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237.140 Certification for retired peace officer to carry concealed deadly
weapon -- Requirements -- Firearms instruction.
(1)
(2)
(3)
(4)
(a)
Certification for a retired peace officer to carry a concealed deadly
weapon pursuant to KRS 237.138 to 237.142 shall be administered by the
Department of Kentucky State Police.
(b) Costs of certification shall be paid for by moneys generated by the
concealed deadly weapon license program under KRS 15.383 and
collected by the Department of Kentucky State Police pursuant to that
section.
(c) The Department of Kentucky State Police shall promulgate administrative
regulations in accordance with KRS Chapter 13A necessary to implement
the provisions of KRS 237.138 to 237.142.
Each retired peace officer who desires certification to carry a concealed deadly
weapon shall annually submit:
(a) Evidence of retired status to the commissioner of the Department of
Kentucky State Police together with all information required by federal
law, this section, and administrative regulations promulgated pursuant to
this section;
(b) Evidence of successful completion of firearms qualification required under
this section; and
(c) A notarized statement that he or she is not prohibited by state or federal
law from possessing a firearm.
Each law enforcement agency that employed the retired peace officer, or at
which the retired peace officer served in an elected capacity, shall provide to
the retired officer and the Department of Kentucky State Police the information
required by federal law, this section, and the administrative regulations
promulgated pursuant to this section in a prompt and efficient manner, without
charge either to the Department of Kentucky State Police or the retiree.
(a) Each retired peace officer shall annually fire twenty (20) rounds at an
adult size silhouette target at a range of twenty-one (21) feet, with a
handgun, and shall hit the target not less than eleven (11) times to obtain
or maintain certification under KRS 237.138 to 237.142.
(b) The rounds fired pursuant to paragraph (a) of this subsection shall be
done under the supervision of:
1.
A firearms instructor of the retiree's former employing agency;
2.
A currently certified peace officer who has successfully completed a
Kentucky Law Enforcement Council approved firearms instructor
course;
3.
A Department of Criminal Justice Training certified police firearms
instructor or instructor trainer; or
4.
A Department of Criminal Justice Training certified concealed carry
instructor or instructor trainer.
(c) A firearms instructor may, if not compensated pursuant to paragraph (d)
of this subsection, charge each participant a fee of not more than twenty
dollars ($20), which shall include the cost of the range, firearms instructor,
(d)
(e)
range personnel, targets, and all other costs associated therewith, but not
the cost of ammunition. Ammunition, or the cost of ammunition, shall be
provided by the retiree.
A local or state law enforcement agency that desires to conduct firearms
qualification for its retirees shall schedule not less than two (2) dates for
firearms qualification per year, and those dates shall be approximately six
(6) months apart. The local or state law enforcement agency may charge
each participant a fee of not more than twenty dollars ($20), which shall
include the cost of use of the range, firearms instructor, range personnel,
targets, and all other costs associated therewith, but not the cost of
ammunition. Ammunition, or the cost of ammunition, shall be provided by
the retiree.
No employer or appointing authority of a firearms instructor who has
successfully completed a Kentucky Law Enforcement Council approved
firearms instructor course, Department of Criminal Justice Training
certified police firearms instructor or instructor trainer, or Department of
Criminal Justice Training certified concealed carry instructor or instructor
trainer shall prohibit or in any way limit the instructor from qualifying active
or retired peace officers in conformity with KRS 237.138 or 237.142 while
that instructor is off duty. No employer or appointing authority of an
instructor specified in this paragraph shall be liable in civil damages for
the actions or omissions of the instructor during qualification of active or
retired peace officers when that instructor is off duty.
Effective:June 25, 2009
History: Amended 2009 Ky. Acts ch. 47, sec. 1, effective June 25, 2009. -Amended 2007 Ky. Acts ch. 85, sec. 270, effective June 26, 2007. -- Created
2005 Ky. Acts ch. 182, sec. 12, effective March 31, 2005.
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