AN ACT relating to firearms possession by domestic abusers.

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AN ACT relating to firearms possession by domestic abusers. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 527.010 is amended to read as follows: 3
The following definitions apply in this chapter unless the context otherwise requires: 4
(1) "Booby trap device" has[shall have] the same meaning as [set forth ] in KRS 5
237.030;[.] 6
(2) "Deface" m eans to remove, damage[ deface] , cover, alter, or destroy the 7
manufacturer's serial number or any other distinguishing number or identification 8
mark;[.] 9
(3) "Destructive device" has[shall have] the same meaning as [set forth ] in KRS 10
237.030;[.] 11
(4) "Domestic abuse offense" means a conviction under KRS 403.763 or 456.180, or 12
any crime that has as an element the use, attempted use, or threatened use of: 13
(a) Physical force; 14
(b) A deadly weapon; or 15
(c) A dangerous instrument; 16
if the relationship betwee n the perpetrator and the victim is that of family 17
members or members of an unmarried couple as those terms are defined in KRS 18
403.720, or members of a dating relationship as defined in KRS 456.010; 19
(5) "Domestic violence protective order" means an order issued: 20
(a) After a hearing of which the subject of the order received actual notice and 21
had the opportunity to participate; and 22
(b) Under: 23
1. Section 4 of this Act that restrains the adverse party from committing 24
acts of domestic violence and abuse, includ ing a foreign protective 25
order as defined in KRS 403.720, if the relationship between the 26
subject of the order and the protected individual is that of family 27
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members or members of an unmarried couple as those terms are 1
defined in KRS 403.720; or 2
2. Section 5 of this Act that restrains the adverse party from committing 3
acts of dating violence and abuse, including a foreign protective order 4
as defined in KRS 456.010, if the relationship between the subject of 5
the order and the protected individual is that of members of a dating 6
relationship as defined in KRS 456.010; 7
(6) "Firearm" means any weapon which will expel a projectile by the action of an 8
explosive;[.] 9
(7)[(5)] "Handgun" means any pistol or revolver originally designed to be fired by the 10
use of a singl e hand, or any other firearm originally designed to be fired by the use 11
of a single hand; and 12
(8) "Physical force" means force used upon or directed toward the body of another 13
person. 14
SECTION 2. A NEW SECTION OF KRS CHAP TER 527 IS CREATED TO 15
READ AS FOLLOWS: 16
(1) A person is guilty of possession of a firearm by a convicted domestic abuser when 17
the person: 18
(a) Wantonly possesses, purchases, manufactures, or transports a firearm; and 19
(b) Has been convicted of a domestic abus e offense in any state or federal 20
court. 21
(2) A person is guilty of possession of a firearm by the subject of a domestic violence 22
protective order when the person: 23
(a) Wantonly possesses, purchases, manufactures, or transports a firearm; and 24
(b) Is currently subject to a domestic violence protective order. 25
(3) Possession of a firearm by a convicted domestic abuser or the subject of a 26
domestic violence protective order is a Class C felony. 27
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(4) Notwithstanding the exceptions contained in KRS 527.100(1)(a) to (g), this 1
section shall apply to any youthful offender who is convicted of a domestic abuse 2
offense. 3
SECTION 3. A NEW SECTION OF KRS CHAPTER 527 IS CREATED TO 4
READ AS FOLLOWS: 5
(1) Upon every conviction for a domestic abu se offense and upon the issuance of 6
every domestic violence protective order, the trial court or issuing court, as 7
applicable, shall inform the offender or adverse party of the firearm prohibition 8
in Section 2 of this Act and of the transfer requirements in this section. 9
(2) Within twenty-four (24) hours after being informed of the firearm prohibition, a 10
person convicted of a domestic abuse offense or restrained by a domestic violence 11
protective order shall transfer all firearms he or she owns or possesses to: 12
(a) The chief law enforcement officer of the city, county, urban -county 13
government, charter county government, consolidated local government, or 14
unified local government in which the person resides; or 15
(b) The sheriff of the county in which the person resides. 16
(3) Any chief law enforcement officer or sheriff accepting the transfer of firearms 17
under this section shall issue a proof of transfer to the transferring person. The 18
Administrative Office of the Courts shall develop a proof of transfer form, which 19
shall include, at a minimum: 20
(a) The name of the person transferring the firearm or firearms; 21
(b) The name of the owner of each firearm; 22
(c) The date of transfer; and 23
(d) The serial number, make, and model of each transferred firearm. 24
(4) (a) Within three (3) b usiness days after being informed of the firearm 25
prohibition, a person convicted of a domestic abuse offense or restrained by 26
a domestic violence protective order shall either: 27
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1. File a copy of the proof of transfer form with the court that entered 1
