2012 Kentucky Revised Statutes CHAPTER 237 FIREARMS AND DESTRUCTIVE DEVICES 237.108 Persons adjudicated mentally defective and committed to mental institutions -- Identifying information to be forwarded to Department of Kentucky State Police and Federal Bureau of Investigation -- Information to be included in National Instant Criminal Background Check System database -- Petition to court for relief from prohibition against possession of firearms -- Prohibition against allowing improper use of information obtained by Kentucky State Police.
Download as PDF
237.108 Persons adjudicated mentally defective and committed to mental
institutions -- Identifying information to be forwarded to Department of
Kentucky State Police and Federal Bureau of Investigation -- Information to
be included in National Instant Criminal Background Check System database
-- Petition to court for relief from prohibition against possession of firearms -Prohibition against allowing improper use of information obtained by
Kentucky State Police.
(1)
(2)
(3)
A court that orders a commitment or makes a finding or adjudication under which a
person becomes subject to the provisions of 18 U.S.C. sec. 922(d)(4) and (g)(4)
shall order the circuit clerk to forward the person's name and nonclinical identifying
information, including the person's Social Security number and date of birth, along
with a copy of the order of commitment to the Department of Kentucky State
Police, which in turn shall forward the information to the Federal Bureau of
Investigation, its successor agency, or agency designated by the Federal Bureau of
Investigation, for inclusion in the National Instant Criminal Background Check
System database. The court shall also notify the person of the prohibitions of 18
U.S.C. sec. 922(d)(4) and (g)(4).
A person who is subject to the provisions of 18 U.S.C. sec. 922(d)(4) and (g)(4)
because of a commitment, finding, or adjudication that occurred in this state may
petition the court in which such commitment, finding, or adjudication occurred to
remove, pursuant to Section 105(a) of Pub. L. No. 110-180, the disabilities imposed
under 18 U.S.C. sec. 922(d)(4) and (g)(4). A copy of the petition for relief shall also
be served on the director of the Division of Behavioral Health and the county
attorney of the county in which the original commitment, finding, or adjudication
occurred. The director of the Division of Behavioral Health and the county attorney
may, as each deems appropriate, appear, support, object to, or present evidence
relevant to the relief sought by the petitioner. The court shall receive and consider
evidence in a closed proceeding, including evidence offered by the petitioner
concerning:
(a) The circumstances of the original commitment, finding, or adjudication;
(b) The petitioner's mental health and criminal history records, if any;
(c) The petitioner's reputation;
(d) The petitioner's date of birth and Social Security number; and
(e) Changes in the petitioner's condition or circumstances relevant to the relief
sought.
The court shall grant the petition for relief if it finds by a preponderance of the
evidence that the petitioner will not be likely to act in a manner dangerous to public
safety and that granting of the relief would not be contrary to the public interest. A
record shall be kept of the proceedings, but it shall remain confidential and be
disclosed only to a court in the event of an appeal. The petitioner may appeal a
denial of the requested relief, and review on appeal shall be de novo. A person may
file a petition for relief under this section no more than once every two (2) years.
When the court issues an order granting a petition for relief under subsection (2) of
(4)
(5)
(6)
this section, the circuit clerk shall immediately forward a copy of the order to the
Department of Kentucky State Police, which in turn shall immediately forward a
copy to the Federal Bureau of Investigation, or its successor agency, for updating of
the National Instant Criminal Background Check System database and shall remove
all information in any database over which the department exercises control relating
to the person whose relief from disability is granted and shall immediately destroy
all paper copies of the order of commitment and other documents relating to the
matter.
If a petition is granted under this section, the order, finding, or adjudication for
which relief is granted shall, pursuant to Section 105(a) of Pub. L. No. 110-180, be
deemed not to have occurred for purposes of 18 U.S.C. sec. 922(d)(4) and (g)(4).
The Department of Kentucky State Police shall not use or permit the use of the
records or information obtained or retained pursuant to this section for any purpose
not specified in this section.
The provisions of this section shall supersede any other statute to the contrary for
the purposes set forth in this section but otherwise shall be held and construed as
ancillary and supplemental to any other statute.
Effective: June 8, 2011
History: Created 2011 Ky. Acts ch. 60, sec. 1, effective June 8, 2011.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.