Request By:
Hon. A. Jack May
Department of Justice
Bureau of Training
Stratton 354
Eastern Kentucky University
Richmond, Kentucky 40475
Opinion
Opinion By: Steven L. Beshear, Attorney General; James H. Barr, Assistant Attorney General
RE: Applicability of KRS 527.020 to carrying of concealed weapons by peace officers not employed by a law enforcement agency of Kentucky.
This is in response to your recent letter in which you ask whether peace officers, other than those employed by a law enforcement agency of Kentucky, may carry concealed weapons in this state.
Attention is directed to the language in (2) and (3) of KRS 527.020. The latter section provides:
"Policemen directly employed by state, county, city or urban-county governments may carry concealed weapons on or about their person at all times within the Commonwealth of Kentucky, when expressly authorized to do so by the government employing the officer."
Compare the more general language in (2), which in pertinent part states:
"Peace officers, when necessary for their protection in the discharge of their official duties . . . may carry concealed weapons on or about their person."
By implication it appears that (2) is intended for application to other peace officers because (3) is apparently directed to Kentucky officers. "Peace officers" are individuals who have authority to make an arrest. KRS 446.010.
Therefore, non-state officers including federal peace officers are entitled to carry concealed weapons in Kentucky if they are engaged in the discharge of their official duties and if necessary for their protection.
Of course, they may carry weapons openly because the legislature is empowered to regulate only the carrying of weapons concealed.