Red Flag Laws | Kentucky Concealed Carry

Criminal Penalties Related to Concealed Carry in Kentucky

Kentucky law establishes several criminal penalties related to the carrying and possession of firearms and deadly weapons. Below is a comprehensive summary based on Kentucky Revised Statutes as referenced by the Kentucky State Police.

Carrying a Concealed Weapon (KRS 527.020)

• General Offense: A person is guilty of carrying a concealed weapon when he or she carries concealed a firearm or other deadly weapon on or about his or her person (KRS 527.020(1)).
• Penalty: Carrying a concealed weapon is a Class A misdemeanor, unless the defendant has been previously convicted of a felony in which a deadly weapon was possessed, used, or displayed, in which case it is a Class D felony (KRS 527.020(9)).

Note: As of June 28, 2019 (pursuant to 2019 Senate Bill 150), any person age 21 or older who is 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 a valid Kentucky CCDW license issued under KRS 237.110. This permitless carry provision means the concealed carry penalty applies primarily to those who are not legally eligible to carry.

Possession of a Handgun by a Minor (KRS 527.100)

• Offense: A person under the age of 18 who possesses, manufactures, or transports a handgun, except under specified exemptions (hunter's safety courses, target shooting, organized competitions, hunting/trapping with valid license, traveling to/from such activities with unloaded handgun, on property controlled by an adult with permission, or at residence with parental permission under justifiable self-defense circumstances).
• Penalty:
  • First offense: Class A misdemeanor
  • Each subsequent offense: Class D felony

Unlawfully Providing a Handgun to a Juvenile (KRS 527.110)

• Offense: A person who intentionally, knowingly, or recklessly provides a handgun to a person they know or have reason to believe is under 18, in violation of KRS 527.040, 527.100, or 600.020; or a parent/legal guardian who provides a handgun to a juvenile or permits possession knowing there is a substantial risk the juvenile will use it to commit a felony, or with knowledge that the juvenile has been convicted of a crime of violence.

Unlawful Possession of a Weapon on School Property (KRS 527.070)

• Prohibits unlawful possession (whether carried openly or concealed) of a weapon on school property, except for certain specified exceptions.

Loaded Firearms in Establishments Selling Alcohol (KRS 244.125)

• Prohibits loaded firearms (concealed or otherwise) in places where alcohol is sold by the drink, except for certain specified exceptions.

Non-Criminal Violations

• Failure to carry CCDW license while armed: Failure on the part of a license holder to have their CCDW license in their possession when carrying a concealed firearm or deadly weapon results in a non-criminal violation punishable by a $25.00 fine.
• Failure to update address: Failure to notify the Kentucky State Police within 30 days after changing a permanent address is a non-criminal violation with a penalty of $25.00 payable to the clerk of the District Court.

CCDW License Denial, Suspension, or Revocation Grounds

The following conditions may result in denial, suspension, or revocation of a CCDW license (and in many cases also constitute grounds for criminal liability for unlawful possession under state and federal law):

• Conviction of a felony (no time limitation)
• Being under indictment for a felony
• Conviction of Assault in the fourth degree within the past three years
• Conviction of terroristic threatening in the third degree within the past three years
• Conviction of a misdemeanor relating to a controlled substance within the past three years
• Conviction of a misdemeanor crime of domestic violence (no time limitation)
• Being an unlawful user of, or addicted to, any controlled substance
• Conviction of two DUIs within the past three years
• Commitment for alcohol or drug abuse within the past three years
• Adjudication as incompetent or involuntary commitment to a mental institution
• An active emergency protective order or domestic violence order
• Child support arrearage (as specified)
• Failure to comply with subpoena or warrant relating to child support or paternity proceedings
• Being a fugitive from justice
• Dishonorable discharge from the Armed Forces
• Being ineligible to purchase, receive, or possess a firearm, ammunition, or both under state or federal law

Late Fees and Administrative Penalties

• Late renewal fee: $15.00 in addition to the standard $60.00 renewal fee if renewal is filed after the expiration date
• Permanent expiration: A license cannot be renewed six months or more after its expiration date; the license is deemed permanently expired (KRS 237.110(14)(c))

Key Statute References

• KRS 237.110 – Concealed Carry of Deadly Weapons licensing
• KRS 527.020 – Carrying concealed weapon offense and penalties
• KRS 527.040 – Possession of a firearm by a convicted felon
• KRS 527.070 – Unlawful possession of a weapon on school property
• KRS 527.100 – Possession of a handgun by a minor
• KRS 527.110 – Unlawfully providing a handgun to a juvenile
• KRS 244.125 – Loaded firearms in alcohol establishments
• KRS 237.115 – Authority of government units and postsecondary facilities to restrict concealed carry