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AN ACT relating to firearms. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 237 IS CREATED TO 3
READ AS FOLLOWS: 4
As used in Section 1 to 8 of this Act: 5
(1) "Firearm" has the same meaning as in KRS 237.060; 6
(2) "Health care provider" means a person who: 7
(a) Provides health care or professional services related to health care; and 8
(b) Is acting within the scope of the person's license or certification; 9
(3) "Law enforcement agency" has the same meaning as in KRS 61.298; 10
(4) "List" means the Voluntary Kentucky Do Not Sell List established under Section 11
2 of this Act; and 12
(5) "Proof of identification" means: 13
(a) A driver's license; 14
(b) A personal identification card issued under KRS 186.4102; or 15
(c) Any other document qualifying as proof of identification as defined in KRS 16
117.001. 17
SECTION 2. A NEW SECTION OF KRS CHAPTER 237 IS CREATED TO 18
READ AS FOLLOWS: 19
(1) Any person may voluntarily request to be placed on the list established under this 20
section and be restricted from purchasing or possessing firearms. 21
(2) By June 1, 2025, the Department of Kentucky State Police shall: 22
(a) Establish a list for a person to voluntarily provide information to the 23
Department of Kentucky State Police to be entered into the National Instant 24
Criminal Background Check System (NICS) that would restrict the person 25
from purchasing or possessing firearms; 26
(b) Develop and distribute forms for a person to be included on and removed 27 UNOFFICIAL COPY 24 RS BR 62
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from the list. The forms shall be publicly available on the Department of 1
Kentucky State Police's website and shall require the following information 2
from any person seeking inclusion on the list: 3
1. Name; 4
2. Address; 5
3. Email address, if available; 6
4. Date of birth; 7
5. Phone number; 8
6. Signature; and 9
7. Execution of the following acknowledgment prominently displayed 10
before the signature: 11
"ACKNOWLEDGMENT 12
By presenting this completed form to a law enforcement agency or the 13
Department of Kentucky State Police, I understand that I am requesting that my 14
name be placed on a list that temporarily restricts my constitutional right to 15
purchase or possess a firearm. I understand that by voluntarily making myself a 16
temporarily restricted person, I may not purchase or possess a firearm and any 17
attempt to purchase a firearm while I am on the restricted list will be declined. I 18
also understand my name will be removed from the restricted list one hundred 19
eighty (180) days after being placed on the list unless I request to be removed 20
after ninety (90) days or I request that my name remain on the list. In addition, if 21
I am in possession of a valid license to carry concealed weapons, my license will 22
be suspended during the time I am on the list, but will be reinstated upon my 23
removal, unless the license has expired, been revoked, been suspended for 24
another reason, or I become ineligible to possess a firearm. I acknowledge that if 25
I possess a firearm or attempt to purchase a firearm while on the list I may be 26
charged with and found guilty of a Class B misdemeanor that carries a potential 27 UNOFFICIAL COPY 24 RS BR 62
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penalty of a term of imprisonment not to exceed ninety (90) days, or a fine not to 1
exceed two hundred fifty dollars ($250), or both. Additionally, I acknowledge that 2
if I possess a firearm or attempt to purchase a firearm while outside of Kentucky, 3
I will be subject to the law of that jurisdiction regarding restricted persons."; and 4
(c) Develop a secure internet-based platform that allows a person to request 5
inclusion on or removal from the list. The secure internet-based platform 6
shall: 7
1. Verify the identity of any person who requests inclusion on or removal 8
from the list; 9
2. Prevent the unauthorized disclosure of a person's identity or any 10
sensitive, personal identifying information; and 11
3. Inform the person requesting inclusion on or removal from the list of 12
the legal effects of that request. 13
(3) Any person requesting inclusion on the list shall: 14
(a) Deliver the completed form, described in subsection (2)(b) of this section, in 15
person to a law enforcement agency or the Department of Kentucky State 16
Police; 17
(b) Mail the completed form, described in subsection (2)(b) of this section, to 18
the Department of Kentucky State Police along with a copy of the person's 19
proof of identification; 20
(c) Electronically request inclusion on the list through the secure internet-21
based platform developed under subsection (2)(c) of this section; or 22
(d) Direct the person's health care provider to submit the completed form to the 23
Department of Kentucky State Police as described in Section 3 of this Act. 24
(4) If the form is delivered to: 25
(a) A law enforcement agency under subsection (3)(a) of this section, the law 26
enforcement agency shall: 27 UNOFFICIAL COPY 24 RS BR 62
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1. Verify the person's identity before accepting the form; 1
2. Only accept the form from the person whose information is on the 2
form; and 3
3. Transmit the form to the Department of Kentucky State Police 4
through Criminal Justice Information Services within three (3) days; 5
or 6
(b) The Department of Kentucky State Police under subsection (3)(a) of this 7
section, the Department of Kentucky State Police shall: 8
1. Verify the person's identity before accepting the form; and 9
2. Only accept the form from the person whose information is on the 10
form. 11
(5) (a) Upon receipt of a request from a person seeking inclusion on the list under 12
