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AN ACT relating to confiscated 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, and paragraph (b) of this subsection, all firearms 5
confiscated by the Department of Kentucky State Police and not retained for 6
official use pursuant to KRS 500.090 may be[shall be sold at public auction 7
to]: 8
1.[(a)] Sold at public auction to federally licensed firearms dealers 9
holding a license appropriate for the type of firearm sold; or 10
2.[(b)] Destroyed. 11
(b) A firearm used in the commission of an offense that would classify a person 12
as a violent offender under KRS 439.3401 shall be destroyed[For a firearm 13
which was used in a homicide, any person who certifies on a form provided 14
by the Department of Kentucky State Police prior to placing a bid that he or 15
she will, upon completion of the auction, leave the firearm with the 16
Department of Kentucky State Police for destruction. A state or local 17
government or agency thereof shall not purchase a firearm under this 18
paragraph]. 19
(2) Any provision of KRS Chapter 45 or 45A relating to disposition of property to the 20
contrary notwithstanding, the Department of Kentucky State Police shall: 21
(a) Conduct any auction specified by this section; 22
(b) Retain for departmental use twenty percent (20%) of the gross proceeds from 23
any auction specified by this section; 24
(c) Transfer remaining proceeds of the sale to the account of the Kentucky Office 25
of Homeland Security for use as provided in subsection (5) of this section; 26
and 27 UNOFFICIAL COPY 25 RS BR 333
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(d) For any disposition under subsection (1) of this section other than a sale at 1
public auction[sale pursuant to subsection (1)(b) of this section], destroy the 2
firearm. 3
(3) Prior to the destruction or sale of any firearm, the Department of Kentucky State 4
Police shall make an attempt to determine if the firearm to be destroyed or sold has 5
been stolen or otherwise unlawfully obtained from an innocent owner and return the 6
firearm to its lawful innocent owner, unless that person is ineligible to purchase a 7
firearm under federal law. 8
(4) The Department of Kentucky State Police shall receive firearms and ammunition 9
confiscated by or abandoned to every law enforcement agency in Kentucky. The 10
department shall dispose of the firearms received in the manner specified in 11
subsections (1) and (2) of this section. However, firearms that[which] are not 12
retained for official use, returned to an innocent lawful owner, destroyed, or 13
transferred to another government agency or public museum shall be sold as 14
provided in subsection (1) of this section. 15
(5) The proceeds of firearms sales shall be utilized by the Kentucky Office of 16
Homeland Security to provide grants to city, county, charter county, unified local 17
government, urban-county government, and consolidated local government police 18
departments; university safety and security departments organized pursuant to KRS 19
164.950; school districts that employ special law enforcement officers as defined in 20
KRS 61.900; and sheriff's departments for the purchase of: 21
(a) Body armor for sworn peace officers of those departments and service 22
animals, as defined in KRS 525.010, of those departments; 23
(b) Firearms or ammunition; 24
(c) Electronic control devices, electronic control weapons, or electro-muscular 25
disruption technology; and 26
(d) Body-worn cameras. 27 UNOFFICIAL COPY 25 RS BR 333
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In awarding grants under this section, the Kentucky Office of Homeland Security 1
shall give first priority to providing and replacing body armor and second priority to 2
providing firearms and ammunition, with residual funds available for the purchase 3
of body-worn cameras, electronic control devices, electronic control weapons, or 4
electro-muscular disruption technology. Body armor purchased by the department 5
receiving grant funds shall meet or exceed the standards issued by the National 6
Institute of Justice for body armor. No police or sheriff's department shall apply for 7
a grant to replace existing body armor unless that body armor has been in actual use 8
for a period of five (5) years or longer. Any department applying for grant funds for 9
body-worn cameras shall develop a policy for their use and shall submit that policy 10
with its application for the grant funds to the Office of Homeland Security as part of 11
the application process. 12
(6) The Department of Kentucky State Police may transfer a machine gun, short-13
barreled shotgun, short-barreled rifle, silencer, pistol with a shoulder stock, any 14
other weapon, or destructive device as defined by the National Firearms Act, 26 15
U.S.C. sec. 5801 et seq., which is subject to registration under the National 16