the co nviction or entered the order, as applicable, and attest that all 2
firearms owned or possessed by the person have been transferred in 3
accordance with this section and that the person does not own or 4
possess any other firearms; or 5
2. Attest to the court that entered the conviction or entered the order, as 6
applicable, that the person does not currently own or possess any 7
firearms and did not own or possess any firearms at the time of the 8
prohibiting conviction or order. 9
(b) The court that entered the convictio n or issued the order, as applicable, 10
shall confirm whether the prohibited person timely complied with the terms 11
of this subsection. Failure to comply shall constitute contempt of court in 12
addition to any penalties under subsection (8) of this section. 13
(5) If upon motion of the attorney for the Commonwealth, the court finds probable 14
cause to believe that a person convicted of a domestic abuse offense or restrained 15
by a domestic violence protective order has failed to transfer any firearms in 16
accordance with this section, the court may order a search for and the removal of 17
all firearms at any location where the judge has probable cause to believe these 18
firearms are located. The judge shall state with specificity the reasons for and the 19
scope of the search and seizure authorized by the order. Proof of transfer as 20
required under subsection (3) of this section shall be issued for any firearms 21
seized under this subsection. 22
(6) A person convicted of a domestic abuse offense who transfers a firearm to a chief 23
law enforcement officer or sheriff under this section may, within thirty (30) days 24
after transferring the firearm, request to make a one (1) time transfer to a 25
federally licensed firearms dealer. After the thirty (30) day period, if a person 26
convicted of a dome stic abuse offense has not made such a request, a chief law 27
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enforcement officer or sheriff may dispose of any firearm transferred by the 1
person in accordance with KRS 500.090. 2
(7) At the expiration of a domestic violence protective order, a chief law enfor cement 3
officer or sheriff shall, at the restrained person’s request, return any firearms 4
transferred pursuant to subsection (2) of this section. Prior to returning any 5
firearms, the chief law enforcement officer or sheriff shall determine whether or 6
not the restrained person is eligible to possess a firearm under state and federal 7
law. If the restrained person is ineligible to possess a firearm under state or 8
federal law, the law enforcement agency shall: 9
(a) Inform the person that a thirty (30) day window for transferring the firearm 10
is available as provided in subsection (6) of this section; and 11
(b) After thirty (30) days have passed, dispose of the firearm in accordance with 12
KRS 500.090. 13
(8) A person convicted of a domestic abuse offense or restrained by a domestic 14
violence protective order who does not comply with the terms of this section is 15
guilty of a Class A misdemeanor. 16
Section 4. KRS 403.740 is amended to read as follows: 17
(1) Following a hearing ordered under KRS 403.730, if a court finds by a 18
preponderance of the evidence that domestic violence and abuse has occurred and 19
may again occur, the court may issue a domestic violence order: 20
(a) Restraining the adverse party from: 21
1. Committing further acts of domestic violence and abuse; 22
2. Any unauthorized contact or communication with the petitioner or other 23
person specified by the court; 24
3. Approaching the petitioner or other person specified by the court within 25
a distance specified in the order, not to exceed five hundred (500) feet; 26
4. Going to or within a specified distance of a specifically described 27
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residence, school, or place of employment or area where such a place is 1
located; and 2
5. Disposing of or damaging any of the property of the parties; 3
(b) Authorizing, at the request of the petitioner: 4
1. Limited contact or communication between the parties that the court 5
finds necessary; or 6
2. The parties to remain in a common area, which may necessitate them 7
being closer than five hundred (500) feet under limited circumstances 8
with specific parameters set forth by the court. 9
Nothing in this paragraph shall be interpreted to place any restriction or 10
restraint on the petitioner; 11
(c) Directing or prohibiting any other actions that the court believes will be o f 12
assistance in eliminating future acts of domestic violence and abuse, except 13
that the court shall not order the petitioner to take any affirmative action; 14
(d) Directing that either or both of the parties receive counseling services 15
available in the community in domestic violence and abuse cases; and 16
(e) Additionally, if applicable: 17
1. Directing the adverse party to vacate a residence shared by the parties to 18
the action; 19
2. Utilizing the criteria set forth in KRS 403.270, 403.320, and 403.822, 20
grant temporary custody, subject to KRS 403.315; 21
3. Utilizing the criteria set forth in KRS 403.211, 403.212, 403.2122, and 22
