Proposed Kentucky Firearm Legislation
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note: Kentucky does not carry over legislation from session to session
Title: AN ACT relating to the regulation of cannabis and making an appropriation therefor.
Description: Establish KRS Chapter 245, relating to cannabis, to administer its cultivation, processing, transportation, sale, use, taxation, and licensing; define terms; establish the Cannabis Control Board and its membership, procedures, powers, and duties; direct the board to promulgate administrative regulations for the administration and enforcement of the chapter; set up advisory committees appointed by the board; create the Department of Cannabis Control within the Public Protection Cabinet for the oversight of cannabis operations and to provide administrative support for the board; establish various one-year business licenses under the chapter; grant administrative hearings under KRS Chapter 13B to appeal a license denial or revocation; forbid an employer from discriminating against applicants or employees who use cannabis outside of working hours as long as the use does not affect job performance; prohibit a person under the age of 21 from purchasing, possessing, consuming, or using cannabis; establish a revolving account called the "cannabis fund" to collect cannabis licensing fees, fines, excise taxes, and any other funds; form the Social Impact Council as a public agency authorized to distribute moneys from the cannabis fund; set council membership, procedures, powers, and duties; create new sections of KRS Chapter 138 to define terms; impose an excise tax at a rate set by the Cannabis Control Board on the first sale or transfer of harvested cannabis; establish excise tax reporting, collection, and liability; amend KRS 139.472 to exempt medical cannabis and accessories from sales and use taxes; create a new section of KRS Chapter 65 to authorize local governments to levy up to a 5% license fee on the gross receipts of a retailer or microbusiness; allow overlapping local governments to agree to levy a combined license fee, with set fee amounts absent an agreement; amend KRS 2.015 to require a person to be 21 years of age or older to purchase cannabis and its products and accessories; create new sections of KRS 218A and amend KRS 218A.1421, 218A.1422, 218A.1423, and 218A.500 to exempt licensed cannabis activities from criminal marijuana offenses; create a new section of KRS Chapter 431 to allow a person to petition the court to expunge the person's misdemeanor marijuana offenses; amend KRS 431.079 to exclude the expungement petition from the certification of eligibility requirement; amend KRS 131.1815 to notify the Cannabis Control Board if a cannabis licensee is a delinquent taxpayer; amend KRS 600.020 to include cannabis offenses in the list of juvenile status offenses; amend KRS 12.020 to add the governmental entities created in KRS Chapter 245 to the list of executive branch government bodies; set initial terms for members of the Cannabis Control Board and Social Impact Council; apply the excise tax beginning on July 1, 2024, and allow cannabis sales beginning on July 1, 2025; Section 31 of Act RETROACTIVE; APPROPRIATION.
Last Action: to Appropriations & Revenue (H)
Last Action Date: February 23, 2023
Title: AN ACT relating to local regulatory actions.
Description: Create a new section of KRS Chapter 82 to define "city," "project labor agreement," and "public construction project"; permit a city to establish a mandatory preference for awarding public construction project contracts to unions through a negotiated project labor agreement; permit cities to negotiate wages that are higher than the state or federal minimum wage as a condition of the project labor agreement; create a new section in KRS Chapter 337 to define "city," "prevailing wage," "prevailing wage rate," and "public works project"; permit a city to enact prevailing wage ordinances; amend KRS 65.016 to grant local governments the authority to adopt and enforce ordinances that require employers in their jurisdiction to provide leave to employees and set a higher minimum wage than state and federal rates; amend KRS 65.870 to remove state preemption of local firearms regulations and allow local governments to enact ordinances regulating firearms; amend KRS 237.115 to conform; amend KRS 383.210 and 383.215, relating to forcible entry and detainer, to allow a local government to set an alternative time period from the date of the service of the warrant and the date of the hearing to more than the minimum of three days; require the local government to notify the sheriff, the court of jurisdiction, and the administrative office of the courts of that action.
Last Action: to Committee on Committees (H)
Last Action Date: January 3, 2023
Title: AN ACT relating to firearms.
Description: Create new sections of KRS Chapter 16 to direct the Kentucky State Police to establish the Kentucky Voluntary Do Not Sell Firearms List to prohibit the possession, sale, or transfer of firearms to individuals who voluntarily request to be added the list; prescribe procedures for application for entry and removal from the list; establish penalties; amend KRS 237.110 to exclude persons on the list from eligibility for license to carry a concealed weapon.
Last Action: to Committee on Committees (H)
Last Action Date: January 4, 2023
Title: AN ACT relating to firearms.
Description: Amend KRS 237.109 to lower the age requirement for carrying a concealed and deadly weapon from 21 to 18; amend KRS 237.110 to conform.
Last Action: to Committee on Committees (H)
Last Action Date: January 5, 2023
Title: AN ACT relating to concealed deadly weapons.
Description: Repeal KRS 237.115, which interprets the application of the license to carry concealed deadly weapon statute as permitting postsecondary facilities, local governments, and units of state government to limit concealed carry in governmental buildings; amend various KRS sections to conform; amend KRS 237.110 to no longer prohibit the carrying of concealed deadly weapons in schools and specify that the prohibition of carrying concealed deadly weapons in airports is limited to areas controlled by TSA; amend KRS 527.070 to add persons with valid licenses to carry concealed deadly weapons to the list of those permitted to possess weapons in schools.