Firearms Act and is not properly registered in the national firearms transfer records 17
for those types of weapons, to the Bureau of Alcohol, Tobacco,[ and] Firearms and 18
Explosives of the United States Department of Justice, after a reasonable attempt 19
has been made to transfer the firearm to an eligible state or local law enforcement 20
agency or to an eligible museum and no eligible recipient will take the firearm or 21
weapon. National Firearms Act firearms and weapons which are properly registered 22
and not returned to an innocent lawful owner, destroyed, or retained for official use 23
as provided in this section shall be sold in accordance with subsection (1) of this 24
section. 25
Section 2. KRS 500.090 is amended to read as follows: 26
(1) Except as provided in KRS 500.092, all property which is subject to forfeiture 27 UNOFFICIAL COPY 25 RS BR 333
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under any section of the Kentucky Penal Code shall be disposed of in accordance 1
with this section. 2
(a) Property other than firearms which is forfeited under any section of this code 3
may, upon order of the trial court, be destroyed by the sheriff of the county in 4
which the conviction was obtained. 5
(b) Property other than firearms which is forfeited under any section of this code 6
may, upon order of the trial court, be sold at public auction. The expenses of 7
keeping and selling such property and the amount of all valid recorded liens 8
that are established by intervention as being bona fide shall be paid out of the 9
proceeds of the sale. The balance shall be paid to: 10
1. The state, if the property was seized by an agency of the state or peace 11
officer thereof; 12
2. The county, if the property was seized by the sheriff or an agency or 13
peace officer of the county; 14
3. The Department of Fish and Wildlife Resources, if the property was 15
seized by a peace officer of the Department of Fish and Wildlife or was 16
seized by any other officer for violation of KRS Chapter 150; 17
4. The city, if the property was seized by the city or by an agency or peace 18
officer thereof and the property was delivered to the city property clerk; 19
5. The city (ninety percent (90%) of the proceeds) and the sheriff (ten 20
percent (10%) of the proceeds), if the property was seized by the city or 21
by an agency or peace officer thereof and the property was delivered to 22
the sheriff or the county police; or 23
6. The state, if the property was seized by any combination of agencies 24
listed above. 25
(c) 1. Subject to the duty to return confiscated firearms and ammunition to 26
innocent owners pursuant to this section, all firearms and ammunition 27 UNOFFICIAL COPY 25 RS BR 333
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confiscated by a state or local law enforcement agency, all firearms 1
ordered forfeited by a court, and all abandoned firearms and ammunition 2
coming into the custody of a state or local law enforcement agency and 3
not retained for official use shall be transferred to the Department of 4
Kentucky State Police for disposition as provided by KRS 16.220. 5
2. The transfer shall occur not more than ninety (90) days after the 6
abandonment of the firearm or ammunition to the law enforcement 7
agency or not more than ninety (90) days after its confiscation, unless a 8
court requires the firearm or ammunition for use as evidence, in which 9
case it shall be transferred to the Department of Kentucky State Police 10
not more than ninety (90) days following the order of forfeiture by the 11
court or after the court returns the firearm or ammunition from use as 12
evidence. 13
3. Prior to the destruction or sale of any firearm or ammunition, the law 14
enforcement agency shall make a bona fide attempt to determine if the 15
firearm or ammunition to be destroyed or sold has been stolen or 16
otherwise unlawfully obtained from an innocent owner and return the 17
firearm and ammunition to its lawful innocent owner, unless that person 18
is ineligible to purchase a firearm under federal law. 19
4. This subsection relating to auction of firearms and ammunition shall not 20
apply to firearms and ammunition auctioned by the Department of Fish 21
and Wildlife that may be sold to individual purchasers residing in 22
Kentucky who are eligible under federal law to purchase firearms and 23
ammunition of the type auctioned. 24
(d) If property which is forfeited under any section of this code is determined by 25
the trial court to be worthless, encumbered with liens in excess of its value, or 26
otherwise a burdensome asset, the court may abandon any interest in such 27 UNOFFICIAL COPY 25 RS BR 333
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property. Property which is abandoned pursuant to this section shall be 1
returned to the lawful claimant upon payment of expenses for keeping the 2
property. 3
(e) Property which is forfeited under any section of this code may, upon order of 4
