In response to the revelation of corruption, the Department of Criminal Justice Training (DOCJT) issued a set of emergency administrative regulations to CCW instructors. They included:

1.  All instructors must notify DOCJT, in writing, 30 days before each CCDW class they teach. Notification must include time, date and place of the class along with a class roster.

2.  All Justice Cabinet instructor training shall now be provided directly by DOCJT, including re-certification training.

3.  Instructors who have not taught a class in the three years they are certified will not be eligible for re-certification. They may choose to repeat the entire instructor course again through DOCJT.

4.  If an individual has violated instructor requirements OR becomes ineligible to hold a CCDW license, then the instructor certificate will be revoked.

The first two of these emergency regulations were extremely objectionable to both the instructors and the instructor trainers. Instructors complained that there was no practical way to have a complete class roster 30 days prior to a class. Instructor trainers felt they were being penalized by the de facto cancellation of their trainer certification. The “emergency regulations” seemed reactionary and punitive and did nothing to prevent this sort of abuse of the CCW certification process from happening again.

The “emergency regulations” amounted to an administrative re-write of the concealed carry law and was poorly received in the statehouse. The legislature responded with HB97 which, among other things, provides penalties for fraudulent certification of applicants for CCW permits. Reading the language of HB97, it becomes clear that another thrust of the law is to send a message to DOCJT that it is the legislature’s prerogative to make the laws, not administrative agencies.

1.  No person or organization, public or private shall prohibit a person licensed to carry a concealed deadly weapon from possessing a firearm, ammunition, or both, or other deadly weapon in his or her vehicle in compliance with the provisions of KRS 237.110 and 237.115.

2.  A Commonwealth’s attorney, assistant Commonwealth’s attorney, county attorney or assistant county attorney, a justice or judge of the Court of Justice, and a retired or senior status justice or judge of the Court of Justice may carry a firearm or other concealed deadly weapon on or about their persons at all times and at all locations within the Commonwealth of Kentucky, without limitation. Also, elected sheriffs and deputies may also carry concealed without limitation when authorized to do so by their employing unit of government. Jailers and Department of Corrections employees may carry without restriction when authorized by their employing unit of government but must complete the DOCJT concealed carry training.

3.  HB97 strikes the language which allowed for other types of firearms training courses to count for certification for the CCW permit. However, certified peace officers, both active and retired, shall be considered as having completed the training.

4.  Emergency regulation 1 which required 30-day notice and a class roster was amended to 14 days notice to DOCJT and no class roster is required prior to the class. Following the class, the instructor must supply a complete roster of everyone taking the course regardless of whether they passed or failed.

5.  Emergency regulation 2 which essentially de-certified instructor trainers was nullified.

6.  Fraudulent certification of applicants without providing the actual training or providing incomplete training is now a Class D Felony.

7.  Failure to report non-receipt of training by an applicant is now a Class A Misdemeanor.
 

HB97 is a mixed bag of rules that seeks to address a wide range of disparate concerns and it contains both successes and failures. While we applaud the law’s authorization of unlimited concealed carry for judges, prosecutors, jailers and sheriffs, we adamantly object to the implicit elitism which holds that some classes of people are entitled by their jobs to greater exercise of armed self defense than others.