2013 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.
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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 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
(4)
(5)
(6)
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.
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