Statutes, codes, and regulations
Kentucky Administrative Regulations
Title 502 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF STATE POLICE
Chapter 13 - Law Enforcement Officers Safety Act of 2004
Section 502 KAR 13:010 - Application for certification under the Law Enforcement Officers Safety Act of 2004 ("LEOSA"), 18 U.S.C. 926C, for honorably retired elected or appointed peace officers

502 Ky. Admin. Regs. 13:010

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Current through Register Vol. 51, No. 6, December 1, 2024
Section 502 KAR 13:010 - Application for certification under the Law Enforcement Officers Safety Act of 2004 ("LEOSA"), 18 U.S.C. 926C, for honorably retired elected or appointed peace officers

RELATES TO: KRS 15.383, 61.365, 186.412, 237.138-237.142, 446.010(31), 18 U.S.C. 926C

NECESSITY, FUNCTION, AND CONFORMITY: KRS 237.138 to 237.142 establish provisions for certification to carry a concealed deadly weapon for any elected or appointed peace officer who is honorably retired and who meets the provisions of these statutes and the Law Enforcement Officers Safety Act, 18 U.S.C. 926C. KRS 237.140 requires the Kentucky State Police to promulgate administrative regulations to implement the provisions of KRS 237.138 to 237.142 for the certification of retired peace officers to carry a concealed deadly weapon pursuant to 18 U.S.C. 926C. This administrative regulation establishes the requirements and procedures for certification.

Section 1. Definitions.
(1) "Applicant" means an honorably retired peace officer who has applied to the Kentucky State Police to be certified to carry a concealed deadly weapon pursuant to 18 U.S.C. 926C.
(2) "Application form" means the Commonwealth of Kentucky Carry Concealed Deadly Weapons/LEOSA: Application for License.
(3) "Honorably retired" means an elected or appointed peace officer who meets the requirements to be a qualified retired law enforcement officer as defined by 18 U.S.C. 926C(c).
(4) "License" means the document indicating the approved certification pursuant to the Law Enforcement Officers Safety Act of 2004, as codified in 18 U.S.C. 926C.
(5) "Peace officer" is defined by KRS 446.010(31) and 61.365.
Section 2. 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 3. Application forms shall:
(1) Not be stored in an area accessible to the public; and
(2) Not be removed from the office of the sheriff except as permitted by Section 7(4) of this administrative regulation.
Section 4. An applicant shall submit an application form and documents required by KRS 237.138 to 237.142 to the department:
(1) Electronically, via the portal on the department Web site; or
(2) By the procedures in Section 5 through Section 7 of this administrative regulation.
Section 5. A sheriff shall issue an application form to an applicant if:
(1) An applicant meets the requirements established by KRS 237.138 to 237.142;
(2) The sheriff has verified that an applicant is qualified for certification pursuant to KRS 237.138 to 237.142 and this administrative regulation;
(3) An applicant has submitted the material required by KRS 237.138 to 237.142 and this administrative regulation;
(4) Verification that an applicant is a Kentucky resident is made by:
(a) Submission of a valid Kentucky operator's license or personal identification card issued by the Transportation Cabinet pursuant to KRS 186.412;
(b) Personal knowledge of the sheriff; or
(c) Confirmation by another governmental agency; and
(5) Verification of an applicant's Social Security number is made by submission of:
(a) The applicant's Social Security card; or
(b) A governmental agency document that contains the applicant's name and Social Security number.
Section 6. Completion of Paper Application Form through Sheriff. An applicant shall:
(1) Complete an application form;
(2) Sign the application in the applicant signature block of the application form in ink;
(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;
(10) Use upper case (capital) letters;
(11) Provide a photograph of the applicant complying with the provisions of 502 KAR 13:070;
(12) Submit the following completed forms to the sheriff to be attached to the application form:
(a) A KSP 123, LEOSA Range Qualification Certification;
(b) A KSP 124A, LEOSA Applicant Certification; and
(c) A KSP 124B, LEOSA Law Enforcement Retirement Certification; and
(13) Not be required to pay an application fee.
Section 7. Sheriff's Duties.
(1) If an applicant fails to follow the instructions for completion of an application, the sheriff shall:
(a) Destroy the improperly completed application; and
(b) Require the applicant to complete a new application form.
(2) The sheriff shall complete in black ink the lower right hand portion of the application form titled "For Sheriff's Dept. Use Only" by:
(a) Completing the ORI Number;
(b) Filling in the date of application;
(c) Indicating the applicant is a retired peace officer;
(d) Indicating the applicant is seeking LEOSA certification; and
(e) Signing in the portion labeled "Authorizing Official Signature."
(3) The sheriff shall place the following material in a single applicant packet:
(a) The applicant's completed application form;
(b) A photograph of the applicant complying with the provisions of 502 KAR 13:070; and
(c) Completed KSP forms 123, 124A, and 124B.
(4) The sheriff shall mail single applicant packets in a bulk mailer to Kentucky State Police, LEOSA, 1266 Louisville Road, Frankfort, Kentucky 40601.
Section 8. Incorporation by Reference.
(1) The following material is incorporated by reference:
(a) "Carry Concealed Deadly Weapons/LEOSA: Application for License", September 2022;
(b) "LEOSA Range Qualification Certification", KSP 123, 2022;
(c) "LEOSA Applicant Certification", KSP 124A, 2022; and
(d) "LEOSA Law Enforcement Retirement Certification", KSP 124B, 2014.
(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Criminal Identification and Records Branch, Kentucky State Police, 1266 Louisville Road, Frankfort, Kentucky 40601, Monday through Friday 8 a.m. to 4:30 p.m. This material is also available on the department Web site at kentuckystatepolice.org.

502 KAR 13:010

32 Ky.R. 437; 623; eff. 11-4-05; 34 Ky.R. 1200; 1721; eff. 2-1-2008; 686; 911; eff. 12-2-11; Certified to be amended; filing deadline 8-26-2021; 48 Ky.R.1289, 2248; 49 Ky.R. 1070; eff. 1/31/2023.

STATUTORY AUTHORITY: KRS 237.140