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Founder, Administrator
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Kentucky
From Kentucky:
502 KAR 13:010. Certification under the Law Enforcement Officers Safety Act of 2004 ("LEOSA"), 18 U.S.C. 926C, for honorably-retired Kentucky elected or appointed peace officers.
Quote:
502 KAR 13:010. Certification under the Law Enforcement Officers Safety Act of 2004 ("LEOSA"), 18 U.S.C. 926C, for honorably-retired Kentucky elected or appointed peace officers.
RELATES TO: KRS 237.110, 237.138, 237.140, 237.142, 18 U.S.C. 926C
STATUTORY AUTHORITY: KRS 237.140
NECESSITY, FUNCTION, AND CONFORMITY: KRS 237.140 provides for the certification of honorably retired Kentucky elected or appointed peace officers to carry a concealed deadly weapon pursuant to 18 U.S.C. 926C and requires the Kentucky State Police to promulgate administrative regulations to implement the certification provisions. This administrative regulation establishes the requirement and procedures for certification.
Section 1. Definitions. (1) "Applicant" means an honorably retired peace office who has applied to the Kentucky State Police to be certified to carry a concealed deadly weapon pursuant to 18 U.S.C. 926C.
(2) "Honorably retired" means a Kentucky elected or appointed peace officer who:
(a) Retired in good standing from service with a public agency as a law enforcement officer, other than for reasons of mental instability;
(b) Before retirement, was authorized by law to engage in or supervise as the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and had statutory powers of arrest;
(c)1. Before retirement, was regularly employed as a law enforcement officer for an aggregate of fifteen (15) years or more; or
2. Retired from service with an agency, after completing any applicable probationary period of service, due to a service-connected disability, as determined by the agency;
(d) Has a nonforfeitable right to benefits under the retirement plan of the agency;
(e) During the most recent twelve (12) month period, has met, at the expense of the retired peace office, Kentucky's standards for training and qualifications for active law enforcement officers to carry firearms, as set out in KRS 15.383;
(f) Is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and
(g) Is not prohibited by Federal law from receiving a firearm.
(3) "Peace Officer" is defined by KRS 446.010(24) and KRS 61.365.
Section 2. Application. An applicant shall apply to the Kentucky State Police to be certified to carry a concealed deadly weapon pursuant to 18 U.S.C. 926C by completing the "Commonwealth of Kentucky: Carry Concealed Deadly Weapons – LEOSA Application for License" and submitting it to the Kentucky State Police through the Sheriff’s Department of the county in which the applicant resides. A fee shall not be required for the application.
Section 3. Accompanying Documents. The following documents shall accompany an application:
(1) Peace Officer Range Qualification Certification - LEOSA (KSP Form Number 123);
(2) Certification of Law Enforcement Retirement - LEOSA (KSP Form Number 124); and
(3) A notarized statement that the applicant is not prohibited by state or federal law from possessing a firearm, as required by KRS 237.140(2)(c).
Section 4. Perform Live-firing Exercises. An applicant shall annually qualify for certification by performing a live-firing exercise in which the applicant is required to:
(1) From a safe position;
(2) Perform without receiving any assistance in holding, aiming, or firing from the instructor or any other person; and
(3) Meet the marksmanship qualification requirement for a retired peace officer as specified in KRS 237.140(4)(a).
Section 5. Supervision of Live-firing Exercise. The live-firing exercise shall be supervised as required by KRS 237.140(4)(b).
Section 6. Live-Firing Exercise Procedures and Grading. (1) If the live-firing exercise is conducted at a facility or range that requires a training instructor or range officer to clear or directly supervise and assist in the clearing of all firearm jams or malfunctions, the clearing of a firearm jam or malfunction by a certified firearms instructor or facility range officer in accordance with that policy shall not constitute prohibited assistance to an applicant for the purposes of Section 4(2).
(2) An applicant shall provide a safe, functional handgun and factory-loaded ammunition.
(3) Prior to conducting range firing, the firearms instructor shall:
(a) Inspect each applicant’s firearm; and
(b) Not allow the firing of a handgun that the instructor has reason to believe is not in sound mechanical condition or otherwise may pose a safety hazard.
(4) A passing grade shall not be given on range work to an applicant who:
(a) Does not follow the orders of the firearms instructor;
(b) In the judgment of the firearm instructor, handles a firearm in a manner that poses a danger to the applicant or to others; or
(c) Fails to hit the silhouette portion of a target with a majority of the twenty (20) rounds without assistance in holding, aiming, or firing the firearm from the instructor or another person.
(5) If the applicant successfully completes the live-firing exercise, within five (5) working days after the completion of the live-firing exercise, the firearms instructor shall mail or deliver the completed "Peace Officer Range Qualification Certification - LEOSA" (KSP Form Number 123) showing the applicant’s successful completion of the live-firing exercise to the Kentucky State Police, Criminal Identification & Records Branch, CCDW Section, 1250 Louisville Road, Frankfort, Kentucky 40601.
Section 7. Issuance and Expiration of License. Upon receipt of the documentation required by Sections 3 and 6 of this administrative regulation, the Kentucky State Police shall issue a license confirming that the applicant is licensed to carry a concealed deadly weapon pursuant to 18 U.S.C. 926C. A license shall expire on the date listed on the identification card described in Section 8 of this administrative regulation. Any license holder wishing to renew their license shall apply and be approved in the manner described in this administrative regulation for first time applicants.
Section 8. Identification. If an applicant successfully meets the criteria established by this administrative regulation to carry a concealed deadly weapon, the Kentucky State Police shall provide photographic identification confirming that the applicant is licensed to carry a concealed deadly weapon pursuant to 18 U.S.C. 926C.
(1) The front of the photographic identification card shall include the following information:
(a) Name of license holder;
(b) Address of license holder;
(c) Date of Birth of license holder;
(d) Law enforcement agency license holder retired from;
(e) Expiration date of license; and
(f) LEOSA license identification card number.
(2) The back of the photographic identification card shall include the following statement: The Commonwealth of Kentucky hereby certifies that the license holder identified on the front of this card is a qualified retired law enforcement officer as defined in the Law Enforcement Officers Safety Act of 2004 (Pub.L. 108-277) and has, within one (1) year prior to the expiration date shown on the front of this card, been tested or otherwise found by the Commonwealth of Kentucky to meet the standards established by the commonwealth for training and qualification for active law enforcement officers to carry a firearm of the same type as the concealed firearm.
Section 9. Incorporation by Reference. (1) The following material is incorporated by reference:
(a) "Commonwealth of Kentucky: Carry Concealed Deadly Weapons-LEOSA Application for License", July 2005
(b) "Peace Officer Range Qualification Certification-LEOSA (KSP Form Number 123", July 2005 and
(c) "Certification of Law Enforcement Retirement LEOSA (KSP Form 124)", July 2005
(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Criminal Identification & Records Branch, Kentucky State Police, 1250 Louisville, Road, Frankfort, Kentucky 40601. Monday through Friday 8 a.m. to 4:30 p.m. The phone number for the Criminal Identification & Records Branch is (502) 227-8700. (32 Ky.R. 437; 623; eff. 11-4-05.)
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Opinions expressed in this forum are those of the author and do not represent the opinions of the Federal Bureau of Prisons or the Department of Justice. These are merely the author's views as a citizen.
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07-23-2007, 01:30 AM
