UNOFFICIAL COPY 24 RS BR 1298
Page 1 of 8
XXXX 1/29/2024 12:28 PM Jacketed
AN ACT relating to firearms. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 16.220 is amended to read as follows: 3
(1) (a) Subject to the duty to return confiscated firearms to innocent owners pursuant 4
to KRS 500.090, all firearms confiscated by the Department of Kentucky 5
State Police and not retained for official use pursuant to KRS 500.090 6
may[shall] be destroyed or sold at public auction to federally licensed 7
firearms dealers holding a license appropriate for the type of firearm sold, but 8
if the firearm was used in the commission of an offense that would classify 9
a person as a violent offender under KRS 439.3401, then the firearm shall 10
be destroyed. 11
(b) Any provision of KRS Chapter 45 or 45A relating to disposition of property 12
to the contrary notwithstanding, the Department of Kentucky State Police 13
shall: 14
1.[(a)] Conduct any auction specified by this section; 15
2.[(b)] Retain for departmental use twenty percent (20%) of the gross 16
proceeds from any auction specified by this section; and 17
3.[(c)] Transfer remaining proceeds of the sale to the account of the 18
Kentucky Office of Homeland Security for use as provided in subsection 19
(4) of this section. 20
(2) Prior to the destruction or sale of any firearm, the Department of Kentucky State 21
Police shall make an attempt to determine if the firearm to be destroyed or sold has 22
been stolen or otherwise unlawfully obtained from an innocent owner and return the 23
firearm to its lawful innocent owner, unless that person is ineligible to purchase a 24
firearm under federal law. 25
(3) The Department of Kentucky State Police shall receive firearms and ammunition 26
confiscated by or abandoned to every law enforcement agency in Kentucky. The 27 UNOFFICIAL COPY 24 RS BR 1298
Page 2 of 8
XXXX 1/29/2024 12:28 PM Jacketed
department shall dispose of the firearms received in the manner specified in 1
subsection (1) of this section. However, firearms that[which] are not retained for 2
official use, returned to an innocent lawful owner, destroyed, or transferred to 3
another government agency or public museum shall be sold as provided in 4
subsections (1) and (4)[(3)] of this section. 5
(4) (a) The proceeds of firearms sales shall be utilized by the Kentucky Office of 6
Homeland Security to provide grants to city, county, charter county, unified 7
local government, urban-county government, and consolidated local 8
government police departments; university safety and security departments 9
organized pursuant to KRS 164.950; school districts that employ special law 10
enforcement officers as defined in KRS 61.900; and sheriff's departments for 11
the purchase of: 12
1.[(a)] Body armor for sworn peace officers of those departments and 13
service animals, as defined in KRS 525.010, of those departments; 14
2.[(b)] Firearms or ammunition; 15
3.[(c)] Electronic control devices, electronic control weapons, or electro-16
muscular disruption technology; and 17
4.[(d)] Body-worn cameras. 18
(b) In awarding grants under this section, the Kentucky Office of Homeland 19
Security shall give first priority to providing and replacing body armor and 20
second priority to providing firearms and ammunition, with residual funds 21
available for the purchase of body-worn cameras, electronic control devices, 22
electronic control weapons, or electro-muscular disruption technology. Body 23
armor purchased by the department receiving grant funds shall meet or exceed 24
the standards issued by the National Institute of Justice for body armor. No 25
police or sheriff's department shall apply for a grant to replace existing body 26
armor unless that body armor has been in actual use for a period of five (5) 27 UNOFFICIAL COPY 24 RS BR 1298
Page 3 of 8
XXXX 1/29/2024 12:28 PM Jacketed
years or longer. Any department applying for grant funds for body-worn 1
cameras shall develop a policy for their use and shall submit that policy with 2
its application for the grant funds to the Office of Homeland Security as part 3
of the application process. 4
(5) The Department of Kentucky State Police may transfer a machine gun, short-5
barreled shotgun, short-barreled rifle, silencer, pistol with a shoulder stock, any 6
other weapon, or destructive device as defined by the National Firearms Act, 26 7
U.S.C. sec. 5801 et seq., which is subject to registration under the National 8
Firearms Act and is not properly registered in the national firearms transfer records 9
for those types of weapons, to the Bureau of Alcohol, Tobacco,[ and] Firearms and 10
Explosives of the United States Department of Justice, after a reasonable attempt 11
has been made to transfer the firearm to an eligible state or local law enforcement 12
