Does Kentucky have background checks for firearms? What to know about state’s gun laws
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Louisville Old National Bank shooting
Six people are dead and nine people were hospitalized after an active shooter opened fire in downtown Louisville on April 10.
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Following Monday’s deadly mass shooting in downtown Louisville that left six people dead, including the shooter, police confirmed the gunman used a high-power AR-15 rifle he bought legally just a few days before.
Kentucky generally has lenient laws when it comes to purchasing and carrying guns, and the state legislature has recently moved to loosen them further.
Here’s what to know about owning and carrying a gun in Kentucky in the wake of the shooting.
Does Kentucky require a background check to buy a gun?
No, there is no state law requiring background checks, according to Everytown for Gun Safety, a gun reform advocacy group. According to GunPolicy.org, federal law requires federally licensed firearms dealers — but not private sellers — to initiate a background check on the purchaser prior to sale of a firearm.
Kentucky also does not require a permit to purchase, registration or firearm licensing for gun owners, according to the National Rifle Association.
How old do you have to be to buy a gun?
Federal law allows the sale of rifles and shotguns and ammunition for those guns to be sold to people ages 18 and older. All firearms other than shotguns and rifles, such as handguns, and all ammunition other than ammunition for shotguns or rifles may be sold only to individuals 21 years of age or older.
That said, there are a few exceptions that allow minors to use a handgun, including when they’re on private property and have permission from an adult to have one.
According to U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives, businesses licensed to deal in firearms are “bound by the minimum age requirements established by the Gun Control Act regardless of state or local law.”
The only exception is if state law or local ordinances establish a higher minimum age for the purchase or disposition of firearms. In that case, the licensee must observe the higher age requirement.
Is Kentucky an open carry state?
Yes, Kentucky’s open carry law allows anyone 18 years of age or older to openly carry a firearm in most places. You can open carry a gun in stores and entertainment venues, among other places.
There are some exceptions, including government employers who decide to ban guns from the workplace. Open carry is also prohibited in businesses that primarily serve alcohol unless the person carries their firearm into the establishment’s restaurant section.
Can local governments pass tougher restrictions on guns?
Generally speaking, no.
Kentucky law explicitly preempts several types of local firearm ordinances, according to the Giffords Law Center. For decades, Kentucky law has barred Louisville from passing stricter gun ordinances.
Does Kentucky law require auctioning confiscated guns?
In fact, it does.
The gun used in Monday’s shooting will eventually be auctioned off to the public by Kentucky State Police. Louisville officials have condemned this practice, but there’s not much they can do about it because of another law, under which local firearms control ordinances are prohibited.
Who can carry a concealed weapon in Kentucky?
Kentucky has had permitless carry since at least 2019, when the state legislature enacted Senate Bill 150. That legislation allows “concealed deadly weapons to be carried by persons age 21 and over without a license” in the same areas where concealed carry license holders may carry concealed weapons.
Barring places where federal law prohibits carrying a gun or other deadly weapons, anyone age 21 or older can carry a concealed firearm, provided they’re lawfully able to possess one, the law states.
According to the Kentucky State Police, individuals younger than 21 years old may also be eligible to possess a firearm, but they’re barred from concealed carry.
For people older than 21, but not eligible to possess a firearm, those individuals are allowed to carry other kinds of deadly weapons, but not conceal them.
Where can you carry a concealed weapon in Kentucky?
In Kentucky, you can carry a concealed firearm as long as you’re a legal gun owner. That said, you can’t take a firearm anywhere you want.
Under state law, gun owners can’t carry firearms into the following places:
Any police station or sheriff’s office
Any detention facility, prison or jail
Any courthouse, solely occupied by the Court of Justice courtroom or court proceeding
Any meeting of the governing body of a county, municipality or special district; or any meeting of the General Assembly or a committee of the General Assembly (except state lawmakers holding a concealed carry license)
Bars and restaurants that serve alcohol
Any elementary or secondary school facility without the consent of school authorities and any kind of day care facility (owners of a certified child care home are exempt)
Airports
Any place where the carrying of firearms is prohibited by federal law
Public and private colleges and universities can ban concealed weapons, though there have been recent efforts by one Kentucky lawmaker to roll that back.
Private businesses may also ban concealed weapons by posting a sign.
Gun owners will also need a permit if they want to carry their gun into another state. A list of states and territories that have reciprocity agreements with Kentucky is available online at kentuckystatepolice.org.
This story may be updated.
Do you have a question about Kentucky for our service journalism team? We’d like to hear from you. Fill out our Know Your Kentucky form or email ask@herald-leader.com.
This story was originally published April 11, 2023 at 2:54 PM.
