CCDW License Qualifications

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The applicant for a carry concealed deadly weapon (CCDW) license must:

• Be at least 21 years of age.
• Meet one of the following residence requirements:
• Is a citizen of the United States who is a resident of this Commonwealth;
• Is a citizen of the United States who is a member of the Armed Forces of the United States who is on active duty, who is at the time of application assigned to a military posting in Kentucky;
• Is lawfully admitted to the United States by the United States government or an agency thereof, is permitted by federal law to purchase a firearm; or
• Is lawfully admitted to the United States by the United States government or an agency thereof, is permitted by federal law to purchase a firearm, is, at the time of the application, assigned to a military posting in Kentucky, and has been assigned to a posting in the Commonwealth;
• Not be under indictment for, or have been convicted of, a crime punishable by imprisonment for a term exceeding one year; and
• Not be a fugitive from justice; and
• Not be an unlawful user of or addicted to any controlled substance; and
• Not have been adjudicated as a mental defective or have committed to a mental institution; and
• Not have been discharged from the Armed Forces under dishonorable conditions; and
• Not be subject to a domestic violence order or emergency protective order; and
• Not have been convicted of a misdemeanor crime of domestic violence (see section below for discussion of misdemeanor crimes of domestic violence); and
• Not be prohibited from the purchase, receipt or possession of firearms, ammunition or both pursuant to 18 U.S.C. 922(g), 18 U.S.C. 922(n), or applicable state law; and
• Not have been committed to a state or federal facility for abuse of a controlled substance or convicted of a misdemeanor relating to a controlled substance within the three-year period immediately preceding the date the application was submitted; and
• Not have two or more convictions for violating KRS 189A.010 (Operating motor vehicle under the influence of alcohol or other substance which impairs driving ability) within the three (3) years immediately preceding the date on which the application is submitted; and
• Not have been committed as an alcoholic pursuant to KRS Chapter 222 or similar laws of another state within the three (3) year period immediately preceding the date on which the application is submitted; and
• Not owe a child support arrearage which equals or exceeds the cumulative amount which would be owed after one (1) year of nonpayment, if the Department of Kentucky State Police has been notified of the arrearage by the Cabinet for Health and Family Services; and
• Have complied with any subpoena or warrant relating to child support or paternity proceedings. If the Department of Kentucky State Police has not been notified by the Cabinet for Health and Family Services that the applicant has failed to meet this requirement, the Department of Kentucky State Police shall assume that paternity and child support proceedings are not an issue; and
• Have not been convicted of a violation of KRS 508.030 (Assault in the fourth degree) or 508.080 (Terroristic Threatening in the third degree) within the three years immediately preceding the date on which the application is submitted; and
• Demonstrate competence with a firearm by successful completion of a firearms safety or training course offered or approved by the Department of Criminal Justice Training.

NOTE - ONLY SOME OF THE OFFENSES LISTED ABOVE HAVE A THREE-YEAR LIMITATION. OTHER OFFENSES, SUCH AS FELONIES AND MISDEMEANOR CRIMES OF DOMESTIC VIOLENCE, DO NOT HAVE A TIME LIMIT. IN OTHER WORDS, IF YOU HAVE BEEN CONVICTED OF A FELONY OR MISDEMEANOR CRIME OF DOMESTIC VIOLENCE, YOU ARE INELIGIBLE FOR A CCDW LICENSE AND ARE PROHIBITED FROM POSSESSING A FIREARM UNDER FEDERAL LAW, NO MATTER HOW LONG AGO YOU WERE CONVICTED.

Felony Convictions

If you have been convicted of a crime punishable by imprisonment for a term exceeding one year, i.e., a felony, you are not only ineligible to possess a CCDW license; federal law prohibits you from possessing a firearm. Individuals subject to this disability should immediately lawfully dispose of their firearms and ammunition. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) recommends that individuals who have been convicted of a felony surrender their firearms and ammunition to a third party, such as their attorney, local police agency, or a federal firearms dealer. The continued possession of firearms or ammunition by persons under this disability is a violation of federal law and may subject the possessor to criminal penalties as well as seizure and forfeiture of the firearms and ammunition.

Diversion

Those on pretrial diversion for disqualifying offenses are not eligible for a CCDW license.

Misdemeanor Crimes of Domestic Violence (MCDV)

It is illegal under federal law for any person convicted of a "misdemeanor crime of domestic violence" to ship, transport, possess, or receive firearms or ammunition (18 U.S.C. 922). A "misdemeanor crime of domestic violence" is defined in 18 U.S.C. 921(33) as an offense that:

1. Is a misdemeanor under federal or state law; and
2. Has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim.

The following misdemeanors under Kentucky law are deemed to be possible misdemeanor crimes of domestic violence. If you have been convicted of any of the following offenses, your application must be reviewed to determine whether your offense involved domestic violence:

• KRS 508.030 Assault in the fourth degree (note that this is a three year state disqualifier even if domestic violence was not involved).
• KRS 508.040 Assault under Extreme Emotional Disturbance
• KRS 508.120 Criminal Abuse in the third degree
• KRS 509.030 Unlawful Imprisonment in the second degree
• KRS 510.120 Sexual Abuse in second degree
• KRS 510.130 Sexual Abuse in third degree
• KRS 510.140 Sexual Misconduct
• KRS 525.060 Disorderly Conduct
• KRS 525.070 Harassment

NOTE - there is no three-year limitation as with state disqualifiers. If you have been convicted of any of the above offenses, a domestic violence determination must be made regardless of how long ago you were convicted. A domestic violence determination must also be made if you were convicted of similar misdemeanors in federal court or another state or territory. You are not disqualified, even if domestic violence was involved, if your conviction was expunged, set aside or pardoned. If your conviction is determined to be a misdemeanor crime of domestic violence, you are not only ineligible to possess a CCDW license; federal law prohibits you from possessing a firearm. Individuals subject to this disability should immediately lawfully dispose of their firearms and ammunition. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) recommends that individuals who have been convicted of a misdemeanor crime of domestic violence surrender their firearms and ammunition to a third party, such as their attorney, local police agency, or a federal firearms dealer. The continued possession of firearms or ammunition by persons under this disability is a violation of federal law and may subject the possessor to criminal penalties as well as seizure and forfeiture of the firearms and ammunition.