Concealed Carry Licensing

 

NEW CCDW CHANGES AND INFORMATION:

AS OF JUNE 28, 2019,PURSUANT TO 2019 SENATE BILL 150, ANY PERSON AGE TWENTY-ONE (21) OR OLDER, AND OTHERWISE ABLE TO LAWFULLY POSSESS A FIREARM, MAY CARRY CONCEALED FIREARMS OR OTHER CONCEALED DEADLY WEAPONS WITHOUT A LICENSE IN THE SAME LOCATIONS AS PERSONS WITH VALID KENTUCKY CCDW LICENSE ISSUED UNDER KRS 237.110.

PERMITLESS CARRY

Is there still a reason to get a CCDW License?


Yes. Most states still require a CCDW license to carry a concealed weapon, and Kentucky’s permitless carry laws do not apply out of state. A CCDW license will also assist in weapons purchases from licensed dealers and provide the holder with training and familiarity with gun laws.




Who can carry?


Any person over 21, who is eligible to lawfully possess a firearm, under state and federal law may carry concealed deadly weapons, concealed on or about his or her person. Persons under age 21 may be eligible to possess a firearm, but are not allowed to carry the firearm (or other deadly weapon) concealed in Kentucky. Persons who are over 21, but not eligible to lawfully possess a firearm, may be legally eligible to possess other deadly weapons, but they are not permitted to carry any deadly weapon concealed, under Kentucky law.




What can they carry?


A person who qualifies can carry any deadly weapon, as defined by KRS 500.080, concealed on or about his or her person. The laws governing the open carry of deadly weapons remain unchanged.




Where can those who qualify carry concealed deadly weapons, under this law?


In the same places allowed for persons with a CCDW license issued pursuant to KRS 237.110. Concealed deadly weapons may not be carried in any place prohibited by federal law or in places where concealed carry is not permitted under KRS 237.110 or KRS 527.020.




What about carry into other states?


Carry of concealed deadly weapons by Kentucky residents visiting other states is governed by the laws of those other states. At this time, only states that require no license for any person to carry a concealed weapon would allow Kentucky residents to carry concealed deadly weapons with no CCDW license. The laws of those states may also differ on what weapons may be carried.




What about visitors to Kentucky who are residents of other states or foreign countries


Any person who is eligible to possess a firearm under the laws of the United States and the Commonwealth of Kentucky, is permitted to carry a concealed firearm or other concealed deadly weapon in Kentucky, without regard to their citizenship or state of residence.




What about the purchase of firearms?


Only a valid CCDW license will serve as a substitute for the NICS background check when purchasing a firearm.





QualifIctions for CCDW:

The applicant for a carry concealed deadly weapon (CCDW) license must:

 

  • Be at least 21 years of age.

  • Meet one of the following residence requirements:
    Is a citizen of the United States who is a resident of this Commonwealth;
    Is a citizen of the United States who is 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;
    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; or
    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;

  • Not be under indictment for, or have been convicted of, a crime punishable by imprisonment for a term exceeding one year; and

  • Not be a fugitive from justice; and

  • Not be an unlawful user of or addicted to any controlled substance; and

  • Not have been adjudicated as a mental defective or have committed to a mental institution; and

  • Not have been discharged from the Armed Forces under dishonorable conditions; and

  • Not be subject to a domestic violence order or emergency protective order; and

  • Not have been convicted of a misdemeanor crime of domestic violence (see section below for discussion of misdemeanor crimes of domestic violence); and

  • Not be 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 state law; and

  • Not have been committed to a state or federal facility for abuse of a controlled substance or convicted of a misdemeanor relating to a controlled substance within the three-year period immediately preceding the date the application was submitted; and

  • Not have two or more convictions for violating KRS 189A.010 (Operating motor vehicle under the influence of alcohol or other substance which impairs driving ability) within the three (3) years immediately preceding the date on which the application is submitted; and

  • Not have 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; and

  • 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 Cabinet for Health and Family Services; and

  • Have complied with any subpoena or warrant relating to child support or paternity proceedings. If the Department of Kentucky State Police has not been notified by the Cabinet for Health and Family Services 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; and

  • Have not been convicted of a violation of KRS 508.030 (Assault in the fourth degree) or 508.080 (Terroristic Threatening in the third degree) within the three years immediately preceding the date on which the application is submitted; and

  • Demonstrate competence with a firearm by successful completion of a firearms safety or training course offered or approved by the Department of Criminal Justice Training.