Last Action: to Committee on Committees (H)
Last Action Date: January 6, 2023
Title: AN ACT relating to prohibiting the enforcement of a federal ban or regulation of firearms and declaring an emergency.
Description: Create a new section of KRS Chapter 237 to prohibit identified entities from enforcing federal firearm bans; prohibit identified entities from adopting rules, regulations, or ordinances that require enforcement of federal firearm bans; and prohibit identified entities from allocating public resources or moneys in the enforcement of federal firearm bans; RETROACTIVE to January 1, 2021; EMERGENCY.
Last Action: became law without Governor's Signature (Acts Ch. 117)
Last Action Date: March 28, 2023
Title: AN ACT relating to firearms and declaring an emergency.
Description: Create a new section of KRS Chapter 527 to define terms; prohibit an identified entity from enforcing or assisting in the enforcement of, any federal law that does not exist under the laws of Kentucky and limits firearm ownership; create a Class B misdemeanor with enhancement for subsequent offenses for any government official who violates the prohibition; grant authority to the Attorney General to file a civil action in Circuit Court to enforce the prohibition; permit citizens to file complaints with the Attorney General for violations of the prohibition; make federal agents subject to arrest for enforcing prohibition or attempting to arrest local or state officials; provide that the Act may be cited as the Kentucky 2nd Amendment Preservation Act; EMERGENCY.
Last Action: to Committee on Committees (H)
Last Action Date: February 7, 2023
Title: AN ACT relating to public contracts.
Description: Create a new section of KRS Chapter 45A to prohibit a governmental body from entering into contracts valued at or above $100,000 with a company that has ten or more employees and discriminates against firearm entities or firearm trade associations; set forth what does and does not constitute discrimination; exempt sole proprietorships.
Last Action: to Committee on Committees (H)
Last Action Date: February 14, 2023
Title: AN ACT relating to destruction of firearms.
Description: Amend KRS 500.090 to allow consolidated local governments to destroy firearms abandoned, confiscated, or forfeited under the Kentucky Penal Code.
Last Action: to Committee on Committees (H)
Last Action Date: February 15, 2023
Title: AN ACT relating to the taxation of various gun safety measures.
Description: Amend KRS 139.010 to define "firearm safe," "firearm safety course," and "firearm safety device"; amend KRS 139.480 to exempt firearm safes, firearm safety courses, and firearm safety devices; provide that the exemptions apply to sales or purchases made on or after July 1, 2023, but before July 1, 2027; require the Department of Revenue to report to the Interim Joint Committee on Appropriations and Revenue the amount of exemptions claimed.
Last Action: to Appropriations & Revenue (H)
Last Action Date: February 28, 2023
Title: AN ACT to revise and correct the Kentucky Revised Statutes.
Description: Amend various sections of the Kentucky Revised Statutes to correct outdated references to specific interim joint committees and standing committees of the General Assembly; correct the titles of various state officers; update the names of certain state agencies; replace references to now defunct federal agencies with the names of the successor entities; update the names of various associations to the name currently used; correct specific inaccurate range references; correct spelling errors; make other technical corrections.
Last Action: to State & Local Government (S)
Last Action Date: March 13, 2023
Title: AN ACT relating to firearms and declaring an emergency.
Description: Create new sections of KRS Chapter 237 to define "assault weapons," "large-capacity ammunition-feeding devices," and "ammunition sellers"; require background checks for private firearms sales; require reporting to law enforcement of firearm and ammunition thefts and losses; require the safe storage of firearms; amend KRS 395.250 to require an estate's inventory to list each firearm; amend KRS 403.735 to require judges, when issuing an order of protection, to consider whether a person against whom the order is entered should be prohibited from possessing an firearm; amend KRS 504.030 to require judges in criminal cases where a person is found not guilty by reason of insanity to demand the surrender of the defendant's firearms; amend KRS 506.080 to specify that the offense of facilitation includes assistance in providing firearms; amend KRS 508.020 to include physical injury to a minor by virtue of the intentional discharge of a firearm within the offense of assault in the second degree; create a new section of KRS Chapter 527 to create the offense of criminal purchase or disposal of a weapon; amend KRS 527.040 to require that the sentence for a felon in possession of a firearm be served subsequent to any other felony sentence; amend KRS 527.070 to include postsecondary education facilities within the existing ban on firearms in schools; amend KRS 532.030 to require the judge pronouncing a defendant guilty but mentally ill to demand the surrender of the person's firearms; create a new section of KRS Chapter 237 to require the State Police to promulgate administrative regulations relating to the licensing of persons to possess handguns and assault weapons, the registration of handguns and assault weapons, and the logging of firearms and ammunition sales effective January 1, 2024; amend KRS 65.1591, 237.104, 237.115, and 532.025 to conform; repeal KRS 65.870, relating to the prohibition of local firearm control ordiances; EMERGENCY; some provisions EFFECTIVE January 1, 2024.
