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KRS 237.106

Right of employees and other persons to possess firearms in vehicle -- Employer liable for denying right -- Exceptions

Applied in 5 court decisions — leading case Mitchell v. University of Kentucky (2012)

Most recently applied in Marshall v. Montaplast of N. Am., Inc. (June 2019)

Effective: July 12, 2006 History: Created 2006 Ky

How often courts cite this section

2012201910
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) No person, including but not limited to an employer, who is the owner, lessee, or occupant of real property shall prohibit any person who is legally entitled to possess a firearm from possessing a firearm, part of a firearm, ammunition, or ammunition component in a vehicle on the property.

(2) A person, including but not limited to an employer, who owns, leases, or otherwise occupies real property may prevent a person who is prohibited by state or federal law from possessing a firearm or ammunition from possessing a firearm or ammunition on the property.

(3) A firearm may be removed from the vehicle or handled in the case of self-defense, defense of another, defense of property, or as authorized by the owner, lessee, or occupant of the property.

(4) An employer that fires, disciplines, demotes, or otherwise punishes an employee who is lawfully exercising a right guaranteed by this section and who is engaging in conduct in compliance with this statute shall be liable in civil damages. An employee may seek and the court shall grant an injunction against an employer who is violating the provisions of this section when it is found that the employee is in compliance with the provisions of this section.

(5) The provisions of this section shall not apply to any real property:

(a) Owned, leased, or occupied by the United States government, upon which the possession or carrying of firearms is prohibited or controlled;

(b) Of a detention facility as defined in KRS 520.010; or (c) Where a section of the Kentucky Revised Statutes specifically prohibits possession or carrying of firearms on the property.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.