403.213, award temporary child support; and 23
4. Awarding possession of any shared domestic animal to the petitioner. 24
(2) In imposing a location restriction described in subsection (1)(a)4. of this section, the 25
court shall: 26
(a) Afford the petitioner and respondent, if present, an opportunity to testify on 27
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the issue of the locations and areas from which the respondent should or 1
should not be excluded; 2
(b) Only impose a location restriction where there is a specific, demonstrable 3
danger to the petitioner or other person protected by the order; 4
(c) Specifically describe in the order the locations or areas prohibited to the 5
respondent; and 6
(d) Consider structuring a restriction so as to allow the respondent transit through 7
an area if the respondent does not interrupt his or her travel to harass, harm, or 8
attempt to harass or harm the petitioner. 9
(3) When temporary child support is granted under this secti on, the court shall enter an 10
order detailing how the child support is to be paid and collected. Child support 11
ordered under this section may be enforced utilizing the same procedures as any 12
other child support order. 13
(4) When a domestic violence order serv es to prohibit the adverse party from 14
possessing a firearm under Section 2 of this Act, the court shall inform the 15
adverse party of the firearm possession prohibition and the firearm transfer 16
requirements under Section 3 of this Act. 17
(5) A domestic violence order shall be effective for a period of time fixed by the court, 18
not to exceed three (3) years, and may be reissued upon expiration for subsequent 19
periods of up to three (3) years each. The fact that an order has not been violated 20
since its issuance may be considered by a court in hearing a request for a reissuance 21
of the order. 22
Section 5. KRS 456.060 is amended to read as follows: 23
(1) Following a hearing ordered under KRS 456.040, if a court finds by a 24
preponderance of the evidence that dating violence and abuse, sexual assault, or 25
stalking has occurred and may again occur, the court may issue an interpersonal 26
protective order: 27
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(a) Restraining the adverse party from: 1
1. Committing further acts of dating violence and abuse, stalking, or sexual 2
assault; 3
2. Any unauthorized contact or communication with the petitioner or other 4
person specified by the court; 5
3. Approaching the petitioner or other person specified by the court within 6
a distance specified in the order, not to exceed five hundred (500) feet; 7
4. Going to or within a specified distance of a specifically described 8
residence, school, or place of employment or area where such a place is 9
located; and 10
5. Disposing of or damaging any of the property of the parties; 11
(b) Authorizing, at the request of the petitioner: 12
1. Limited contact or communication between the parties that the court 13
finds necessary; or 14
2. The parties to remain in a common area, which may necessitate them 15
being closer than five hundred (500) feet under limited circumstances 16
with specific parameters set forth by the court. 17
Nothing in this paragraph shall be interpreted to place any restriction or 18
restraint on the petitioner; 19
(c) Directing or prohibiting any other actions that the court believes will be of 20
assistance in eliminating future acts of dating violence and abuse, stalking, or 21
sexual assault, except that the court shall not order the petitioner to take any 22
affirmative action; 23
(d) Directing that either or both of the parties receive counseling services 24
available in the community in dating violence and abuse cases; and 25
(e) Awarding possession of any shared domestic animal to the petitioner. 26
(2) In imposing a location restriction described in subsection (1)(a)4. of this section, the 27
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court shall: 1
(a) Afford the petitioner and respondent, if present, a n opportunity to testify on 2
the issue of the locations and areas from which the respondent should or 3
should not be excluded; 4
(b) Only impose a location restriction where there is a specific, demonstrable 5
danger to the petitioner or other person protected by the order; 6
(c) Specifically describe in the order the locations or areas prohibited to the 7
respondent; and 8
(d) Consider structuring a restriction so as to allow the respondent transit through 9
an area if the respondent does not interrupt his or her travel to harass, harm, or 10
attempt to harass or harm the petitioner. 11
(3) When an interpersonal protective order serves to prohibit the adverse party from 12
possessing a firearm under Section 2 of this Act, the court shall inform the 13
adverse party of the firearm po ssession prohibition and the firearm transfer 14
requirements under Section 3 of this Act. 15
(4) An interpersonal protective order shall be effective for a period of time fixed by the 16
court, not to exceed three (3) years, and may be reissued upon expiration for 17
subsequent periods of up to three (3) years each. The fact that an order has not been 18
violated since its issuance may be considered by a court in hearing a request for a 19
reissuance of the order. 20