16.220 Public auction of confiscated firearms -- Disposition of proceeds --
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/ky/16-220A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Department of Kentucky State Police treatment of transferred firearms.
(1)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:
(a)Federally licensed firearms dealers holding a license appropriate for the type
of firearm sold; or
(b)For a firearm which was used in a homicide, any person who certifies on a
form provided by the Department of Kentucky State Police prior to placing a
bid that he or she will, upon completion of the auction, leave the firearm with
the Department of Kentucky State Police for destruction. A state or local
government or agency thereof shall not purchase a firearm under this
paragraph.
(2)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;
(c)Transfer remaining proceeds of the sale to the account of the Kentucky Office
of Homeland Security for use as provided in subsection
(5)of this section;
and
(d)For any sale pursuant to subsection (1)(b) of this section, destroy the firearm.
(3)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.
(4)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
subsections
(1)and
(2)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 subsection
(1)of
this section.
(5)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; school districts that employ special law enforcement officers as defined in
KRS 61.900; airport safety and security departments established under KRS
183.880; 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;
(c)Electronic control devices, electronic control weapons, or electro-muscular
disruption technology; and
(d)Body-worn cameras.
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 body-worn cameras, 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 body armor has been in actual use
for a period of five
(5)years or longer. Any department applying for grant funds for
body-worn cameras shall develop a policy for their use and shall submit that policy
with its application for the grant funds to the Office of Homeland Security as part of
the application process.
(6)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 in
accordance with subsection
(1)of this section.