agency or to an eligible museum and no eligible recipient will take the firearm or 13
weapon. National Firearms Act firearms and weapons which are properly registered 14
and not returned to an innocent lawful owner, destroyed, or retained for official use 15
as provided in this section shall be sold to properly licensed dealers under 16
subsection (3) of this section. 17
Section 2. KRS 500.090 is amended to read as follows: 18
(1) Except as provided in KRS 500.092, all property which is subject to forfeiture 19
under any section of the Kentucky Penal Code shall be disposed of in accordance 20
with this section. 21
(a) Property other than firearms which is forfeited under any section of this code 22
may, upon order of the trial court, be destroyed by the sheriff of the county in 23
which the conviction was obtained. 24
(b) Property other than firearms which is forfeited under any section of this code 25
may, upon order of the trial court, be sold at public auction. The expenses of 26
keeping and selling such property and the amount of all valid recorded liens 27 UNOFFICIAL COPY 24 RS BR 1298
Page 4 of 8
XXXX 1/29/2024 12:28 PM Jacketed
that are established by intervention as being bona fide shall be paid out of the 1
proceeds of the sale. The balance shall be paid to: 2
1. The state, if the property was seized by an agency of the state or peace 3
officer thereof; 4
2. The county, if the property was seized by the sheriff or an agency or 5
peace officer of the county; 6
3. The Department of Fish and Wildlife Resources, if the property was 7
seized by a peace officer of the Department of Fish and Wildlife or was 8
seized by any other officer for violation of KRS Chapter 150; 9
4. The city, if the property was seized by the city or by an agency or peace 10
officer thereof and the property was delivered to the city property clerk; 11
5. The city (ninety percent (90%) of the proceeds) and the sheriff (ten 12
percent (10%) of the proceeds), if the property was seized by the city or 13
by an agency or peace officer thereof and the property was delivered to 14
the sheriff or the county police; or 15
6. The state, if the property was seized by any combination of agencies 16
listed above. 17
(c) 1. Subject to the duty to return confiscated firearms and ammunition to 18
innocent owners pursuant to this section, all firearms and ammunition 19
confiscated by a state or local law enforcement agency, all firearms 20
ordered forfeited by a court, and all abandoned firearms and ammunition 21
coming into the custody of a state or local law enforcement agency and 22
not retained for official use shall be transferred to the Department of 23
Kentucky State Police for disposition as provided by KRS 16.220. 24
2. The transfer shall occur not more than ninety (90) days after the 25
abandonment of the firearm or ammunition to the law enforcement 26
agency or not more than ninety (90) days after its confiscation, unless a 27 UNOFFICIAL COPY 24 RS BR 1298
Page 5 of 8
XXXX 1/29/2024 12:28 PM Jacketed
court requires the firearm or ammunition for use as evidence, in which 1
case it shall be transferred to the Department of Kentucky State Police 2
not more than ninety (90) days following the order of forfeiture by the 3
court or after the court returns the firearm or ammunition from use as 4
evidence. 5
3. Prior to the destruction or sale of any firearm or ammunition, the law 6
enforcement agency shall make a bona fide attempt to determine if the 7
firearm or ammunition to be destroyed or sold has been stolen or 8
otherwise unlawfully obtained from an innocent owner and return the 9
firearm and ammunition to its lawful innocent owner, unless that person 10
is ineligible to purchase a firearm under federal law. 11
4. This subsection relating to auction of firearms and ammunition shall not 12
apply to firearms and ammunition auctioned by the Department of Fish 13
and Wildlife that may be sold to individual purchasers residing in 14
Kentucky who are eligible under federal law to purchase firearms and 15
ammunition of the type auctioned. 16
(d) If property which is forfeited under any section of this code is determined by 17
the trial court to be worthless, encumbered with liens in excess of its value, or 18
otherwise a burdensome asset, the court may abandon any interest in such 19
property. Property which is abandoned pursuant to this section shall be 20
returned to the lawful claimant upon payment of expenses for keeping the 21
property. 22
(e) Property which is forfeited under any section of this code may, upon order of 23
the trial court, be retained for official use in the following manner. Property 24
which has been seized by an agency of the state may be retained for official 25
state use. Property which has been seized by an agency of county, city, 26
