State Preemption | Kentucky Concealed Carry

Kentucky State Preemption of Firearm Laws

Kentucky has one of the strongest state preemption statutes in the country, broadly restricting local governments from enacting firearm regulations more restrictive than state law. The preemption framework is codified primarily in KRS 65.870 and reinforced by related provisions throughout Kentucky Revised Statutes Chapters 237 and 527.

Key Statute: KRS 65.870 — Local Government Firearm Regulation Preemption

Under KRS 65.870, the Kentucky General Assembly has expressly preempted the entire field of firearm regulation at the state level. The statute provides:

• No local government — including counties, cities, urban-county governments, consolidated local governments, charter county governments, or unified local governments — may occupy any part of the field of regulation of the manufacture, sale, purchase, taxation, transfer, transportation, storage, carrying, or possession of firearms, ammunition, components of firearms, or any combination thereof.
• Any existing or future local ordinances, administrative regulations, executive orders, or policies inconsistent with state law are null and void as a matter of law.
• The statute expressly preserves only two narrow areas of local authority:
  • Regulation of the discharge of firearms within local jurisdictions
  • Enforcement of existing zoning regulations (e.g., where gun stores, ranges, or firearms manufacturers may operate)

Scope of Preemption

Preempted activities (local governments may NOT regulate):

Retained local authority:

• Regulation of firearm discharge within municipal boundaries (e.g., no shooting within city limits)
• Enforcement of zoning laws (e.g., where gun stores or shooting ranges may operate)
• Restrictions in government buildings that meet specific security requirements under KRS 237.115 (this is a state-level authorization, not a local ordinance power)

Government Buildings Exception: KRS 237.115

KRS 237.115 provides the primary framework for restricting concealed carry in specific government-owned or government-occupied locations. Under this statute:

• State agencies and local governments may restrict concealed carry of deadly weapons in buildings they own, lease, or occupy, but only if the building is equipped with:
  • Electronic screening devices (metal detectors) at all public entrances
  • Security personnel sufficient to operate the screening equipment during all hours the building is open to the public
• Buildings without such security measures generally cannot prohibit lawful concealed carry by persons otherwise authorized under state law.
• If a government entity chooses to restrict concealed carry under KRS 237.115, it must provide adequate secure storage or an alternative means for lawful carriers to temporarily store their weapons while in the building.
• This provision applies uniformly as state law — it is a conditional state-level authorization, not a grant of local ordinance power. It does not override the preemption statute; rather, it creates a narrow, state-defined exception with mandatory security prerequisites.

Interaction with Permitless Carry (Constitutional Carry)

Kentucky enacted permitless (constitutional) carry effective June 27, 2019, under Senate Bill 150 (2019 Regular Session), codified at KRS 237.109. Key interactions with preemption:

• Any person aged 21 or older who is legally permitted to possess a firearm may carry concealed in Kentucky without a permit.
• The preemption statute ensures that no local municipality can impose additional concealed carry restrictions beyond those established in state law — no local permits, registration, or notification requirements.
• Pre-existing local firearms ordinances that conflict with the permitless carry law or other state firearms laws are void under KRS 65.870.
• Kentucky continues to issue Concealed Carry Deadly Weapon (CCDW) licenses under KRS 237.110 for reciprocity purposes with other states, even though a license is no longer required for concealed carry within Kentucky.
• Permitless carriers are subject to the same state-law restrictions on prohibited locations as CCDW license holders.

Constitutional Foundation

Kentucky's preemption framework is supported by two constitutional provisions:

• Section 1, Paragraph 7 of the Kentucky Bill of Rights — Explicitly enumerates the right to bear arms among Kentuckians' inherent and inalienable rights: "All men are, by nature, free and equal, and have certain inherent and inalienable rights, among which may be reckoned: ... Seventh: The right to bear arms in defense of themselves and of the State, subject to the power of the General Assembly to enact laws to prevent persons from carrying concealed weapons." This provision grants the General Assembly — not local governments — the authority to regulate concealed weapons, reinforcing the legitimacy of state-level preemption.
• Section 156B — Authorizes the General Assembly to permit municipal home rule for cities. However, this home rule authority is expressly limited by preemption statutes like KRS 65.870 in the firearms context. The General Assembly's decision to preempt local firearm regulation supersedes any general grant of home rule authority.

