Byrne, 020918 KYAGO, OAG 18-3

• Case Date: February 09, 2018
• Court: Kentucky

Maurice A. Byrne, Jr. AGO OAG 18-3 No. OAG 18-003 Kentucky Attorney General Opinion Commonwealth of Kentucky Office of the Attorney General February 9, 2018          Subject: Whether a fire protection district may enact regulations requiring its regular firefighters to be certified as peace officers before performing the duties of a firefighter-peace officer, and restrict its members or employees from carrying firearms.          Requested by: Maurice A. Byrne, Jr. Counsel, Pleasure Ridge Park Fire Protection District          Written by: Matt James          Syllabus: A fire protection district may enact regulations requiring its regular firefighters to be certified as peace officers before performing the duties of a firefighter-peace officer. A fire protection district may not generally restrict all of its employees or members from carrying firearms.          Statutes construed: KRS 15.400; KRS 65.870; KRS 75.120; KRS 75.130; KRS 446.010          OAGs cited: OAG 99-10; OAG 96-39; OAG 93-71; OAG 90-145; OAG 80-240; OAG 72-339           OPINION OF THE ATTORNEY GENERAL          Maurice A. Byrne, Jr., counsel for the Pleasure Ridge Park Fire Protection District ("District"), has requested an opinion of this office regarding the authority of a fire protection district to enact regulations requiring firefighter-peace officers to be certified as peace officers before performing the duties of a firefighter-peace officer, and to regulate the carrying of firearms by its members or employees. We advise that a fire protection district may enact regulations requiring regular firefighters to be certified as peace officers before engaging in the duties of a firefighter-peace officer. A fire protection district may not generally restrict the ability of all of its employees or members to otherwise lawfully possess firearms.          The Pleasure Ridge Park Fire Protection District enacted regulations governing its firefighters on January 14, 2013. Regulation 5 requires all firefighter-peace officers to be certified as peace officers by the Department of Criminal Justice Training before performing any of...