Carrying Under the Influence | Kentucky Concealed Carry

Carrying Under the Influence in Kentucky

Kentucky does not have a specific statute that directly prohibits carrying a concealed firearm while under the influence of alcohol or drugs as a standalone criminal offense (i.e., there is no dedicated "carrying under the influence" crime with a defined BAC threshold, unlike some other states). However, Kentucky law addresses the intersection of alcohol, controlled substances, and firearms carry through several important provisions affecting CCDW license eligibility, where you may carry, training requirements, and federal prohibitions.

Alcohol-Related Restrictions on Carrying

Prohibited Locations: Bars and Establishments Serving Alcohol

Under KRS 237.110(17)(e), a CCDW license does not authorize carrying a concealed firearm into:

"Any portion of an establishment licensed to dispense beer or alcoholic beverages for consumption on the premises, which portion of the establishment is primarily devoted to that purpose."

Key distinction — restaurants vs. bars: You may carry a concealed weapon in a restaurant that serves alcohol, provided you remain outside the portion of the establishment "primarily devoted" to dispensing and consuming alcohol on-premises (i.e., the bar area). A restaurant that also has a liquor license is not entirely off-limits — only the bar-area portion is restricted. For example, sitting in the dining area of a restaurant like Red Lobster or Applebee's is permissible; sitting at the bar or in a dedicated bar section is not.

This restriction applies equally to CCDW license holders and permitless carriers (see Permitless Carry section below).

Complete List of Prohibited Carry Locations

For context, the bar-area restriction is one of several location-based prohibitions under KRS 237.110(17). A CCDW license does not authorize concealed carry in:

• (a) Any police station or sheriff's office
• (b) Any detention facility, prison, or jail
• (c) Any courthouse, courtroom solely occupied by the Court of Justice, or court proceeding
• (d) Any meeting of a governing body of a county, municipality, or special district; or any meeting of the General Assembly or its committees (exception: members of the body who hold a CCDW license may carry at their own body's meetings)
• (e) Any portion of an establishment licensed to dispense beer or alcoholic beverages for on-premises consumption that is primarily devoted to that purpose
• (f) Any elementary or secondary school facility (without consent of school authorities per KRS 527.070), any child-caring facility (KRS 199.011), any day-care center (KRS 199.894), or any certified family child-care home (KRS 199.8982) — exception: owners of a certified child-care home may carry in their own residence
• (g) An area of an airport to which access is controlled by inspection of persons and property
• (h) Any place where carrying firearms is prohibited by federal law

Additionally, under KRS 237.115, units of state and local government and postsecondary education facilities (colleges, universities, technical schools, and community colleges) may limit the carrying of concealed weapons on property they own or control. Private property owners may also exclude persons carrying firearms.

DUI Convictions as a CCDW Disqualifier

Kentucky law treats a pattern of alcohol-related convictions as evidence of chronic and habitual alcohol use, which disqualifies a person from holding a CCDW license:

• Two (2) or more convictions for violating KRS 189A.010 (Operating a motor vehicle under the influence of alcohol or other substance which impairs driving ability — commonly known as "DUI") within the three (3) years immediately preceding the date on which the application is submitted will result in denial, suspension, or revocation of a CCDW license — per KRS 237.110(4)(e).

Note: The Kentucky State Police FAQ confirms that "conviction of two DUIs within the past three years" is a disqualifier, and that this is a time-limited disqualifier — once the three-year lookback period has passed without additional DUI convictions, the applicant may reapply.

For reference, Kentucky DUI law (KRS 189A.010) defines DUI as driving while intoxicated or under the influence of any substance that impairs driving ability. This includes alcohol, illegal drugs, prescription drugs, over-the-counter medications, and inhalants (per the Kentucky Division of Driver Licensing).

Commitment as an Alcoholic

• A person who has been committed as an alcoholic pursuant to KRS Chapter 222 (Kentucky Alcohol and Other Drug Abuse Prevention, Intervention, and Treatment Law) or similar laws of another state within the three (3) year period immediately preceding the date on which the application is submitted is disqualified from obtaining or holding a CCDW license — per KRS 237.110(4)(e).

This is also a time-limited disqualifier with a three-year lookback.

