2014 Kentucky Revised Statutes
CHAPTER 237 - FIREARMS AND DESTRUCTIVE DEVICES
237.075 Chief law enforcement officer's certification for transfer or making of a firearm -- Immunity from liability -- Appeal of denial of certification request.
Download as PDF
<![CDATA[237.075 Chief law enforcement officer's certification for transfer or making of
a firearm -- Immunity from liability -- Appeal of denial of certification
request.
(1)
(2)
(3)
(4)
For purposes of this section:
(a) "Certification" means the participation and assent of the chief law
enforcement officer necessary under federal law for the approval of the
application to transfer or make a firearm;
(b) "Chief law enforcement officer" means the sheriff of the county of the
applicant's residence, notwithstanding the provisions of 27 C.F.R. secs.
479.63 and 479.85; and
(c) "Firearm" has the same meaning as provided in the National Firearms
Act, 26 U.S.C. sec. 5845(a).
(a) When a chief law enforcement officer's certification is required by federal
law or regulation for the transfer or making of a firearm, the chief law
enforcement officer shall, within fifteen (15) days of receipt of a request
for certification, provide this certification if the applicant is not prohibited
by law from receiving or possessing the firearm and is not the subject of a
proceeding that could result in the applicant being prohibited by law from
receiving or possessing the firearm. If the chief law enforcement officer is
unable to make a certification as required by this section, he or she shall
provide the applicant a written notification of the denial and the reason for
this determination.
(b) A chief law enforcement officer is not required to make any certification
under this subsection he or she knows to be untrue, but he or she may
not refuse to provide certification based on a generalized objection to
private persons or entities making, possessing, or receiving firearms or
any certain type of firearm the possession of which is not prohibited by
law.
Chief law enforcement officers and their employees who act in good faith are
immune from liability arising from any act or omission in making a certification
as required by this section.
An applicant whose request for certification is denied may appeal the chief law
enforcement officers decision to the Circuit Court that is located in the county
in which the applicant resides. The court shall review the chief law enforcement
officers decision to deny the certification de novo. If the court finds that the
applicant is not prohibited by law from receiving or possessing the firearm, is
not the subject of a proceeding that could result in such prohibition, and that no
substantial evidence supports the chief law enforcement officers
determination that he or she cannot truthfully make the certification, the court
shall order the chief law enforcement officer to issue the certification and award
court costs and reasonable attorneys fees to the applicant.
Effective:July 15, 2014
History: Created 2014 Ky. Acts ch. 120, sec. 3, effective July 15, 2014.
]]>
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.
