HB 316

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1AN ACT relating to local firearms control ordinances.
2 Be it enacted by the General Assembly of the Commonwealth of Kentucky:
3SECTION 1. KRS 65.870 IS REPEALED AND REENACTED TO READ AS
4 FOLLOWS:
5 Notwithstanding KRS 237.104, a city, county, urban-county government, charter
6 county, consolidated local government, or unified local government may enact
7 ordinances regulating the manufacture, sale, purchase, taxation, transfer, ownership,
8 possession, carrying, storage, or transportation of firearms, ammunition, components
9 of firearms, components of ammunition, firearms accessories, or combination thereof.
10Section 2. KRS 65.1591 is amended to read as follows:
11 (1)    As used in this section:
12(a)    "Peer support communication" means any oral or written communication
13made in the course of, or application for, a peer support counseling session or
14any communication by a peer support participant regarding the contents of a
15peer support counseling session to another peer support specialist, staff
16member of a peer support counseling program, or the supervisor of a peer
17support specialist;
18(b)    "Peer support counseling program" means a program provided by a public
19agency to provide counseling services from a peer support specialist to a
20public safety employee;
21(c)    "Peer support counseling session" means any counseling formally provided
22through a peer support counseling program between a peer support specialist
23and one (1) or more public safety employees;
24(d)    "Peer support participant" means a public safety employee who receives
25counseling services from a peer support specialist;
26(e)    "Peer support specialist" means a public safety employee designated by the
27public agency to provide peer support counseling who has received training in
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1both peer support counseling and in providing emotional and moral support to
2public safety employees who have been in or exposed to an emotionally
3traumatic experience in the course of employment;
4(f)    "Public agency" has the same meaning as the entities listed in KRS
561.870[65.870(1)]; and
6(g)    "Public safety employee" means an individual employed by a public agency
7who:
81.      Serves as a police officer as defined by KRS 15.420(2)(a)1.;
92.      Serves in a position that is primarily engaged in firefighting activities,
10whether paid or unpaid;
113.      Serves as a certified telecommunicator as provided by KRS 15.560 to
1215.565; or
134.      Is licensed to provide emergency medical services as provided by KRS
14Chapter 311A.
15 (2)    Any public agency may create and design a peer support counseling program to
16provide support to public safety employees who have been in or exposed to an
17emotionally traumatic experience in the course of employment.
18 (3)    The content of any peer support communication shall remain confidential and shall
19not be disclosed to any individual who was not party to the peer support counseling
20session or peer support communication, except when the peer support
21communication contains:
22(a)    An explicit threat of suicide by a participant in which the participant shares an
23intent to die by suicide, a plan to carry out a suicide attempt, or discloses the
24means by which the participant intends to carry out a suicide attempt. This
25paragraph shall not apply to any peer support communication where the
26participant solely shares that the participant is experiencing suicidal thoughts;
27(b)    An explicit threat by a participant of imminent and serious physical and
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1bodily harm or death to a clearly identified or reasonably identifiable victim;
2(c)    Information related to the abuse or neglect of a child or an older adult or
3vulnerable individual that is required by law to be reported;
4(d)    An admission of criminal conduct; or
5(e)    Information which is required by law to be disclosed.
6 (4)    A peer support participant shall hold a privilege from disclosure of any peer support
7communication in any disciplinary proceeding or any civil or criminal proceeding
8unless it contains information exempted under subsection (3)(b), (c), (d), or (e) of
9this section. Under this privilege, the peer support communication shall be subject
10to the same protections as any counselor-client privilege provided under the
11Kentucky Rules of Evidence in any criminal or civil proceeding.
12 (5)    [Nothing in subsection (3) or (4) of ]This section shall not[be interpreted or
13construed to] prohibit:
14(a)    The use of or sharing by the public agency of anonymous data for research,
15statistical analysis, or educational purposes;
16(b)    The disclosure of an observation by an employee of the public agency of a
17peer support participant outside of a peer support counseling session and not
18contained in peer support communication; or
19(c)    The disclosure of knowledge of a law enforcement officer of the public
20agency about a peer support participant not gained from peer support
21communication.
22Section 3. KRS 237.115 is amended to read as follows:
23 (1)    Except as provided in KRS 527.020, the provisions of[nothing contained in] KRS
24237.109 and[or] 237.110 shall not be construed to limit, restrict, or prohibit in any
25manner the right of a college, university, or any postsecondary education facility,
26including technical schools and community colleges, to control the possession of
27deadly weapons on any property owned or controlled by them or the right of a unit
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1of state, city, county, urban-county, or charter county government to prohibit the
2carrying of concealed deadly weapons in that portion of a building actually owned,
3leased, or occupied by that unit of government.
4 (2)    (a)    Except as provided in KRS 527.020, the legislative body of a state, city,
5county, or urban-county government may, by statute, administrative
6regulation, or ordinance, prohibit or limit the carrying of concealed deadly
7weapons in that portion of a building owned, leased, or controlled by that unit
8of government. That portion of a building in which the carrying of concealed
9deadly weapons is prohibited or limited shall be clearly identified by signs
10posted at the entrance to the restricted area.
11(b)    The statute or ordinance shall exempt any building used for public housing by
12private persons, highway rest areas, firing ranges, and private dwellings
13owned, leased, or controlled by that unit of government from any restriction
14on the carrying or possession of deadly weapons. The statute, administrative
15regulation, or ordinance shall not specify any criminal penalty for its violation
16but may specify that persons violating the statute or ordinance may be denied
17entrance to the building, ordered to leave the building, and if employees of the
18unit of government, be subject to employee disciplinary measures for
19violation of the provisions of the statute or ordinance.[ The provisions of this
20section shall not be deemed to be a violation of KRS 65.870 if the
21requirements of this section are followed.]
22(c)    [The provisions of ]This section shall not apply to any other unit of
23government.
24 (3)    Unless otherwise specifically provided by the Kentucky Revised Statutes or
25applicable federal law, no criminal penalty shall attach to carrying a concealed
26firearm or other deadly weapon at any location at which an unconcealed firearm or
27other deadly weapon may be constitutionally carried.
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