Controlled Substance Restrictions

Unlawful Use of or Addiction to Controlled Substances

• A person who is an unlawful user of or addicted to any controlled substance is prohibited from obtaining or holding a CCDW license. This disqualifier has no time limitation — it applies as long as the condition exists — per the CCDW qualification requirements referencing 18 U.S.C. § 922(g)(3) and KRS 237.110(4)(a).

The Kentucky State Police explicitly note: "While some disqualifiers listed above have a three-year limitation, other disqualifiers, such as conviction of a felony or misdemeanor crime of domestic violence, do not have a time limitation." The "unlawful user of or addicted to any controlled substance" disqualifier falls in this category of permanent disqualifiers (as long as the condition persists).

Controlled Substance Convictions or Commitments

• A person who has been committed to a state or federal facility for the abuse of a controlled substance within the three (3) year period immediately preceding the application date is disqualified — per KRS 237.110(4)(d).
• A person who has been convicted of a misdemeanor violation of KRS Chapter 218A (Kentucky's Controlled Substances Act) or similar laws of any other state within the three (3) year period immediately preceding the application date is disqualified — per KRS 237.110(4)(d).

Medicinal Cannabis and Firearms — Special Considerations

Kentucky enacted KRS Chapter 218B (Medicinal Cannabis), creating a state-legal framework for medicinal cannabis use. However, this creates a significant conflict with federal law:

• Cannabis (marijuana) remains a Schedule I controlled substance under federal law (21 U.S.C. § 812).
• Under 18 U.S.C. § 922(g)(3), any person who is an "unlawful user of or addicted to any controlled substance" is prohibited from possessing firearms or ammunition. Because cannabis is illegal under federal law, a user of medicinal cannabis — even one with a valid Kentucky medicinal cannabis authorization — is considered an "unlawful user" under federal law and is federally prohibited from possessing firearms.
• The Kentucky General Assembly has addressed this conflict through legislative resolutions. In the 2025 Regular Session (25RS), both House Concurrent Resolution 19 and House Resolution 48 addressed the topic of "Users of medical cannabis, possession of firearms," signaling legislative awareness of the tension between state medicinal cannabis law and federal firearms prohibitions.

Concealed carriers who use medicinal cannabis should be aware that they may face federal prosecution for firearms possession regardless of their compliance with Kentucky's medicinal cannabis program.

CCDW Training Requirement: No Intoxication at Training

Under 502 KAR 13:010, Section (f), a person attending a CCDW firearms safety or training course must certify that they are:

"Not under the influence of alcohol or another intoxicating or hallucinatory drug or substance."

This administrative regulation ensures that applicants are sober during the mandatory training component of the CCDW licensing process. Appearing at a training course while intoxicated would disqualify the training certificate.

No Specific BAC Threshold for Carrying

Unlike some states that set a specific blood alcohol concentration (BAC) limit for carrying a firearm (e.g., 0.02%, 0.04%, or 0.08%), Kentucky's statutes do not establish a specific BAC level at which carrying a concealed weapon becomes a criminal offense. There is no standalone "carrying while intoxicated" offense in KRS Chapter 527 (Offenses Relating to Firearms and Weapons) or KRS Chapter 237 (Firearms and Destructive Devices) with a defined BAC threshold.

Comparison — Boating Under the Influence: For context, Kentucky does set a BAC threshold for operating vessels. Under KRS 235.240, it is illegal to operate a boat or vessel while intoxicated, with a threshold of 0.08 BAC — the same as motor vehicle DUI. Kentucky law includes implied consent for boating (operators on Kentucky waters are deemed to have consented to testing). No equivalent implied-consent or BAC provision exists for carrying a firearm.

Under-21 Note: Drivers under 21 in Kentucky are subject to a "Zero Alcohol Tolerance" policy with a 0.02 BAC threshold for motor vehicle operation. This does not directly apply to firearms carry but reflects the general statutory approach to alcohol and persons under 21.

Permitless Carry Considerations

Kentucky enacted permitless (constitutional) carry effective June 27, 2019 (2019 KY Senate Bill 150), allowing persons aged 21 and older who are legally entitled to possess a firearm to carry concealed without a CCDW license. Key points for the alcohol/substance context:

• Same location restrictions apply: Permitless carriers are subject to the same prohibited-location rules as CCDW license holders, including the bar-area prohibition under KRS 237.110(17)(e).
• Same federal prohibitions apply: Under 18 U.S.C. § 922(g)(3), it is a federal crime for any person who is an "unlawful user of or addicted to any controlled substance" to possess a firearm or ammunition, regardless of whether they hold a CCDW license or carry under permitless carry.
• CCDW license still available: Kentucky continues to issue CCDW licenses (valid for 5 years, $60 renewal fee) for those who wish to obtain them, primarily for reciprocity purposes when traveling to other states. The same substance-related disqualifiers apply to license applicants.

