Simone Lawson
Kentucky's constitutional carry law, which allows residents to carry concealed firearms without a license, took effect on June 27, 2019. The law, known as SB150, was sponsored by a coalition of 11 Republicans and passed with a vote of 29-8 in the Senate and 60-37 in the House. This law makes it legal for Kentucky residents who are 21 years of age or older and eligible to possess a firearm to carry a concealed deadly weapon in public without a permit. It's important to note that people carrying guns without a permit are still subject to the same location restrictions as those carrying with a permit.
| Characteristics | Values |
|---|---|
| Date of Effect | June 26, 2019 |
| Law | SB150 |
| Effect | Allows Kentucky residents to carry firearms concealed without a license |
| Age Limit | 21 or older |
| Eligibility | Eligible to possess a firearm under US and Kentucky laws |
| Location | Same location restrictions as carrying with a permit |
| License | Kentucky still issues licenses for carrying in other states |
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What You'll Learn
Kentucky's permit-free concealed carry law
The law removes the previous requirement for a license and a background check to carry a concealed firearm in public. However, individuals under 21 years of age are not permitted to carry a concealed firearm or other deadly weapon in Kentucky, even if they are eligible to possess a firearm.
Kentucky still issues concealed carry licenses for individuals who wish to carry concealed weapons in other states, as most states still require a license to do so. Additionally, Kentucky recognizes valid concealed carry licenses from other states, allowing individuals with such licenses to carry concealed weapons within the state.
It is important to note that the permit-free concealed carry law does not change the laws governing the open carry of deadly weapons in Kentucky. Individuals carrying concealed firearms without a permit are also subject to the same location restrictions as those carrying with a permit. These restrictions include not carrying concealed weapons in detention facilities, school buses, athletic fields, and recreational areas.
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Kentucky residents' right to carry firearms
Kentucky's permitless carry laws allow any person over 21 who can legally possess a firearm to carry a concealed weapon on their person without a license. This applies to both residents and non-residents of Kentucky, including active-duty military personnel assigned to a military post in the state. However, it is important to note that Kentucky residents visiting other states must abide by the laws of those states regarding the carry of concealed weapons.
Previously, Kentucky required a carry concealed deadly weapons (CCDW) license for those wishing to carry a concealed firearm. While this is no longer a requirement for Kentucky residents, CCDW licenses are still available and provide certain benefits, such as facilitating weapons purchases from licensed dealers and providing the holder with training and familiarity with gun laws. Additionally, only a valid CCDW license will serve as a substitute for the NICS background check when purchasing a firearm.
To obtain a CCDW license in Kentucky, an individual must be a resident of the state for at least six months prior to applying (with an exception for military personnel) and be at least 21 years old. They must also complete a firearms training course that has been approved by the Department of Criminal Justice Training. The license is valid for up to five years and can be renewed before the expiration date.
It is important to note that there are still restrictions on who can carry concealed weapons in Kentucky. For example, individuals under the age of 21 may be eligible to possess a firearm but are not allowed to carry it concealed. Additionally, providing a handgun to a minor or allowing a minor to possess one is a Class A misdemeanor for the first offense and a Class D felony for subsequent offenses.
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Location restrictions for carrying concealed weapons
Kentucky's constitutional carry, or permitless carry, came into effect in 2019, allowing any person aged 21 or over, who is eligible to possess a firearm, to carry a concealed firearm in public without a permit. However, there are still location restrictions in place for carrying concealed weapons.
Firstly, Kentucky law prohibits carrying a concealed deadly weapon into any private business if the owner, manager, or employer has prohibited it. If concealed weapons are prohibited in a building or on premises open to the public, the employer or business must post signs to that effect. If an employee carries a concealed weapon into the business, they may be subject to disciplinary measures.
Kentucky law also prohibits the possession of any loaded firearm in a room where alcoholic beverages are sold at a licensed retail establishment. This prohibition does not include restaurants that are open to the public, have dining facilities for at least 50 people, and receive less than 50% of their annual income from alcohol sales.
State, city, county, urban-county, or charter county government units may prohibit the carrying of concealed weapons in parts of buildings they own, lease, or occupy. This includes buildings in parks or parts of buildings in parks that are owned, leased, or controlled by the government. However, certain buildings are exempt from these restrictions, including those used for public housing, highway rest areas, firing ranges, and private dwellings.
