Disclaimer

  1. These are excerpts taken from State Statutes and other sources. Information herein should not be assumed accurate, and if you find yourself needing accurate information about law, you are hereby advised to consult a lawyer. Information herein should be used for informational, and not legal, purposes only.
  2. Any Device listed below as “legal to carry” only applies if carried with legal intent (that is for self defense).  Most often states that allow citizens to carry weapons and devices for self defense have increased penalties for using them in commission of a crime.

Kentucky’s Expanded Self Defense Law

You can use deadly force, with no duty to retreat, when you believe such force is necessary to protect yourself from death, serious physical injury, kidnapping, sexual intercourse compelled by force or threat, or felony involving threat. You can use deadly force at your home or inside your vehicle when someone unlawfully enters it, or anywhere else you legally have the right to be.

Duty to Retreat: No

Where the Law Applies: Your home, workplace, vehicle and anywhere else you legally have a right to be.

Kentucky’s Allowance of Self Defense Devices

  • Pepper Spray – Yes
  • Stun Guns and Tasers – Yes
  • Batons – Yes
  • Nunchucks – Restricted
  • Brass Nuckles – Restricted
  • Sling Shots – Restricted
  • Knives (All types) – Restricted
  • Throwing Stars and Knives – Restricted
  • Blowguns – Yes
  • Swords – Unknown
  • Cane Swords – Unknown

Kentucky’s Concealed Carry Law

Kansas is a Shall Carry Sate: A Shall-Issue jurisdiction is one that requires a permit to carry a concealed handgun, but where the granting of such permits is subject only to meeting certain criteria laid out in the law; the granting authority has no discretion in the awarding of the permits. Such laws typically state that a granting authority shall issue a permit if the criteria are met, as opposed to laws in which the authority may issue a permit at their discretion.

Other Information

How Hard Can You Hit?