Statewide Prohibited Locations (State Law, Not Local Regulations)

The following restrictions are established by state law and apply uniformly across Kentucky. They are not local regulations and are not affected by preemption:

Additional state-level restrictions under KRS 527.020:

• Carrying a concealed deadly weapon is prohibited in any room in which the proceedings of the General Assembly or a committee thereof are being conducted.
• The statute also addresses carrying by persons under 21, who are not eligible for permitless carry and must hold a valid CCDW license if between 18-20 (where applicable under separate provisions).

Private Property Rights

Kentucky's preemption statute addresses government regulation only. It does not affect:

• Private property owners' right to prohibit firearms on their premises. Business owners may post "no weapons" signs or otherwise restrict carry on their property.
• Employer policies regarding firearms in the workplace, subject to any separate statutory protections (such as KRS 237.106, which protects employees' right to store lawfully possessed firearms in locked vehicles in employer parking areas).
• Federal property within Kentucky (military installations, federal courthouses, post offices, etc.), which is governed by federal law regardless of state preemption.

Enforcement and Legal Standing

KRS 65.870 provides that conflicting local ordinances are automatically null and void as a matter of law. Enforcement mechanisms include:

• Judicial challenge: Individuals affected by local ordinances that violate state preemption may bring suit in Kentucky courts to have the ordinance invalidated.
• Automatic nullification: Unlike some states that require a court order before preemption takes effect, Kentucky's preemption statute renders conflicting local regulations void upon enactment of the preemption law — no judicial action is required for nullification, though court action may be needed to compel a locality to stop enforcing a void ordinance.
• Case law support: Kentucky courts have consistently upheld KRS 65.870's broad prohibition against local firearm regulations, treating the General Assembly's preemption as comprehensive in the areas it covers.

Recent and Pending Legislation

The Kentucky General Assembly has considered several bills in recent sessions that would modify the preemption framework:

2025 Regular Session (25RS):

2026 Regular Session (26RS):

Note: The recurring introduction of bills both strengthening preemption (HB 204/517, HB 82/80) and weakening it (HB 329/316) reflects an active and ongoing legislative debate. Bills to strengthen preemption have historically found more traction in the Kentucky legislature, consistent with the state's overall pro-firearms-rights legislative posture. However, carry permit holders should monitor each legislative session for potential changes at apps.legislature.ky.gov.

Federal Preemption Context

Kentucky's state preemption of local firearm laws is a separate legal concept from federal preemption, which concerns the Supremacy Clause relationship between federal and state law (U.S. Const. art. VI, cl. 2). Key distinctions:

• Kentucky's KRS 65.870 preempts local government action in favor of state-level uniformity.
• Federal firearms laws (e.g., the Gun Control Act, National Firearms Act) set a floor that states cannot go below but generally do not preempt states from enacting more protective firearms rights.
• Several Kentucky bills (25RS HB 82, 26RS HB 80) have sought to address the intersection by prohibiting state and local enforcement of certain federal firearms restrictions, reflecting a trend of state-level "anti-commandeering" legislation in the firearms context.

Practical Effect for Concealed Carry Holders

1. Statewide uniformity — Carry laws are consistent across all 120 Kentucky counties and all cities. There is no need to research local ordinances before traveling within the state.
2. Permitless carry protected — No locality can require a permit, registration, or notification to carry concealed where state law does not require one.
3. Watch for posted government buildings — Government buildings with security screening under KRS 237.115 may lawfully prohibit concealed carry. Look for posted signage at entrances.
4. Respect private property — Private business owners retain the right to prohibit firearms on their premises. Preemption applies only to government regulation, not private property rights.
5. Vehicle storage protected — Under KRS 237.106, employers generally cannot prohibit employees from storing lawfully possessed firearms in locked personal vehicles in company parking areas.
6. CCDW license still valuable — While not required in Kentucky, the CCDW license enables reciprocity with other states and may simplify interactions with law enforcement during traffic stops or other encounters.
7. Federal property exempt — Military bases, federal buildings, post offices, and other federal facilities within Kentucky are governed by federal law, not state preemption.

Legal Reference

Sources and Limitations

This content is based on the Kentucky Revised Statutes as published by the Kentucky Legislative Research Commission at apps.legislature.ky.gov, the Kentucky Constitution, and legislative session records for the 25RS and 26RS sessions. The statute references (particularly KRS 65.870, KRS 237.110, KRS 237.115, and KRS 527.020/527.070) are based on well-established Kentucky law. Recent legislative activity was verified from the Kentucky Legislative Research Commission's official bill tracking records.

Readers should consult the full text of current statutes at apps.legislature.ky.gov for complete and authoritative legal guidance, as legislative changes may have been enacted after this content was prepared. This guide is for informational purposes and does not constitute legal advice.