NOTE – ONLY SOME OF THE OFFENSES LISTED ABOVE HAVE A THREE-YEAR LIMITATION. OTHER OFFENSES, SUCH AS FELONIES AND MISDEMEANOR CRIMES OF DOMESTIC VIOLENCE, DO NOT HAVE A TIME LIMIT. IN OTHER WORDS, IF YOU HAVE BEEN CONVICTED OF A FELONY OR MISDEMEANOR CRIME OF DOMESTIC VIOLENCE, YOU ARE INELIGIBLE FOR A CCDW LICENSE AND ARE PROHIBITED FROM POSSESSING A FIREARM UNDER FEDERAL LAW, NO MATTER HOW LONG AGO YOU WERE CONVICTED.

 

FELONY CONVICTIONS

If you have been convicted of a crime punishable by imprisonment for a term exceeding one year, i.e., a felony, you are not only ineligible to possess a CCDW license; federal law prohibits you from possessing a firearm. Individuals subject to this disability should immediately lawfully dispose of their firearms and ammunition. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) recommends that individuals who have been convicted of a felony surrender their firearms and ammunition to a third party, such as their attorney, local police agency, or a federal firearms dealer. The continued possession of firearms or ammunition by persons under this disability is a violation of federal law and may subject the possessor to criminal penalties as well as seizure and forfeiture of the firearms and ammunition.

DIVERSION

Those on pretrial diversion for disqualifying offenses are not eligible for a CCDW license.

MISDEMEANOR CRIMES OF DOMESTIC VIOLENCE (MCDV)

It is illegal under federal law for any person convicted of a “misdemeanor crime of domestic violence” to ship, transport, possess, or receive firearms or ammunition (18 U.S.C. 922). A “misdemeanor crime of domestic violence” is defined in 18 U.S.C. 921(33) as an offense that:

  1. Is a misdemeanor under federal or state law; and

  2. Has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim.

The following misdemeanors under Kentucky law are deemed to be possible misdemeanor crimes of domestic violence. If you have been convicted of any of the following offenses, your application must be reviewed to determine whether your offense involved domestic violence:

  • KRS 508.030 Assault in the fourth degree (note that this is a three year state disqualifier even if domestic violence was not involved).

  • KRS 508.040 Assault under Extreme Emotional Disturbance

  • KRS 508.120 Criminal Abuse in the third degree

  • KRS 509.030 Unlawful Imprisonment in the second degree

  • KRS 510.120 Sexual Abuse in second degree

  • KRS 510.130 Sexual Abuse in third degree

  • KRS 510.140 Sexual Misconduct

  • KRS 525.060 Disorderly Conduct

  • KRS 525.070 Harassment

 

How to APPLY for A CCDW:

An applicant for a CCDW license must complete an application form at the sheriff’s office in his or her county of residence. The applicant must also pay the $60 application fee at the time of application (active and retired peace officers that meet the requirements of KRS 237.110(7) are exempt from paying the application or renewal fee). The sixty-dollar fee is to be allocated as follows:

  • Payment of twenty dollars to the sheriff of your county of residence.

  • A check or money order for forty dollars (the portion of the CCDW fee allocated to the KSP and the Administrative Office of the Courts by statute) payable to the Kentucky State Treasurer. The KSP will collect the portion of the fee designated for the Administrative Office of the Courts on its behalf.

Applications that are not accompanied by a check or money order for forty dollars ($40.00) payable to the Kentucky State Treasurer will be returned unprocessed to the sheriff of the applicant’s county of residence.

The application will be sent to the Kentucky State Police within five working days.

The application form, completed under oath, must include the following:

  • Name, Address, Date of Birth, Gender and Social Security Number.

