealth of Kentucky" (except for detention facilities):

• Elected sheriffs and full- and part-time deputy sheriffs when expressly authorized to do so by their employer;

• Elected jailers and deputy jailers who have successfully completed Department of Corrections basic training and maintain their current training when authorized to do so by their employer; and

• Department heads and employees of a corrections department (where the office of elected jailer has been merged with the office of sheriff) and who have successfully completed Department of Corrections basic training and maintain their current training when authorized to do so by their employer.

Section 527.020(6).

Except as provided in section 527.020, public or private universities, colleges, and other postsecondary education facilities (including technical schools and community colleges) may prohibit carrying concealed weapons by licensees on their properties. Section 237.115(1). Units of state, city, county, urban-county, or charter county government may also prohibit the carrying of concealed weapons by licensees in portions of buildings actually owned, leased, or occupied by that unit of government. Id.

In addition, except as provided in section 527.020, the legislative bodies of city, county and urban-county governments, are specifically authorized to prohibit or limit the carrying of concealed deadly weapons by state licensees in buildings owned, leased, or controlled by that government unit. Section 237.115(2). Nevertheless, such ordinances "shall exempt any building used for public housing by private persons, highway rest areas, firing ranges, and private dwellings owned, leased, or controlled by that unit of government from any restriction on the carrying or possession of deadly weapons." Id. This section is specifically deemed not to violate the preemption provisions of section 65.870. Id.

Unless otherwise provided by state or federal law, however, no criminal penalty shall attach to carrying a concealed firearm with a permit at any location at which an unconcealed firearm may constitutionally be carried. Section 237.115(3).

Analyzing section 237.115, the Kentucky Attorney General has opined that a county legislative body may prohibit or limit the carrying of concealed weapons in park buildings or portions of park buildings that it owns, leases, or controls. The county judge/executive (the chief elected official of counties in Kentucky) does not qualify as a "legislative body" and thus cannot regulate the carrying of concealed deadly weapons. That authority instead falls to the fiscal court of a county, which is the legislative body of a county. 96 Ky. Op. Att'y Gen. 39, 1996 Ky. AG LEXIS 79. See also 96 Ky. Op. Att'y Gen. 45, 1996 Ky. AG LEXIS 91 (interpreting section 237.115(1) to mean the executive branch of the state government may promulgate an administrative regulation prohibiting those persons licensed to carry concealed deadly weapons from doing so in those portions of buildings owned, leased or occupied by the executive branch.)

          Reciprocity

A person who has a valid license to carry a concealed deadly weapon in another state may, subject to Kentucky law, carry a concealed deadly weapon in Kentucky. Section 237.110(20)(a), as amended by 2006 Ky. Acts 240, § 2. In addition, section 237.110(20)(b), as amended by 2006 Ky. Acts 240, § 2 provides that:

The Department of 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 Kentucky-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.

Full-time paid peace officers of a government agency from another state or the United States or an elected sheriff from another territory of the United States, may carry a concealed weapon in Kentucky, on or off duty, if the other state or territory accords to equivalent peace officers or sheriffs from Kentucky the same rights by law. Section 527.020(7)(a). Such persons, however, may not carry concealed weapons in detention facilities. Section 527.020(7)(b).

         Brady Exemption

Persons holding Kentucky concealed weapons licenses issued after July 12, 2006 are exempt from background checks when purchasing a firearm, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as alternatives to the Brady Act. Please note that ATF's exempt status determination is subject to change without notice. For further information, see the Kentucky Background Checks section.

Kentucky prohibits any person from unlawfully providing a handgun to a juvenile or permitting a juvenile to possess a handgun. Ky. Rev. Stat. Ann. § 527.110(2). A juvenile is a person under age 18. Section 237.060(5). A person "unlawfully" provides a juvenile with a handgun or permits a juvenile to possess a handgun under section 527.110(1) when he or she intentionally, knowingly, or recklessly provides a handgun to any person he or she knows or has reason to believe is under age 18, and for whom possession of the handgun would be a violation of:

• Section 527.100 (generally criminalizing possession of a handgun by a minor, with certain exceptions—see the Kentucky Minimum Age to Purchase/Possess section for details);

• Section 527.040 (criminalizing possession of a firearm by a convicted felon or a "youthful offender" convicted of a felony); or

• Section 600.020 (defining abused or neglected children).

Section 527.110(1)(a).

In addition, a person unlawfully provides a juvenile with a handgun or permits a juvenile to possess a handgun when he or she is the parent or legal guardian of the juvenile and he or she intentionally, knowingly, or recklessly provides a handgun to the juvenile or permits the juvenile to possess a handgun:

• Knowing that there is a substantial risk that the juvenile will use a handgun to commit a felony offense;

• With knowledge that the juvenile has been convicted of a crime of violence; or

• With knowledge that the juvenile has been adjudicated a public offender of an offense which would constitute a crime of violence.

Section 527.110(1)(b).