this section, or from the person's health care provider under Section 3 of 13
this Act, the Department of Kentucky State Police shall add the person to 14
the list and transmit the information to NICS within two (2) business days. 15
(b) Within three business (3) days of adding a person to the list and 16
transmitting the information to NICS, the Department of Kentucky State 17
Police shall send a notice in a sealed envelope by postage prepaid certified 18
mail, return receipt requested, or by email, if available, to the person 19
confirming that he or she has been placed on the list. 20
(6) The Department of Kentucky State Police shall automatically remove a person 21
from the list one hundred eighty (180) days after the person was added to the list, 22
unless the person requests to: 23
(a) Be removed from the list after ninety (90) days; 24
(b) Remain on the list for an additional one hundred eighty (180) days; or 25
(c) Remain on the list indefinitely. 26
(7) Any person who requests to remain on the list under subsection (6)(b) or (c) of 27 UNOFFICIAL COPY 24 RS BR 62
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this section may request to be removed from the list after ninety (90) days. 1
(8) Any request to be removed or remain on the list shall be submitted in a manner 2
described under subsection (3) of this section. 3
(9) If a person restricted from purchasing or possessing a firearm under this section 4
has a license to carry a concealed deadly weapon under KRS 237.110, the 5
person's license shall be: 6
(a) Suspended upon inclusion to the list; and 7
(b) Reinstated upon removal from the list, unless: 8
1. The license has been revoked or suspended for another reason not 9
described in this section; 10
2. The license has expired; or 11
3. The person has otherwise been restricted from possessing a firearm 12
under state or federal law. 13
(10) (a) It shall be unlawful for any person on the list to purchase, attempt to 14
purchase, or possess a firearm. 15
(b) Any person who violates this subsection is guilty of a Class B misdemeanor. 16
(11) (a) It shall be unlawful for any person or entity required to perform a 17
background check prior to transferring a firearm to transfer a firearm, 18
either knowingly or due to a failure to perform the required background 19
check, to any person on the list. 20
(b) Any person who violates this subsection is guilty of a Class A misdemeanor 21
for the first offense, and a Class D felony for a second or subsequent 22
offense. 23
(12) (a) It shall be unlawful for any person to knowingly make a false statement or 24
representation regarding his or her identity in any request for inclusion on 25
or removal from the list under this section. 26
(b) Any person who violates this subsection is guilty of a Class A misdemeanor. 27 UNOFFICIAL COPY 24 RS BR 62
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SECTION 3. A NEW SECTION OF KRS CHAPTER 237 IS CREATED TO 1
READ AS FOLLOWS: 2
(1) Any person seeking inclusion on the list under Section 2 of this Act may direct 3
the person's health care provider to submit the person's request to the 4
Department of Kentucky State Police by mail or electronically through the secure 5
internet-based platform developed by the Department of Kentucky State Police 6
under Section 2 of this Act. 7
(2) In addition to the form for inclusion on the list established under Section 2 of this 8
Act, the Department of Kentucky State Police shall provide a form, available 9
through the department's website, that requires the following information from a 10
person's health care provider: 11
(a) The name of the health care provider; 12
(b) The name of the health care provider's organization; 13
(c) The health care provider's license or certification, including the license or 14
certification number; 15
(d) An acknowledgment prominently displayed before the signature of the 16
health care provider with the following language: 17
"ACKNOWLEDGMENT 18
By presenting this completed form to the Department of Kentucky State Police, I 19
understand that I am acknowledging that I have verified the identity of [name of 20
person seeking inclusion on the list] and have witnessed [name of person] sign 21
the form required under Section 2 of this Act in my presence, or confirmed in 22
person through [name of person] that the signature affixed to the form is [name 23
of person]'s signature, requesting that [name of person] be placed on the list that 24
restricts [name of person]'s right to purchase or possess firearms. I acknowledge 25
that [name of person] has requested that I present the completed form to the 26
Department of Kentucky State Police on [name of person]'s behalf. I affirm that 27 UNOFFICIAL COPY 24 RS BR 62
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[name of person] is currently my patient, and I am a licensed health care provider 1
acting within the scope of my license and certification."; and 2
(e) An acknowledgment prominently displayed before the signature of the 3
person requesting to be placed on the list with the following language: 4
"ACKNOWLEDGMENT 5
By signing this form, I acknowledge that I am requesting inclusion on the list 6
knowingly and voluntarily, and that the signature affixed to the form required 7
under Section 2 of this Act is my signature. I further acknowledge that I have 8
requested my health care provider transmit the inclusion form I have signed to 9
the Department of Kentucky State Police on my behalf." 10
SECTION 4. A NEW SECTION OF KRS CHAPTER 237 IS CREATED TO 11
READ AS FOLLOWS: 12
(1) Any person who is on the list established under Section 2 of this Act may 13
voluntarily commit his or her firearm or firearms to a law enforcement agency or 14
the Department of Kentucky State Police while the person is on the list. 15