Additional Disqualifiers Related to Violent Behavior

While not directly alcohol/substance-related, the following disqualifiers may interact with impairment scenarios:

• Assault in the fourth degree (KRS 508.030) conviction within the past 3 years — CCDW license denied/revoked per KRS 237.110(4)(h).
• Terroristic threatening in the third degree (KRS 508.080) conviction within the past 3 years — CCDW license denied/revoked per KRS 237.110(4)(h).
• Waiver available: The Kentucky State Police may waive the assault/terroristic threatening disqualifier based on a showing of good cause and a determination that the applicant is not a danger (per KRS 237.110(4)(h)).

Public Intoxication Law

Under KRS 222.202, Kentucky law prohibits drinking alcoholic beverages in public places (excluding establishments licensed to sell such beverages). Public waterways are expressly considered public places. Persons who are manifestly under the influence of alcohol in a public place to the extent that they may unreasonably annoy or endanger themselves or others are subject to arrest. While this is not firearm-specific, carrying a firearm while manifestly intoxicated in a public place could compound legal exposure.

Rights During Emergencies

Under KRS 237.104, no person, unit of government, or governmental organization may revoke, suspend, limit, or impair the right to possess, carry, or use a firearm during a disaster or emergency (or at any other time). However, this protection does not apply to persons who are:

• Forbidden to possess a firearm under KRS 527.040 (convicted felons)
• Forbidden to possess a firearm under federal law (including 18 U.S.C. § 922(g)(3) — unlawful users of controlled substances)
• Violating KRS 527.020 (carrying concealed deadly weapon unlawfully)
• In possession of a stolen firearm
• Using a firearm in the commission of a criminal offense

This means that even during emergencies, a person who is an unlawful user of or addicted to controlled substances remains prohibited from possessing firearms.

Practical Summary for Concealed Carriers

Federal Law Overlay

Regardless of Kentucky state law:

• 18 U.S.C. § 922(g)(3) makes it a federal felony for any person who is an "unlawful user of or addicted to any controlled substance" (as defined under federal law, including marijuana/cannabis, which remains a Schedule I substance under 21 U.S.C. § 812) to ship, transport, receive, or possess firearms or ammunition.
• This federal prohibition applies even if the person holds a valid Kentucky CCDW license, carries under permitless carry, or uses cannabis pursuant to Kentucky's medicinal cannabis program (KRS Chapter 218B).
• ATF Form 4473 (required for firearm purchases from licensed dealers) asks whether the buyer is an unlawful user of or addicted to any controlled substance, and includes a warning that marijuana use disqualifies the buyer regardless of state law.

Pending and Recent Legislation

• 25RS House Concurrent Resolution 19 and House Resolution 48 — Addressed "Users of medical cannabis, possession of firearms," signaling legislative interest in resolving the conflict between Kentucky's medicinal cannabis law and federal firearms prohibitions.
• 26RS House Bill 126 — Addresses background checks for private firearms sales and transfers.
• 25RS House Bill 331 — Also addressed background checks for private firearms sales and transfers.

Concealed carriers should monitor legislative developments, particularly regarding the medicinal cannabis/firearms conflict, as federal or state law changes could significantly alter the legal landscape.

Key Statutes and Regulations

Disclaimer

The Kentucky Department of State Police advises that it is not authorized to issue legal opinions to the public. For legal questions about carrying firearms under the influence in Kentucky, consult the Office of the Attorney General (Capitol Suite 118, 700 Capitol Avenue, Frankfort, KY 40601-3449) or private counsel. For federal law questions, contact the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Louisville Field Division at (502) 753-3400.

Content based on Kentucky Revised Statutes, Kentucky Administrative Regulations, Kentucky State Police CCDW program materials, Kentucky Legislative Research Commission records, and Kentucky Department of Fish & Wildlife Resources. Last reviewed: April 2026.