Kentucky Statutes 237.095 – Persons barred by federal law from purchase of firearms — Duty to notify courts and law enforcement agencies of purchase or attempt to purchase — Protocol for providing notice — Duty to notify petitioner — Immunity fro…
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(1) Upon receiving notice that a person barred from purchasing a firearm under 18
U.S.C. sec. 922(g)(8) has purchased or attempted to purchase a firearm, any agency with the responsibility of entering domestic violence records into the Law Information Network of Kentucky shall notify:
(a) The court in the jurisdiction where the domestic violence order was issued under KRS § 403.750; and
(b) The law enforcement agencies, as designated by the Department of Kentucky State Police, that have jurisdiction in the county where the domestic violence order was issued and in the county of the victim’s residence if different from the county where the domestic violence order was issued.
(2) The Department of Kentucky State Police shall develop a protocol for providing notice to the required court and law enforcement agencies under subsection (1) of this section. Within the protocol, the Department of Kentucky State Police shall designate which local law enforcement agencies are to receive notice in each county. A minimum of one (1) law enforcement agency shall be designated in each county.
(3) When a designated law enforcement agency for the county where the domestic violence order was issued or where the victim resides receives notice under subsection (1)(b) of this section, that agency shall make reasonable efforts to ensure that the petitioner who obtained the domestic violence order is notified that the respondent has purchased or attempted to purchase a firearm.
(4) Any person carrying out responsibilities under this section shall be immune from civil liability for good faith conduct in carrying out those responsibilities.
(5) This section shall apply only to domestic violence orders issued, or reissued, on or after July 14, 2000, through July 15, 2002.
Effective: June 26, 2007
History: Amended 2007 Ky. Acts ch. 85, sec. 264, effective June 26, 2007. — Amended
2002 Ky. Acts ch. 70, sec. 3, effective July 15, 2002. — Created 2000 Ky. Acts ch.
401, sec. 11, effective July 14, 2000.
U.S.C. sec. 922(g)(8) has purchased or attempted to purchase a firearm, any agency with the responsibility of entering domestic violence records into the Law Information Network of Kentucky shall notify:
Terms Used In Kentucky Statutes 237.095
- Domestic: when applied to a corporation, partnership, business trust, or limited liability company, means all those incorporated or formed by authority of this state. See Kentucky Statutes 446.010
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(a) The court in the jurisdiction where the domestic violence order was issued under KRS § 403.750; and
(b) The law enforcement agencies, as designated by the Department of Kentucky State Police, that have jurisdiction in the county where the domestic violence order was issued and in the county of the victim’s residence if different from the county where the domestic violence order was issued.
(2) The Department of Kentucky State Police shall develop a protocol for providing notice to the required court and law enforcement agencies under subsection (1) of this section. Within the protocol, the Department of Kentucky State Police shall designate which local law enforcement agencies are to receive notice in each county. A minimum of one (1) law enforcement agency shall be designated in each county.
(3) When a designated law enforcement agency for the county where the domestic violence order was issued or where the victim resides receives notice under subsection (1)(b) of this section, that agency shall make reasonable efforts to ensure that the petitioner who obtained the domestic violence order is notified that the respondent has purchased or attempted to purchase a firearm.
(4) Any person carrying out responsibilities under this section shall be immune from civil liability for good faith conduct in carrying out those responsibilities.
(5) This section shall apply only to domestic violence orders issued, or reissued, on or after July 14, 2000, through July 15, 2002.
Effective: June 26, 2007
History: Amended 2007 Ky. Acts ch. 85, sec. 264, effective June 26, 2007. — Amended
2002 Ky. Acts ch. 70, sec. 3, effective July 15, 2002. — Created 2000 Ky. Acts ch.
401, sec. 11, effective July 14, 2000.