(2) The Department of Kentucky State Police shall develop and provide a form for 16
the temporary, voluntary commitment of any firearm or firearms that shall 17
include: 18
(a) The information required under subsection (2)(b)1. to 6. of Section 2 of this 19
Act; 20
(b) A section for listing the firearm or firearms being committed by serial 21
number and make and model of each firearm; and 22
(c) Execution of the following acknowledgment prominently displayed before 23
the signature of the person: 24
"ACKNOWLEDGMENT 25
By signing this form, I acknowledge that I am knowingly and voluntarily 26
committing the firearm or firearms identified above on a temporary basis, 27 UNOFFICIAL COPY 24 RS BR 62
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acknowledge that I am waiving any and all rights to reclaim the identified 1
firearm or firearms while I am on the list established under Section 2 of this Act, 2
and certify that I am the owner of the firearm or firearms identified above. I 3
further acknowledge that I am committing the identified firearm or firearms of 4
my own free will and if I do not retrieve the firearm or firearms within one (1) 5
year they will be given to a person I authorize to receive them on my behalf." 6
(3) If a law enforcement agency or the Department of Kentucky State Police receives 7
a firearm under this section, the law enforcement agency or Department of 8
Kentucky State Police shall: 9
(a) Require the person committing his or her firearm to provide the names and 10
addresses of two (2) people who are authorized to receive the firearm in the 11
event the person committing his or her firearm does not retrieve the firearm 12
within one (1) year of commitment; 13
(b) Verify proof of identification of the person committing his or her firearm; 14
(c) Verify that the person committing his or her firearm is on the list 15
established under Section 2 of this Act; 16
(d) Hold the firearm while the person is on the list, but for no longer than one 17
(1) year; and 18
(e) Return the firearm: 19
1. To the person who committed the firearm or firearms after verifying 20
that the person is no longer on the list or prohibited from possessing a 21
firearm under state or federal law; or 22
2. To a person authorized to receive the firearm under paragraph (a) of 23
this subsection if the firearm has been held for one (1) year. 24
(4) A law enforcement agency or the Department of Kentucky State Police shall not 25
be held liable for damages that occur to any firearm or firearms committed under 26
this section, unless the damage occurs as a result of willful misconduct. 27 UNOFFICIAL COPY 24 RS BR 62
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SECTION 5. A NEW SECTION OF KRS CHAPTER 237 IS CREATED TO 1
READ AS FOLLOWS: 2
(1) Any person who owns a firearm or firearms and believes he or she is an 3
immediate threat to himself or herself or others, may voluntarily surrender that 4
firearm or firearms to a law enforcement agency or the Department of Kentucky 5
State Police for disposal in accordance with KRS 16.220. 6
(2) The Department of Kentucky State Police shall develop and provide a form for 7
the permanent, voluntary surrender of any firearm under this section that shall 8
include: 9
(a) The information required under subsection (2)(b)1. to 6. of Section 2 of this 10
Act; 11
(b) A section for listing the firearm or firearms being surrendered by serial 12
number and make and model of each firearm; and 13
(c) Execution of the following acknowledgment prominently displayed before 14
the signature of the person: 15
"ACKNOWLEDGMENT 16
By signing this form, I acknowledge that I am knowingly and voluntarily 17
surrendering the firearm or firearms identified above on a permanent basis, 18
acknowledge that I am waiving any and all rights to reclaim the identified 19
firearm or firearms at any time in the future, and certify that I am the owner of 20
the firearm or firearms identified above. I further acknowledge that I am 21
surrendering the identified firearm or firearms of my own free will and 22
understand that this surrender shall not restrict my right to purchase or possess 23
any other firearm unless otherwise prohibited by law." 24
SECTION 6. A NEW SECTION OF KRS CHAPTER 237 IS CREATED TO 25
READ AS FOLLOWS: 26
The information, forms, and records received by the Department of Kentucky State 27 UNOFFICIAL COPY 24 RS BR 62
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Police or a law enforcement agency under Sections 1 to 8 of this Act shall not be: 1
(1) Subject to disclosure under the Open Records Act, KRS 61.870 to 61.884; or 2
(2) Used for any purpose other than to determine the eligibility of a person to 3
purchase or possess firearms. 4
SECTION 7. A NEW SECTION OF KRS CHAPTER 237 IS CREATED TO 5
READ AS FOLLOWS: 6
No later than June 1, 2025, the: 7
(1) Justice and Public Safety Cabinet shall develop and implement a publicity and 8
advertising campaign that provides the public with information about the list, 9
how a person may request inclusion on the list, and contacts for additional 10
information about the list; and 11
(2) Cabinet for Health and Family Services shall develop and implement an 12
awareness campaign that provides health care providers with information about 13
the list, how a patient may request inclusion on the list, and how health care 14
providers may submit a request for a patient to be included on the list. 15
SECTION 8. A NEW SECTION OF KRS CHAPTER 237 IS CREATED TO 16
READ AS FOLLOWS: 17
The Department of Kentucky State Police shall promulgate administrative regulations 18
in accordance with KRS Chapter 13A to establish the process and forms necessary to 19
implement the requirements of Sections 1 to 8 of this Act. 20