KRS 237.075: Chief law enforcement officer's certification for transfer or making of a

firearm -- Immunity from liability -- Appeal of denial of certification request.

(1) For purposes of this section:

(a) "Certification" means the participation and assent of the chief law

enforcement officer necessary under federal law for the approval of the

application to transfer or make a firearm;

(b) "Chief law enforcement officer" means the sheriff of the county of the

applicant's residence, notwithstanding the provisions of 27 C.F.R. secs. 479.63

and 479.85; and

(c) "Firearm" has the same meaning as provided in the National Firearms Act, 26

U.S.C. sec. 5845(a).

(2) (a) When a chief law enforcement officer's certification is required by federal law

or regulation for the transfer or making of a firearm, the chief law enforcement

officer shall, within fifteen (15) days of receipt of a request for certification,

provide this certification if the applicant is not prohibited by law from

receiving or possessing the firearm and is no t the subject of a proceeding that

could result in the applicant being prohibited by law from receiving or

possessing the firearm. If the chief law enforcement officer is unable to make

a certification as required by this section, he or she shall provide t he applicant

a written notification of the denial and the reason for this determination.

(b) A chief law enforcement officer is not required to make any certification

under this subsection he or she knows to be untrue, but he or she may not

refuse to provi de certification based on a generalized objection to private

persons or entities making, possessing, or receiving firearms or any certain

type of firearm the possession of which is not prohibited by law.

(3) Chief law enforcement officers and their employe es who act in good faith are

immune from liability arising from any act or omission in making a certification as

required by this section.

(4) An applicant whose request for certification is denied may appeal the chief law

enforcement officer's decision to the Circuit Court that is located in the county in

which the applicant resides. The court shall review the chief law enforcement

officer's decision to deny the certification de novo. If the court finds that the

applicant is not prohibited by law from rece iving or possessing the firearm, is not

the subject of a proceeding that could result in such prohibition, and that no

substantial evidence supports the chief law enforcement officer's determination that

he or she cannot truthfully make the certification, the court shall order the chief law

enforcement officer to issue the certification and award court costs and reasonable

attorney's fees to the applicant.