  • 503.120 Justification — General provisions.
    (1) When the defendant believes that the use of force upon or toward the person of another is necessary for any of the purposes for which such belief would establish a justification under KRS 503.050 to 503.110 but the defendant is wanton or reckless in believing the use of any force, or the degree of force used, to be necessary or in acquiring or failing to acquire any knowledge or belief which is material to the justifiability of his use of force, the justification afforded by those sections is unavailable in a prosecution for an offense for which wantonness or recklessness, as the case may be, suffices to establish culpability.
    (2) When the defendant is justified under KRS 503.050 to 503.110 in using force upon or toward the person of another, but he wantonly or recklessly injures or creates a risk of injury to innocent persons, the justification afforded by those sections is unavailable in a prosecution for an offense involving wantonness or recklessness toward innocent persons.
  • 503.030 Choice of evils.
    (1) Unless inconsistent with the ensuing sections of this code defining justifiable use of physical force or with some other provisions of law, conduct which would otherwise constitute an offense is justifiable when the defendant believes it to be necessary to avoid an imminent public or private injury greater than the injury which is sought to be prevented by the statute defining the offense charged, except that no justification can exist under this section for an intentional homicide.
    (2) When the defendant believes that conduct which would otherwise constitute an offense is necessary for the purpose described in subsection (1), but is wanton or reckless in having such belief, or when the defendant is wanton or reckless in bringing about a situation requiring the conduct described in subsection (1), the justification afforded by this section is unavailable in a prosecution for any offense for which wantonness or recklessness, as the case may be, suffices to establish culpability.
  • 503.050 Use of physical force in self-protection — Admissibility of evidence of prior acts of domestic violence and abuse.
    (1) The use of physical force by a defendant upon another person is justifiable when the defendant believes that such force is necessary to protect himself against the use or imminent use of unlawful physical force by the other person.
    (2) The use of deadly physical force by a defendant upon another person is justifiable under subsection (1) only when the defendant believes that such force is necessary to protect himself against death, serious physical injury, kidnapping, or sexual intercourse compelled by force or threat.
    (3) Any evidence presented by the defendant to establish the existence of a prior act or acts of domestic violence and abuse as defined in KRS 403.720 by the person against whom the defendant is charged with employing physical force shall be admissible under this section.
  • 503.060 Improper use of physical force in self-protection.
    Notwithstanding the provisions of KRS 503.050, the use of physical force by a defendant upon another person is not justifiable when:
    (1) The defendant is resisting an arrest by a peace officer, recognized to be acting under color of official authority and using no more force than reasonably necessary to effect the arrest, although the arrest is unlawful; or
    (2) The defendant, with the intention of causing death or serious physical injury to the other person, provokes the use of physical force by such other person; or
    (3) The defendant was the initial aggressor, except that his use of physical force upon the other person under this circumstance is justifiable when:
    (a) His initial physical force was nondeadly and the force returned by the other is such that he believes himself to be in imminent danger of death or serious physical injury; or
    (b) He withdraws from the encounter and effectively communicates to the other person his intent to do so and the latter nevertheless continues or threatens the use of unlawful physical force.
  • 503.070 Protection of another.
    (1) The use of physical force by a defendant upon another person is justifiable when:
    (a) The defendant believes that such force is necessary to protect a third person against the use or imminent use of unlawful physical force by the other person; and
    (b) Under the circumstances as the defendant believes them to be, the person whom he seeks to protect would himself have been justified under KRS
    503.050 and 503.060 in using such protection.
    (2) The use of deadly physical force by a defendant upon another person is justifiable when:
    (a) The defendant believes that such force is necessary to protect a third person against imminent death, serious physical injury, kidnapping or sexual intercourse compelled by force or threat; and
    (b) Under the circumstances as they actually exist, the person whom he seeks to protect would himself have been justified under KRS 503.050 and 503.060 in using such protection.
  • 503.080 Protection of property.
    (1) The use of physical force by a defendant upon another person is justifiable when the defendant believes that such force is immediately necessary to prevent:
    (a) The commission of criminal trespass or burglary in a dwelling, building or upon real property in his possession or in the possession of another person for whose protection he acts; or
    (b) Theft, criminal mischief, or any trespassory taking of tangible, movable property in his possession or in the possession of another person for whose protection he acts.
    (2) The use of deadly physical force by a defendant upon another person is justifiable under subsection (1) only when the defendant believes that the person against whom such force is used is:
    (a) Attempting to dispossess him of his dwelling otherwise than under a claim of right to its possession; or
    (b) Committing or attempting to commit a burglary of such dwelling; or
    (c) Committing or attempting to commit arson of a dwelling or other building in his possession.
  • 503.090 Use of physical force in law enforcement.
    (1) The use of physical force by a defendant upon another person is justifiable when the defendant, acting under official authority, is making or assisting in making an arrest, and he:
    (a) Believes that such force is necessary to effect the arrest;
    (b) Makes known the purpose of the arrest or believes that it is otherwise known or cannot reasonably be made known to the person to be arrested; and
    (c) Believes the arrest to be lawful.
    (2) The use of deadly physical force by a defendant upon another person is justifiable under subsection (1) only when:
    (a) The defendant, in effecting the arrest, is authorized to act as a peace officer; and
    (b) The arrest is for a felony involving the use or threatened use of physical force likely to cause death or serious physical injury; and
    (c) The defendant believes that the person to be arrested is likely to endanger human life unless apprehended without delay.
    (3) The use of physical force, including deadly physical force, by a defendant upon another person is justifiable when the defendant is preventing the escape of an arrested person and when the force could justifiably have been used to effect the arrest under which the person is in custody, except that a guard or other person authorized to act as a peace officer is justified in using any force, including deadly force, which he believes to be necessary to prevent the escape of a person from jail, prison, or other institution for the detention of persons charged with or convicted of a crime.
  • 503.110 Use of force by person with responsibility for care, discipline, or safety of others.
    (1) The use of physical force by a defendant upon another person is justifiable when the defendant is a parent, guardian, or other person entrusted with the care and supervision of a minor or an incompetent person or when the defendant is a teacher or other person entrusted with the care and supervision of a minor, for a special purpose, and:
    (a) The defendant believes that the force used is necessary to promote the welfare of a minor or mentally disabled person or, if the defendant’s responsibility for the minor or mentally disabled person is for a special purpose, to further that special purpose or maintain reasonable discipline in a school, class, or other group; and
    (b) The force that is used is not designed to cause or known to create a substantial risk of causing death, serious physical injury, disfigurement, extreme pain, or extreme mental distress.
    (2) The use of physical force by a defendant upon another person is justifiable when the defendant is a warden or other authorized official of a correctional institution, and:
    (a) The defendant believes that the force used is necessary for the purpose of enforcing the lawful rules of the institution;
    (b) The degree of force used is not forbidden by any statute governing the administration of the institution; and
    (c) If deadly force is used, its use is otherwise justifiable under this code.
    (3) The use of physical force by a defendant upon another person is justifiable when the defendant is a person responsible for the operation of or the maintenance of order in a vehicle or other carrier of passengers and the defendant believes that such force is necessary to prevent interference with its operation or to maintain order in the vehicle or other carrier, except that deadly physical force may be used only when the defendant believes it necessary to prevent death or serious physical injury.
    (4) The use of physical force by a defendant upon another person is justifiable when the defendant is a doctor or other therapist or a person assisting him at his direction, and:
    (a) The force is used for the purpose of administering a recognized form of treatment which the defendant believes to be adapted to promoting the physical or mental health of the patient; and
    (b) The treatment is administered with the consent of the patient or, if the patient is a minor or a mentally disabled person, with the consent of the parent, guardian, or other person legally competent to consent in his behalf, or the treatment is administered in an emergency when the defendant believes that no one competent to consent can be consulted and that a reasonable person, wishing to safeguard the welfare of the patient, would consent.
  • 500.080 Definitions for Kentucky Penal Code.
    As used in the Kentucky Penal Code, unless the context otherwise requires:
    (1) “Actor” means any natural person and, where relevant, a corporation or an unincorporated association;
    (2) “Crime” means a misdemeanor or a felony;
    (3) “Dangerous instrument” means any instrument, including parts of the human body when a serious physical injury is a direct result of the use of that part of the human body, article, or substance which, under the circumstances in which it is used, attempted to be used, or threatened to be used, is readily capable of causing death or serious physical injury;
    (4) “Deadly weapon” means any of the following:
    (a) A weapon of mass destruction;
    (b) Any weapon from which a shot, readily capable of producing death or other serious physical injury, may be discharged;
    (c) Any knife other than an ordinary pocket knife or hunting knife;
    (d) Billy, nightstick, or club;
    (e) Blackjack or slapjack;
    (f) Nunchaku karate sticks;
    (g) Shuriken or death star; or
    (h) Artificial knuckles made from metal, plastic, or other similar hard material;
    (5) “Felony” means an offense for which a sentence to a term of imprisonment of at least one (1) year in the custody of the Department of Corrections may be imposed;
    (6) “Government” means the United States, any state, county, municipality, or other political unit, or any department, agency, or subdivision of any of the foregoing, or any corporation or other association carrying out the functions of government;
    (7) “He” means any natural person and, where relevant, a corporation or an unincorporated association;
    (8) “Law” includes statutes, ordinances, and properly adopted regulatory provisions. Unless the context otherwise clearly requires, “law” also includes the common law;
    (9) “Minor” means any person who has not reached the age of majority as defined in KRS 2.015;
    (10) “Misdemeanor” means an offense, other than a traffic infraction, for which a sentence to a term of imprisonment of not more than twelve (12) months can be imposed;
    (11) “Offense” means conduct for which a sentence to a term of imprisonment or to a fine is provided by any law of this state or by any law, local law, or ordinance of a political subdivision of this state or by any law, order, rule, or regulation of any governmental instrumentality authorized by law to adopt the same;
    (12) “Person” means a human being, and where appropriate, a public or private corporation, an unincorporated association, a partnership, a government, or a governmental authority;