Last Action: to Committee on Committees (H)
Last Action Date: February 21, 2023
Title: AN ACT relating to state dealings with companies that engage in politically sensitive company boycotts.
Description: Amend KRS 41.472 to add definitions for "agricultural commodities associated company," "firearms goods or services associated company," "petrochemical commodities associated company," "politically sensitive company boycott," and "social media information company"; amend KRS 41.474 to require the Treasurer to maintain and publish lists of all financial companies that engage in any politically sensitive company boycotts; require state governmental entity divestment in financial companies that engage in politically sensitive company boycotts; amend KRS 41.480 to add definitions for "agricultural commodities associated company," "firearms goods or services associated company," "petrochemical commodities associated company," "politically sensitive company boycott," and "social media information company"; prohibit a governmental entity from entering into a contract for goods or services with a company unless the contract has a written verification that the company does not and will not engage in any politically sensitive company boycotts; allow a company to provide written verification to the Treasurer that not engaging in a politically sensitive company boycott would violate its religious beliefs; provide that a company that has provided verified documentation of its religious beliefs shall not be advantaged or disadvantaged in the contracting process.
Last Action: to Committee on Committees (H)
Last Action Date: February 22, 2023
Title: AN ACT relating to concealed deadly weapons.
Description: Amend KRS 527.070 to modify the types of school facilities where weapons are prohibited; state that the prohibition of weapons on school grounds only applies when entrances to the school buildings display a sign indicating that unlawfully possessing a weapon in a school is a felony; remove the requirement that signs be prominently displayed indicating possessing a weapon in a school is prohibited; remove the provision that failure to post the signs indicating weapons are prohibited in schools shall not relieve a person of liability; amend KRS 150.172, 237.110, and 527.020 to conform; repeal KRS 237.115 which interprets the application of the license to carry concealed deadly weapon statute as permitting postsecondary facilities and state and local governments to limit concealed carry in governmental buildings.
Last Action: to Education (S)
Last Action Date: February 14, 2023
Title: AN ACT relating to the regulation of firearms and ammunition by local governments.
Description: Create a new section of KRS Chapter 65 to allow urban-county governments and consolidated local governments to regulate firearms and ammunition to reduce gun violence except when state or federal law preemepts local governance; amend KRS 65.870 to conform.
Last Action: to Veterans, Military Affairs, & Public Protection (S)
Last Action Date: February 9, 2023
Title: AN ACT relating to prohibiting the enforcement of a federal ban or regulation of firearms and declaring an emergency.
Description: Create new sections of KRS Chapter 237 to define terms; prohibit identified entities from enforcing federal firearm bans; prohibit identified entities from adopting rules, regulations, or ordinances that require enforcement of federal firearm bans; prohibit identified entities from allocating public resources or moneys in the enforcement of federal firearm bans; establish that federal laws, orders, or regulations that infringe upon Second Amendment rights shall be invalid and not recognized in the Commonwealth of Kentucky; create liability for enforcement of federal bans that infringe on law-abiding citizens' rights; establish a civil penalty for violations; waive sovereign immunity; provide that the Act may be cited as the Kentucky Second Amendment Preservation Act; EMERGENCY.
Last Action: to Veterans, Military Affairs, & Public Protection (S)
Last Action Date: February 10, 2023
Title: AN ACT relating to firearms.
Description: Amend KRS 16.220 to require the destruction of confiscated firearms; amend various sections to conform.
Last Action: to Veterans, Military Affairs, & Public Protection (S)
Last Action Date: February 21, 2023
Title: AN ACT relating to protective orders.
Description: Amend KRS 403.740 to provide the authority for a court to prohibit the possession of firearms and require the surrender of firearms by a respondent; establish hearing procedures; provide that these provisions take effect upon the upholding of United States v. Combs 5: 22-136-DCR (E.D. Ky. Feb. 2, 2023); amend KRS 456.060 to provide the authority for a court to prohibit the possession of firearms and require the surrender of firearms by a respondent; establish hearing procedures; provide that these provisions take effect upon the upholding of United States v. Combs 5: 22-136-DCR (E.D. Ky. Feb. 2, 2023).
Last Action: to Judiciary (S)
Last Action Date: February 23, 2023
Title: AN ACT relating to the emergency powers of the Governor.
Description: Amend KRS 39A.100 to remove certain emergency powers of the Governor including seizing, taking, or condemning property or making compensation for the seized property; remove provision allowing the Governor to declare curfews and prohibit the sale or consumption of goods; remove the provision allowing the Governor, upon recommendation of the Secretary of State to set a different time or place for holding elections in an area for which a state of emergency has been declared; amend KRS 117.015 to remove the requirement that the State Board of Elections promulgate administrative regulations establishing procedures for suspended or delayed elections; amend KRS 117.345 to remove the inclusion of delayed or postponed elections from the statement by the county treasurer to the State Board of Elections; amend KRS 118.027 to remove the emergency power of the Governor and Secretary of State to set the time and place for holding elections.
Last Action: to State & Local Government (S)
Last Action Date: February 23, 2023