Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
237.110
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
237.110(7)(e) requires the
department to promulgate an administrative regulation establishing the
application form for a license to carry a concealed deadly weapon. This
administrative regulation establishes the application form and
procedures.
Section 1. Definitions.
(1) "Application form" means the
"Commonwealth of Kentucky Carry Concealed Deadly Weapons/LEOSA: Application for
License."
(2) "Department" means
the Department of State Police.
Section 2.
(1) Application forms shall not be stored in
an area accessible to the public.
(2) Except as permitted by Section 11 of this
administrative regulation, an application form shall not be removed from the
office of the sheriff.
Section
3. An application form shall be identified by a unique number that
shall be:
(1) Expressed on the application
form as a bar code that contains the application number;
(2) Used as the identifying number for the
applicant; and
(3) Machine and
human readable.
Section
4. Applicants shall submit an application form, documents, and fee
as required by KRS
237.110 to the department either:
(1) Electronically, using the portal provided
and according to the procedures as described on the department's Web site;
or
(2) As prescribed in Sections 5
- 11 of this administrative regulation.
Section 5. A sheriff shall issue an
application form to an applicant and accept an application fee if:
(1) An applicant meets the requirements
established by KRS
237.110(4)(b), (c), and
(i);
(2) Unless exempted by
KRS
237.110(6) and (7), an
applicant has submitted the material required by
KRS
237.110(7);
(3) Verification that an applicant is a
resident is made by:
(a) Submission of a valid
Kentucky operator's license or personal identification card issued by the
Transportation Cabinetpursuant to
KRS
186.412;
(b) Personal knowledge of the sheriff;
or
(c) Confirmation by another
governmental agency;
(4)
Verification of an applicant's Social Security number is made by the submission
of:
(a) The applicant's Social Security card;
or
(b) A governmental agency
document that contains an applicant's name and Social Security
number;
(5) Verification
of an applicant's age is made by submission of:
(a) An item specified by subsection (3) of
this section; or
(b) A birth
certificate or other evidence of birth issued by a governmental agency;
and
(6) Verification of
an applicant's U.S. immigration status is made by submission of a completed
CCDW License Citizenship/Immigration Status Affidavit (KSP 131) if the
applicant has indicated on the application form that the applicant is not a
U.S. citizen.
Section 6.
An applicant who is exempt from the training requirement established by
KRS
237.110(4)(i) shall submit
documentation establishing that he or she:
(1)
(a) Was
a peace officer on the date of his or her retirement; and
(b) Is a member of a retirement system
specified by KRS
237.110(6)(a);
(2) Is currently certified as a
peace officer by the Kentucky Law Enforcement Council pursuant to
KRS
15.380 to
15.404;
(3) Is a current or retired peace officer of
one (1) of the federal agencies listed in
KRS
237.110(6)(b);
(4) Is a current or retired corrections
officer who was employed by and received the prescribed training from the
agencies listed in KRS
237.110(6)(c); or
(5) Is an active or honorably discharged
service member of the branches listed in
KRS
237.110(6)(d) and completed
handgun training from that branch.
Section 7. Completion of Application Form. An
applicant shall:
(1) Complete an application
at a sheriff's office;
(2) Sign the
application in the applicant signature block of the application form in ink in
the presence of a sheriff;
(3)
Provide the information required by
KRS
237.110(7)(a) through (e) on
the application form;
(4) Not fold
or tear the form;
(5) Use a black
ink pen to complete the form;
(6)
Not mark or otherwise make an entry in the "For Sheriff's Dept. Use Only"
portion;
(7) Fill each bubble
completely;
(8) Fill in or enter
information, as appropriate, within a column block or bubble;
(9) Write within the constrained areas;
and
(10) Use upper case (capital)
letters.
Section 8. The
sheriff shall complete the lower right hand portion of the application form
titled "For Sheriff's Dept. Use Only" by:
(1)
Completing the ORI Number;
(2)
Filling in the date of application;
(3) Indicating if the applicant is an active
or retired peace officer or a judicial officer in accordance with
KRS
527.020(5)(a) 1. to
7.;
(4) Indicating if the applicant
is an active or honorably discharged service member; and
(5) Signing in the portion labeled
"Authorizing Official Signature."
Section 9. If an applicant fails to follow
the instructions for completion of an application, the sheriff shall:
(1) Destroy the improperly completed
application; and
(2) Require the
applicant to complete a new application form.
Section 10. The sheriff shall place the
following material in a single applicant packet:
(1) The applicant's completed application
form;
(2) A photograph of the
applicant complying with the provisions of
502 KAR 11:020;
(3) The CCDW License Citizenship/Immigration
Status Affidavit (KSP 131) if the applicant has indicated on the application
form that the applicant is not a U.S. citizen;
(4)
(a) A
photocopy of the certificate of completion, of the training or safety course or
class required by KRS
237.110(4)(i); or
(b) Material provided by an applicant to the
sheriff establishing that the applicant is exempt from the training requirement
on the grounds that he or she is:
1. Currently
certified as a peace officer by the Kentucky Law Enforcement Council pursuant
to KRS
15.380 to
15.404;
2. A current or retired peace officer of one
of the federal agencies listed in
KRS
237.110(6)(b) and
successfully completed the basic law enforcement training course required by
that agency; or
3. A retired peace
officer and is a member of a retirement system specified in
KRS
237.110(6)(a);
4. A current or retired corrections officer
who was employed by and received the prescribed training from the agencies
listed in KRS
237.110(6)(c); or
5. An active or honorably discharged service
member of the branches listed in
KRS
237.110(6)(d) and completed
handgun training from that branch; and
(5) Material provided by an applicant to the
sheriff establishing that the applicant is exempt from payment of the
application fee pursuant to
KRS
237.110(7).
Section 11.
(1) The sheriff shall mail single applicant
packets to the department in a bulk mailer.
(2) The sheriff shall pay the cost of mailing
a bulk mailer.
Section
12.
(1) If the department issues
an original license pursuant to
KRS
237.110(4), it shall:
(a) Transmit the license to the sheriff;
and
(b) Send a notice to the
applicant:
1. Informing him or her that the
license is being conveyed to the sheriff of the county where the applicant
resides and what date the license will be available from the sheriff;
and
2. Including a section that the
applicant may sign in the presence of the sheriff or the sheriff's
designee.
(2)
The sheriff shall issue the license to the applicant upon:
(a) Verification of the identity of the
applicant by:
1. Submission of a valid
Kentucky operator's license or personal identification card issued by the
Transportation Cabinet pursuant to
KRS
186.412; or
2. Personal knowledge of the sheriff;
and
(b) Signature on the
notice of issuance by the applicant in the presence of the sheriff or the
sheriff's designee.
Section 13. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) "Commonwealth of Kentucky Carry
Concealed Deadly Weapons/LEOSA: Application for License", September 2022;
and
(b) KSP Form 131, "CCDW License
Citizenship/Immigration Status Affidavit", 2011.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Department of Kentucky
State Police, Criminal Identification and Records Branch, 1266 Louisville Road,
Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.
(3) This material is also available on the
department's Web site at
https://kentuckystatepolice.org/ccdw/ccdw-home/forms/.
STATUTORY AUTHORITY:
KRS
16.080(1),
237.110(7)(e)