the trial court, be retained for official use in the following manner. Property 5
which has been seized by an agency of the state may be retained for official 6
state use. Property which has been seized by an agency of a county, city, 7
charter county government,[or] urban-county government, consolidated local 8
government, or unified local government may be retained for official use by 9
the government whose agency seized the property or for official state use. 10
Property seized by any other unit of government may be retained only for 11
official state use. The expenses for keeping and transferring such property 12
shall be paid by the unit of government by which the property is retained. 13
(2) Money which has been obtained or conferred in violation of any section of this code 14
shall, upon conviction, be forfeited for the use of the state. This subsection shall not 15
apply when, during the course of the proceeding in which the conviction is 16
obtained, the person from whom said money was unlawfully acquired is identified. 17
(3) Property forfeited under any section of this code shall be disposed of in accordance 18
with this section only after being advertised pursuant to KRS Chapter 424. This 19
subsection shall not apply to property which is designed and suitable only for 20
criminal use or to money forfeited under subsection (2) of this section. 21
(4) The trial court shall remit the forfeiture of property when the lawful claimant: 22
(a) Asserts his or her claim before disposition of the property pursuant to this 23
section; 24
(b) Establishes his or her legal interest in the property; and 25
(c) Establishes that the unlawful use of the property was without his or her 26
knowledge and consent. This subsection shall not apply to a lienholder of 27 UNOFFICIAL COPY 25 RS BR 333
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record when the trial court elects to dispose of the property pursuant to 1
subsection (1)(b) of this section. 2
(5) For purposes of this section, "lawful claimant" means owner or lienholder of record. 3
(6) (a) Before property which has had its identity obscured in violation of KRS 4
514.120 may be sold or retained for official use as provided in this section, the 5
court shall cause a serial or other identifying number to be placed thereon, and 6
a record of the number assigned shall be placed in the court order authorizing 7
the sale or retention of the property. This number shall be assigned, whenever 8
applicable, in consultation with the Department of Kentucky State Police and 9
any other state or federal regulatory agency. 10
(b) The purchaser of the property shall be given a document stating that the 11
property had been forfeited pursuant to law and that a number, shown on the 12
document, has been assigned which shall be deemed as compliance of the 13
owner with KRS 514.120. When property is returned to an owner pursuant to 14
this section and its identity has been obscured by another person in violation 15
of KRS 514.120, the court shall provide a document to the owner relieving 16
him or her of liability for its continued possession. This document shall serve 17
as evidence of compliance with KRS 514.120 by the owner or any person to 18
whom he or she lawfully disposes of the property. 19
(c) This section shall not apply to any person after property has been sold or 20
returned in compliance with this section who violates the provisions of KRS 21
514.120 with respect to that property. 22
(7) (a) Before forfeiture of any property under this section, it shall be the duty of the 23
trial court to determine if a lawful owner or claimant to the property has been 24
identified or is identifiable. If a lawful owner or claimant has been identified 25
or is identifiable, the court shall notify the owner or claimant that the property 26
is being held and specify a reasonable period of time during which the claim 27 UNOFFICIAL COPY 25 RS BR 333
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may be made or may, in lieu thereof, order the return of the property to the 1
lawful owner or claimant. 2
(b) If the lawful owner or claimant does not assert his or her claim to the property 3
after notification or if he or she renounces his or her claim to the property, the 4
property shall be disposed of as provided in this section. 5
(c) It shall be the duty of all peace officers and other public officers or officials 6
having knowledge of the lawful owner or claimant of property subject to 7
forfeiture to report the same to the trial court before the act of forfeiture 8
occurs. 9
Section 3. KRS 500.093 is amended to read as follows: 10
No court or law enforcement agency shall retain a firearm or ammunition for official use 11
for the purpose of avoiding transfer of the firearm or ammunition to the Department of 12
Kentucky State Police under KRS 237.090 or 500.090[,] or other statute to avoid its 13
being destroyed or sold pursuant to KRS 16.220. 14