Kentucky's state administrative agencies have promulgated regulations governing firearms in:

• Family care homes. 902 Ky. Admin. Regs. 20:041 § 6(6);

• Court resource homes (homes housing children against whom a status or public offense petition is pending, or who require emergency shelter). 922 Ky. Admin. Regs. 1:210 § 11(3);

• Child-caring facilities. 922 Ky. Admin. Regs. 1:310 § 4(3)(t)(3); and

• Foster care and adoptive homes. 922 Ky. Admin. Regs. 1:350 § 4(10)(e), (11).

Kentucky does not license firearms dealers. However, firearms dealers are subject to state laws governing gun sales generally. See the Kentucky Private/Secondary Sales section for further information. Pursuant to the Brady Act, federally licensed firearms dealers must conduct background checks on prospective purchasers each time the dealer transfers a firearm. See the Kentucky Background Checks section.

No relevant statutes currently exist.

Kentucky Revised Statutes Annotated § 411.155 provides:

A person or entity shall not be held liable for damages of any kind resulting from injuries to another person sustained as a result of the criminal use of any firearm by a third person, unless the person or entity conspired with the third person to commit, or willfully aided, abetted, or caused the commission of, the criminal act in which the firearm was used.

This section shall not be construed to negate, limit, or modify the doctrine of negligence or strict liability relating to abnormally dangerous products or activities and defective products.

Most lawsuits against the firearms industry may only be brought by the state. Section 65.045(1) provides:

The authority to bring suit and right to recover against any firearms or ammunition manufacturer, trade association, or dealer by or on behalf . . . [of a] local governmental unit . . . or any department, agency, or authority thereof, for damages, abatement, or injunctive relief resulting from or relating to the lawful design, manufacture, marketing, or sale of firearms or ammunition to the public shall be reserved exclusively to the Commonwealth.

Section 65.045(1) does not prohibit a local governmental unit from bringing an action against a firearms or ammunition manufacturer or dealer for breach of contract or warranty as to firearms or ammunition purchased by that local unit of government. Section 65.045(2).

Pursuant to section 237.210(1), a shooting range that has been in operation for at least one year shall not be deemed a nuisance solely as a result of changed conditions in or around the locality of the range. Expansion of the range facilities or activities "shall not establish a new date of commencement of operations for purposes of this section unless the change triples the amount of the noise produced by the range." Id.

No shooting range, unit of government, or owner, operator or user of a shooting range may be subject to any action for civil or criminal liability, damages, abatement, or injunctive relief arising from the level of noise produced by the shooting range if the range complies with noise control or nuisance abatement administrative regulations, statutes, or ordinances applicable when the range commenced operation. Section 237.210(2). Lastly, no administrative regulations, statutes, or ordinances relating to noise control, pollution, or abatement adopted by a unit of government may be applied to a shooting range retroactively if the conduct at the shooting range was lawful before the enactment of the regulation, statute, or ordinance. Section 237.210(3).

For detailed information about government and private party lawsuits against the gun industry, the status of litigation involving gun industry immunity statutes in various states, or pending gun industry immunity legislation, visit the Brady Center's Legal Action Project and the Coalition to Stop Gun Violence's Gun Industry Immunity page.

No relevant statutes currently exist.

No relevant statutes currently exist.

No relevant statutes currently exist.

No relevant statutes currently exist.

Pursuant to Kentucky Revised Statutes Annotated § 527.100, a person under the age of 18 who possesses, manufactures, or transports a handgun is guilty of being a minor in possession of a handgun (a Class A misdemeanor for the first offense and a Class D felony for each subsequent offense), unless he or she is:

• In attendance at a hunter's safety course or a firearms safety course;

• Practicing in the use of a firearm or target shooting at an established firing range, or any other place where the discharge of firearms 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 26 U.S.C. § 501(c)(3) which uses firearms as a part of the performance;

• Hunting or trapping pursuant to a valid license issued pursuant to Kentucky statutes or administrative regulations;

• Traveling to or from any activity described above with an unloaded handgun;

• On real property which is under the control of an adult and has the permission of that adult and his or her parent or legal guardian to possess a handgun; or

• At his or her residence and in the possession of a handgun (with the permission of his or her parent or legal guardian) and justified in using physical or deadly physical force (see Chapter 503).

There is no minimum age to possess rifles and shotguns in Kentucky.

No relevant statutes currently exist.

No relevant statutes currently exist.

Private firearms transfers (i.e., transfers by non-firearms dealers) are not subject to a background check requirement in Kentucky, although federal and state purchaser prohibitions still apply.  See the Kentucky Background Checks section.

Kentucky prohibits any person from intentionally, knowingly, or recklessly providing a handgun to any person he or she knows or has reason to believe is under age 18. Ky. Rev. Stat. Ann. § 527.110. See the Kentucky Child Access Prevention section for further information about this prohibition.

No person may knowingly transfer a firearm to a convicted felon. Sections 237.070.

No relevant statutes currently exist.

No relevant statutes currently exist.