Information from the County Attorney's Office
By Steven J. Franzen, Campbell County Attorney
Guns and gun rights are topics often discussed today in popular culture. Since 1996, the Kentucky State Police have been authorized by the Kentucky Legislature to issue and renew licenses to carry concealed weapons to qualified citizens in the Commonwealth of Kentucky. Since 1996, the Kentucky State Police according to a 2016 Statistical Report have received over 454,836 applications for carry concealed licenses and have issued more than 437,815.
Said licenses are valid throughout the state for a period of five years from the date of issuance. The person with the license must carry it with them at all times and must display the license upon request of a law enforcement officer. The State Police are required to do a record check for anyone applying to carry a concealed weapon and a license shall not be issued unless the following apply: (1) the applicant has been a resident of Kentucky, (2) is twenty-one years of age or older, (3) is not ineligible to possess a firearm under federal law or because of being a convicted felon, (4) has not been committed to a state or federal facility for the abuse of controlled substances, (5) has not been convicted of a misdemeanor violation of possession of drugs within three years, (6) does not have two or more convictions for DUIs, (7) has not been committed as an alcoholic within three years, and (8) has demonstrated competence with a firearm after going through a training program. Also, a person does not qualify to obtain a concealed weapon or will have any license suspended if they are declared incompetent, are convicted of assault in the fourth degree or terroristic threatening or have child support arrearage equaling one year of non-payment.
The procedure for obtaining a license to carry a concealed weapon is to submit the following to the County Sheriff: (1) a completed application form with other material; (2) a check or money order payable to the Sheriff for $20.00; and (3) a check or money order payable to the Kentucky State Treasurer for $40.00. The Sheriff then sends the application to the State Police who shall act within ninety days to approve or deny the request. The application must be completed under oath and contain the person’s name, place and date of birth, gender, Social Security number, and statements that the applicant has read and is aware of the various laws concerning concealed weapons, the law concerning the use of deadly force in self-defense and a statement that the applicant is subject to criminal prosecution for supplying any false information. Also, a recent color photograph and the certificate for having successfully completed the weapons training course must be supplied.
Even if a person has a license to carry a concealed weapon, they cannot carry it into any police station or Sheriff’s office, any jail or other detention facility, any court house, any meeting of a governing body of a State, County or City, any establishment licensed to sell beer or other alcoholic beverages for consumption on the premises in areas primarily used for consumption purposes (bar area), any school facilities, any airport, or any place where carrying a firearm is prohibited by federal law.
The owner or lessee or manager of any private business enterprise, day care center or licensed family child care home may prohibit persons including employees from carrying concealed deadly weapons on the premises. Also, a private employer can prohibit employees from carrying weapons in vehicles owned by the employer.
In addition to weapons not being allowed in any meetings of State, County or City governing bodies, the legislature of a State, City or County may pass a regulation prohibiting the carrying of a concealed deadly weapon in any building owned, leased or controlled by that unit of government.
Further, under Kentucky law, a person who has a valid license issued by another State of the United States to carry a concealed deadly weapon in that State may carry the weapon in Kentucky and his license shall be considered valid. Some states will recognize a Kentucky carry concealed license as a valid license to carry concealed in that respective state. These states include the surrounding states of Tennessee and Indiana along with at least twelve other states.
If you have any topics you would like to have covered in this column, please contact my office by e-mail at countyattorney@campbellcountyky.org, by phone at 491-7700 or by regular mail addressed to 319 York Street, Newport, Kentucky 41071.