2013 Kentucky Revised Statutes CHAPTER 16 - STATE POLICE 16.220 Public auction of confiscated firearms -- Disposition of proceeds -- Department of Kentucky State Police treatment of transferred firearms.
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16.220 Public auction of confiscated firearms -- Disposition of proceeds -Department of Kentucky State Police treatment of transferred firearms.
(1)
(2)
(3)
(4)
Subject to the duty to return confiscated firearms to innocent owners pursuant
to KRS 500.090, all firearms confiscated by the Department of Kentucky State
Police and not retained for official use pursuant to KRS 500.090 shall be sold
at public auction to federally licensed firearms dealers holding a license
appropriate for the type of firearm sold. Any provision of KRS Chapter 45 or
45A relating to disposition of property to the contrary notwithstanding, the
Department of Kentucky State Police shall:
(a) Conduct any auction specified by this section;
(b) Retain for departmental use twenty percent (20%) of the gross proceeds
from any auction specified by this section; and
(c) Transfer remaining proceeds of the sale to the account of the Kentucky
Office of Homeland Security for use as provided in subsection (4) of this
section.
Prior to the sale of any firearm, the Department of Kentucky State Police shall
make an attempt to determine if the firearm to be sold has been stolen or
otherwise unlawfully obtained from an innocent owner and return the firearm to
its lawful innocent owner, unless that person is ineligible to purchase a firearm
under federal law.
The Department of Kentucky State Police shall receive firearms and
ammunition confiscated by or abandoned to every law enforcement agency in
Kentucky. The department shall dispose of the firearms received in the manner
specified in subsection (1) of this section. However, firearms which are not
retained for official use, returned to an innocent lawful owner, or transferred to
another government agency or public museum shall be sold as provided in
subsections (1) and (3) of this section.
The proceeds of firearms sales shall be utilized by the Kentucky Office of
Homeland Security to provide grants to city, county, charter county, unified
local government, urban-county government, and consolidated local
government police departments; university safety and security departments
organized pursuant to KRS 164.950; and sheriff's departments for the
purchase of:
(a) Body armor for sworn peace officers of those departments and service
animals, as defined in KRS 525.010, of those departments;
(b) Firearms or ammunition; and
(c) Electronic control devices, electronic control weapons, or
electro-muscular disruption technology.
In awarding grants under this section, the Kentucky Office of Homeland
Security shall give first priority to providing and replacing body armor and
second priority to providing firearms and ammunition, with residual funds
available for the purchase of electronic control devices, electronic control
weapons, or electro-muscular disruption technology. Body armor purchased by
the department receiving grant funds shall meet or exceed the standards
issued by the National Institute of Justice for body armor. No police or sheriff's
department shall apply for a grant to replace existing body armor unless that
(5)
body armor has been in actual use for a period of five (5) years or longer.
The Department of Kentucky State Police may transfer a machine gun,
short-barreled shotgun, short-barreled rifle, silencer, pistol with a shoulder
stock, any other weapon, or destructive device as defined by the National
Firearms Act which is subject to registration under the National Firearms Act
and is not properly registered in the national firearms transfer records for those
types of weapons, to the Bureau of Alcohol, Tobacco, and Firearms of the
United States Department of Justice, after a reasonable attempt has been
made to transfer the firearm to an eligible state or local law enforcement
agency or to an eligible museum and no eligible recipient will take the firearm
or weapon. National Firearms Act firearms and weapons which are properly
registered and not returned to an innocent lawful owner or retained for official
use as provided in this section shall be sold to properly licensed dealers under
subsection (3) of this section.
Effective:July 15, 2008
History: Amended 2008 Ky. Acts ch. 96, sec. 1, effective July 15, 2008. -Amended 2007 Ky. Acts ch. 47, sec. 10, effective June 26, 2007; and ch. 85,
sec. 71, effective June 26, 2007. -- Amended 2005 Ky. Acts ch. 85, sec. 41,
effective June 20, 2005. -- Amended 2004 Ky. Acts ch. 86, sec. 2, effective July
13, 2004. -- Amended 2002 Ky. Acts ch. 281, sec. 1, effective July 15, 2002. -Amended 2000 Ky. Acts ch. 405, sec. 3, effective July 14, 2000. -- Created 1998
Ky. Acts ch. 606, sec. 124, effective July 15, 1998.
Legislative Research Commission Note (6/20/2005). In subsection (1) of this
statute, a reference to the "Department of Finance" has been changed to read
the "Department for Facilities and Support Services" to reflect the correct
structure of the Finance and Administration Cabinet, as set forth in Executive
Order 2004-723 and confirmed by the General Assembly in 2005 Ky. Acts
ch. 85. The Reviser of Statutes has changed the reference in this section
pursuant to 2005 Ky. Acts ch. 85, sec. 701
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