Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
237.110
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
237.110(13)(a) requires the
commissioner of the department to revoke a license to carry a concealed firearm
or other deadly weapon if a licensee becomes permanently ineligible to be
issued a license or have a license renewed under the criteria established by
KRS
237.110.
KRS
237.110(13)(b) requires the
commissioner of the department to suspend a license to carry a concealed
firearm or other deadly weapon if the licensee becomes temporarily ineligible
to be issued a license or have a license renewed under the criteria established
by KRS
237.110.
KRS
16.080(1) authorizes the
commissioner to promulgate administrative regulations necessary for the
governing and operation of the department. This administrative regulation
establishes the procedures for the revocation or suspension of a license to
carry a concealed deadly weapon and for reinstatement of a revoked or suspended
license.
Section 1.
(1) If the department determines that it will
revoke a license, the department shall notify the licensee of the
revocation.
(2) The revocation
notice shall include:
(a) The reason for the
revocation;
(b) That the licensee
is required to surrender his or her license to the sheriff of his or her county
of residence within two (2) business days of the receipt of the revocation
notice;
(c) That failure of the
licensee to surrender a revoked license is a Class A misdemeanor;
(d) A section that the licensee may sign to
request reconsideration of the revocation; and
(e) A statement that the licensee may request
reconsideration of the revocation by the department by signing the request for
reconsideration section, as provided in the notice of revocation in the
presence of the sheriff within thirty (30) days of the date of the notice of
revocation.
Section
2.
(1) If the department
determines that it will suspend a license, the department shall notify the
licensee of the suspension.
(2) The
suspension notice shall include:
(a) The
reason for the suspension;
(b) That
the licensee is required to surrender his or her license to the sheriff of his
or her county of residence within two (2) business days of the receipt of the
suspension notice;
(c) That failure
of the licensee to surrender a suspended license is a Class A
misdemeanor;
(d) A section that the
licensee may sign to request reconsideration of the suspension; and
(e) A statement that the licensee may request
reconsideration of the suspension by the department by signing the request for
reconsideration section, as provided in the notice of suspension in the
presence of the sheriff within thirty (30) days of the notice of
suspension.
Section
3. If a licensee signs the request for reconsideration section of
the revocation notice or the notice of suspension, the sheriff shall:
(1) Place the signed revocation notice or
notice of suspension and related material, if applicable, in a single applicant
packet; and
(2) Transmit the
completed single applicant packet to the department.
Section 4. The department may require the
licensee to submit any of the following in support of his or her request for
reconsideration:
(1) Certified copies of
records from a court clerk or law enforcement agency showing the disposition of
criminal charges against the licensee;
(2) A certificate or statement from a court
clerk or law enforcement agency showing that the applicable records have been
destroyed or are otherwise unavailable;
(3) A certificate or statement from the
appropriate department of the Armed Forces or other government agency showing
the disposition of charges against the licensee;
(4) A certificate or statement from the
appropriate department of the Armed Forces showing the nature of the licensee's
discharge or separation from the Armed Forces;
(5) A notarized statement by the applicant
setting forth the disposition of criminal charges against the
licensee;
(6) A notarized statement
by the licensee setting forth the nature of the licensee's discharge or
separation from the Armed Forces;
(7) A notarized statement by the licensee
setting forth the identity of the victim of the criminal offense, the nature of
the licensee's relationship to the victim at the time of the offense, and
whether or not the licensee and the victim shared a child in common at the time
of the offense; or
(8) Any other
documentation relevant to evaluating the request for reconsideration.
Section 5. If the request for
reconsideration of the revocation or suspension is denied, the department
shall:
(1) Notify the licensee by mail;
and
(2) Inform the licensee of his
or her right to petition the commissioner of the Kentucky State Police for
reinstatement by requesting an administrative hearing pursuant to KRS Chapter
13B within thirty (30) days of the date of the denial letter.
Section 6. License Expiration
Date. If a license is revoked or suspended, the date of its expiration shall
not be extended.
Section 7.
Reinstatement.
(1) A revoked or suspended
license shall be reinstated by the department upon:
(a) Receipt of an order from the appropriate
court to terminate the revocation or suspension;
(b) Determination by the department to
reinstate the license after a request for reconsideration of the revocation or
suspension; or
(c) Receipt of an
order from the appropriate KRS Chapter 13B hearing officer to return the
license and abrogate the suspension or revocation.
(2) If a license is reinstated, the
department shall notify the applicant.
STATUTORY AUTHORITY:
KRS
16.080(1),
237.110(13)