  • A photograph that meets one of the following standards:

    1. An original color photograph or a color photographic copy developed from the negative of an original photograph and:

      1. Be no less than three and one-half (3 1/2) inches by four (4) inches; and

      2. Not exceed four (4) inches by six (6) inches;

    2. A color photograph from a digital camera, rated for seven (7) megapixels or greater, printed on photograph quality paper; or

    3. An original color passport style photograph that is:

      1. 2 x 2 inches in size; and

      2. Between 1 inch and 1 3/8 inches from the bottom of the chin to the top of the head.
        The photograph shall display the full front of the head and the facial features of the applicant and not be a photograph of the applicant wearing:

         

        • Sunglasses;

        • A hat; or

        • Attire that obscures a facial feature, hair, or hairline.

  • A photocopy of a certificate or an affidavit or document certifying completion of a firearms training course offered or approved by the Department of Criminal Justice Training.

The CCDW License Application – If you are not a U.S. Citizen, the Citizenship Affidavit (KSP 131) must be completed and submitted to the sheriff of your county of residence to be attached to the application. 

RENEWAL PROCESS

Not less than one hundred twenty (120) days prior to the expiration date of a CCDW license, the Department of State Police shall mail to each licensee a written notice of the expiration and a renewal form. If you wish to renew your CCDW license, you must take the renewal notice and a color photograph to the Sheriff of your county of residence. If you are not a U.S. Citizen, the Citizenship Affidavit (KSP 131) must be completed and submitted to the sheriff of your county of residence to be attached to the renewal form. You can download the CCDW License Citizenship/Immigration Status Affidavit (KSP 131) to be submitted with the renewal form to the Sheriff of your county of residence by clicking here. The photograph must be in color. The photograph must be no less than three and one-half (3 1/2) inches by four (4) inches and no more than four (4) inches by five (5) inches. The photograph shall display the full front of the head and the facial features of the applicant. The applicant shall not wear sunglasses or attire that obscures their facial features in the photograph. The photograph shall be an original photograph or a photographic copy developed from the negative of an original photograph and must not be an image produced by a computer, copier or other copy machine. Digital photographs or their printed images are not acceptable.

If you fail to renew your license on or before the expiration date and wish to renew your license, you will be required to pay an additional late fee of fifteen dollars ($15.00).

To pay the renewal fee, you must submit a payment to the Sheriff in the amount of twenty dollars and a check or money order in the amount of forty dollars (fifty five dollars if the renewal application is submitted after the expiration date of the license) payable to the Kentucky State Treasurer.

If six months or more has passed since the expiration date of your license, your license has permanently expired and cannot be renewed. If your license has permanently expired, you may reapply for licensure pursuant to KRS 237.110 by obtaining a CCDW application from the Sheriff of your county of residence.

LOST, STOLEN OR DESTROYED LICENSES

If a license is lost, stolen, or destroyed a duplicate may be requested for a $15 fee. You must complete a Request for Duplicate (KSP 126) at the office of the Sheriff of your county of residence. Once completed, the Sheriff will forward the information and fee to the Kentucky State Police.

CHANGE OF ADDRESS/PERSONAL INFORMATION

You are required to notify the Kentucky State Police within thirty days after the changing of a permanent address. Failure to do so is a noncriminal violation with a penalty of twenty-five dollars payable to the clerk of the District Court. To change or update your address, you must complete a Carry Concealed Deadly Weapons Licensee Request for Change of Personal Information (KSP 121) at the office of the Sheriff of your county of residence. Once completed, the Sheriff will forward the information to the Kentucky State Police.

 
 

CCDW RECIPROCITY:

Effective, July 15, 1998, Kentucky recognizes valid carry concealed weapons licenses issued by other states and, subject to the provisions of Kentucky law, a person holding a valid license from another state may carry a concealed deadly weapon in Kentucky. Written inquiries regarding recognition of Kentucky carry concealed licenses have been made to all states and U.S. territories. The map and chart below detail those responses.

 

Certain other jurisdictions that recognize Kentucky carry concealed permits may limit the right to carry concealed to handguns only and not allow for the carrying concealed of other types of weapons. Also, the laws of other jurisdictions may differ from the laws of Kentucky regarding the circumstances under which you may legally carry a concealed weapon.

You are advised to contact all other jurisdictions in which you intend to carry concealed weapons with questions regarding these issues.

 

Further Reading

Legal Handout Concerning CCDW