<br><br>16.220 Public auction of confiscated firearms -- Disposition of proceeds -- <br>Department of Kentucky State Police treatment of transferred firearms. <br>(1) Subject to the duty to return confiscated firearms to innocent owners pursuant to <br>KRS 500.090, all firearms confiscated by the Department of Kentucky State Police <br>and not retained for official use pursuant to KRS 500.090 shall be sold at public <br>auction to federally licensed firearms dealers holding a license appropriate for the <br>type of firearm sold. Any provision of KRS Chapter 45 or 45A relating to <br>disposition of property to the contrary notwithstanding, the Department of Kentucky <br>State Police shall: <br>(a) Conduct any auction specified by this section; <br>(b) Retain for departmental use twenty percent (20%) of the gross proceeds from <br>any auction specified by this section; and <br>(c) Transfer remaining proceeds of the sale to the account of the Kentucky Office <br>of Homeland Security for use as provided in subsection (4) of this section. <br>(2) Prior to the sale of any firearm, the Department of Kentucky State Police shall make <br>an attempt to determine if the firearm to be sold has been stolen or otherwise <br>unlawfully obtained from an innocent owner and return the firearm to its lawful <br>innocent owner, unless that person is ineligible to purchase a firearm under federal <br>law. <br>(3) The Department of Kentucky State Police shall receive firearms and ammunition <br>confiscated by or abandoned to every law enforcement agency in Kentucky. The <br>department shall dispose of the firearms received in the manner specified in <br>subsection (1) of this section. However, firearms which are not retained for official <br>use, returned to an innocent lawful owner, or transferred to another government <br>agency or public museum shall be sold as provided in subsections (1) and (3) of this <br>section. <br>(4) The proceeds of firearms sales shall be utilized by the Kentucky Office of <br>Homeland Security to provide grants to city, county, charter county, unified local <br>government, urban-county government, and consolidated local government police <br>departments; university safety and security departments organized pursuant to KRS <br>164.950; and sheriff's departments for the purchase of: <br>(a) Body armor for sworn peace officers of those departments and service <br>animals, as defined in KRS 525.010, of those departments; <br>(b) Firearms or ammunition; and <br>(c) Electronic control devices, electronic control weapons, or electro-muscular <br>disruption technology. <br> <br>In awarding grants under this section, the Kentucky Office of Homeland Security <br>shall give first priority to providing and replacing body armor and second priority to <br>providing firearms and ammunition, with residual funds available for the purchase <br>of electronic control devices, electronic control weapons, or electro-muscular <br>disruption technology. Body armor purchased by the department receiving grant <br>funds shall meet or exceed the standards issued by the National Institute of Justice <br>for body armor. No police or sheriff's department shall apply for a grant to replace <br><br>existing body armor unless that body armor has been in actual use for a period of <br>five (5) years or longer. <br>(5) The Department of Kentucky State Police may transfer a machine gun, short-<br>barreled shotgun, short-barreled rifle, silencer, pistol with a shoulder stock, any <br>other weapon, or destructive device as defined by the National Firearms Act which <br>is subject to registration under the National Firearms Act and is not properly <br>registered in the national firearms transfer records for those types of weapons, to the <br>Bureau of Alcohol, Tobacco, and Firearms of the United States Department of <br>Justice, after a reasonable attempt has been made to transfer the firearm to an <br>eligible state or local law enforcement agency or to an eligible museum and no <br>eligible recipient will take the firearm or weapon. National Firearms Act firearms <br>and weapons which are properly registered and not returned to an innocent lawful <br>owner or retained for official use as provided in this section shall be sold to properly <br>licensed dealers under subsection (3) of this section. <br>Effective: July 15, 2008 <br>History: Amended 2008 Ky. Acts ch. 96, sec. 1, effective July 15, 2008. -- Amended <br>2007 Ky. Acts ch. 47, sec. 10, effective June 26, 2007; and ch. 85, sec. 71, effective <br>June 26, 2007. -- Amended 2005 Ky. Acts ch. 85, sec. 41, effective June 20, 2005. -- <br>Amended 2004 Ky. Acts ch. 86, sec. 2, effective July 13, 2004. -- Amended 2002 <br>Ky. Acts ch. 281, sec. 1, effective July 15, 2002. -- Amended 2000 Ky. Acts ch. 405, <br>sec. 3, effective July 14, 2000. -- Created 1998 Ky. Acts ch. 606, sec. 124, effective <br>July 15, 1998. <br>Legislative Research Commission Note (6/20/2005). In subsection (1) of this statute, a <br>reference to the "Department of Finance" has been changed to read the "Department <br>for Facilities and Support Services" to reflect the correct structure of the Finance and <br>Administration Cabinet, as set forth in Executive Order 2004-723 and confirmed by <br>the General Assembly in 2005 Ky. Acts ch. 85. The Reviser of Statutes has changed <br>the reference in this section pursuant to 2005 Ky. Acts ch. 85, sec. 701 <br><br>