Stalking

  • 508.140 Stalking in the first degree.
    (1) A person is guilty of stalking in the first degree,
    (a) When he intentionally:
    1. Stalks another person; and
    2. Makes an explicit or implicit threat with the intent to place that person in reasonable fear of:
    a. Sexual contact as defined in KRS 510.010;
    b. Serious physical injury; or
    c. Death; and
    (b)
    1. A protective order has been issued by the court to protect the same victim or victims and the defendant has been served with the summons or order or has been given actual notice; or
    2. A criminal complaint is currently pending with a court, law enforcement agency, or prosecutor by the same victim or victims and the defendant has been served with a summons or warrant or has been given actual notice; or
    3. The defendant has been convicted of or pled guilty within the previous five (5) years to a felony or to a Class A misdemeanor against the same victim or victims; or
    4. The act or acts were committed while the defendant had a deadly weapon on or about his person.
    (2) Stalking in the first degree is a Class D felony.
  • 508.150 Stalking in the second degree.
    (1) A person is guilty of stalking in the second degree when he intentionally:
    (a) Stalks another person; and
    (b) Makes an explicit or implicit threat with the intent to place that person in reasonable fear of:
    1. Sexual contact as defined in KRS 510.010;
    2. Physical injury; or
    3. Death.
    (2) Stalking in the second degree is a Class A misdemeanor.

Carrying concealed deadly weapon

  • 527.020 Carrying a concealed weapon is a Class A misdemeanor, unless the defendant has
    been previously convicted of a felony in which a deadly weapon was possessed,
    used, or displayed, in which case it is a Class D felony.
    “Deadly weapon” means any of the following:
    (a) A weapon of mass destruction;
    (b) Any weapon from which a shot, readily capable of producing death or other
    serious physical injury, may be discharged;
    (c) Any knife other than an ordinary pocket knife or hunting knife;
    (d) Billy, nightstick, or club;
    (e) Blackjack or slapjack;
    (f) Nunchaku karate sticks;
    (g) Shuriken or death star; or
    (h) Artificial knuckles made from metal, plastic, or other similar hard material

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