charter county,[or] urban-county government, consolidated local 27 UNOFFICIAL COPY 24 RS BR 1298
Page 6 of 8
XXXX 1/29/2024 12:28 PM Jacketed
government, or unified local government may be retained for official use by 1
the government whose agency seized the property or for official state use. 2
Property seized by any other unit of government may be retained only for 3
official state use. The expenses for keeping and transferring such property 4
shall be paid by the unit of government by which the property is retained. 5
(2) Money which has been obtained or conferred in violation of any section of this code 6
shall, upon conviction, be forfeited for the use of the state. This subsection shall not 7
apply when, during the course of the proceeding in which the conviction is 8
obtained, the person from whom said money was unlawfully acquired is identified. 9
(3) Property forfeited under any section of this code shall be disposed of in accordance 10
with this section only after being advertised pursuant to KRS Chapter 424. This 11
subsection shall not apply to property which is designed and suitable only for 12
criminal use or to money forfeited under subsection (2) of this section. 13
(4) The trial court shall remit the forfeiture of property when the lawful claimant: 14
(a) Asserts his or her claim before disposition of the property pursuant to this 15
section; 16
(b) Establishes his or her legal interest in the property; and 17
(c) Establishes that the unlawful use of the property was without his or her 18
knowledge and consent. This subsection shall not apply to a lienholder of 19
record when the trial court elects to dispose of the property pursuant to 20
subsection (1)(b) of this section. 21
(5) For purposes of this section, "lawful claimant" means owner or lienholder of record. 22
(6) (a) Before property which has had its identity obscured in violation of KRS 23
514.120 may be sold or retained for official use as provided in this section, the 24
court shall cause a serial or other identifying number to be placed thereon, and 25
a record of the number assigned shall be placed in the court order authorizing 26
the sale or retention of the property. This number shall be assigned, whenever 27 UNOFFICIAL COPY 24 RS BR 1298
Page 7 of 8
XXXX 1/29/2024 12:28 PM Jacketed
applicable, in consultation with the Department of Kentucky State Police and 1
any other state or federal regulatory agency. 2
(b) The purchaser of the property shall be given a document stating that the 3
property had been forfeited pursuant to law and that a number, shown on the 4
document, has been assigned which shall be deemed as compliance of the 5
owner with KRS 514.120. When property is returned to an owner pursuant to 6
this section and its identity has been obscured by another person in violation 7
of KRS 514.120, the court shall provide a document to the owner relieving 8
him or her of liability for its continued possession. This document shall serve 9
as evidence of compliance with KRS 514.120 by the owner or any person to 10
whom he or she lawfully disposes of the property. 11
(c) This section shall not apply to any person after property has been sold or 12
returned in compliance with this section who violates the provisions of KRS 13
514.120 with respect to that property. 14
(7) (a) Before forfeiture of any property under this section, it shall be the duty of the 15
trial court to determine if a lawful owner or claimant to the property has been 16
identified or is identifiable. If a lawful owner or claimant has been identified 17
or is identifiable, the court shall notify the owner or claimant that the property 18
is being held and specify a reasonable period of time during which the claim 19
may be made or may, in lieu thereof, order the return of the property to the 20
lawful owner or claimant. 21
(b) If the lawful owner or claimant does not assert his or her claim to the property 22
after notification or if he or she renounces his or her claim to the property, the 23
property shall be disposed of as provided in this section. 24
(c) It shall be the duty of all peace officers and other public officers or officials 25
having knowledge of the lawful owner or claimant of property subject to 26
forfeiture to report the same to the trial court before the act of forfeiture 27 UNOFFICIAL COPY 24 RS BR 1298
Page 8 of 8
XXXX 1/29/2024 12:28 PM Jacketed
occurs. 1
Section 3. KRS 500.093 is amended to read as follows: 2
No court or law enforcement agency shall retain a firearm or ammunition for official use 3
for the purpose of avoiding transfer of the firearm or ammunition to the Department of 4
Kentucky State Police under KRS 237.090 or 500.090[,] or other statute to avoid its 5
being destroyed or sold pursuant to KRS 16.220. 6