In addition, federal law or the laws of other states may impose further restrictions on carrying concealed weapons in Kentucky. For example, a retired or former peace officer from another state may carry a concealed deadly weapon in Kentucky if they have a valid carry concealed weapons license from their state, subject to Kentucky law.
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Eligibility requirements for carrying concealed weapons
Kentucky's permitless carry law, which came into effect in 2019, allows individuals over 21 years of age who are eligible to possess a firearm to carry a concealed deadly weapon in public without a license or background check. However, it's important to note that this law only applies within the state of Kentucky and individuals carrying concealed weapons are still subject to location restrictions.
To be eligible to carry a concealed deadly weapon in Kentucky, an individual must meet the following requirements:
- Be 21 years of age or older: Individuals under 21 may be eligible to possess a firearm, but they are not permitted to carry it concealed in Kentucky.
- Eligibility to possess a firearm: This includes meeting the requirements under state and federal law to lawfully possess a firearm.
- Citizenship or residency requirements: While Kentucky's permitless carry law does not consider an individual's citizenship or state of residence, non-residents may still be subject to the laws of their own state or country when carrying a concealed weapon in Kentucky. Additionally, Kentucky residents carrying concealed weapons in other states must comply with the laws of those states.
- Training requirements: While not mandatory for permitless carry, individuals seeking a CCDW license must complete a firearms training course offered or approved by the Department of Criminal Justice Training. The course must include actual range firing of a handgun, information on Kentucky gun laws, and knowledge of the justifiable use of force.
- Background check: Although not required for permitless carry, individuals seeking a CCDW license must undergo a NICS background check.
- Other restrictions: Kentucky law prohibits individuals from carrying concealed weapons in certain locations, such as schools, police stations, courthouses, daycare centres, and businesses that sell alcohol for consumption on the premises. Additionally, federal law and other state laws may impose further restrictions on carrying concealed weapons.
It is important to note that the information provided here is not a substitute for legal advice, and individuals seeking clarification on their eligibility to carry concealed weapons should consult the relevant authorities or legal professionals.
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Reciprocity agreements with other states
Kentucky became a constitutional carry state in 2019, allowing anyone over 21 to carry a concealed weapon without a permit, as long as they are legally permitted to possess a firearm. The state's permitless carry laws, however, do not apply out of state.
Kentucky has reciprocity agreements with several other states. This means that Kentucky recognises valid carry concealed weapons (CCW) licences issued by other states, and vice versa. Since 15 July 1998, a person holding a valid CCW licence from another state has been permitted to carry a concealed deadly weapon in Kentucky, subject to the provisions of Kentucky law.
The following states have a reciprocity agreement with Kentucky:
- Alabama
- Alaska
- Arizona
- Arkansas
- Colorado
- Delaware
- Florida
- Georgia
- Idaho
- Indiana
- Iowa
- Kansas
- Louisiana
- Michigan
- Mississippi
- Missouri
- Montana
- New Hampshire
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Pennsylvania
- South Dakota
- Tennessee
- Texas
- Utah
- Virginia
- West Virginia
- Wisconsin
- Wyoming
States marked with an asterisk may offer Kentucky concealed carry permit reciprocity, but additional rules and restrictions may apply.
Some states simply accept permits from other states, while others do so with some added caveats. Certain jurisdictions that recognise Kentucky carry concealed permits may limit the right to carry concealed handguns only and not allow the carrying of concealed other types of weapons. The laws of other jurisdictions may also differ from the laws of Kentucky regarding the circumstances under which individuals may legally carry a concealed weapon.
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Frequently asked questions
Any person over 21, who is eligible to lawfully possess a firearm, under state and federal law may carry concealed deadly weapons.
Kentucky's "constitutional carry" law, also known as the "permit-free concealed carry law", allows residents to carry firearms concealed without a license. This law came into effect on June 26, 2019.
The SB150 bill, sponsored by a coalition of 11 Republicans, lowered the barriers for those wanting the option of defending themselves with firearms. It passed the Senate by a 29-8 vote and the House by 60-37, and was signed into law by Governor Bevin.
People carrying guns without a permit are subject to location restrictions. For example, concealed weapons may not be carried in detention facilities, schools, or recreational areas.
