{"data":{"id":"us-ky/krs-237.075","jurisdiction":"us-ky","citation":"KRS 237.075","heading":"Chief law enforcement officer's certification for transfer or making of a","body":"firearm -- Immunity from liability -- Appeal of denial of certification request.\n(1) For purposes of this section:\n(a) \"Certification\" means the participation and assent of the chief law\nenforcement officer necessary under federal law for the approval of the\napplication to transfer or make a firearm;\n(b) \"Chief law enforcement officer\" means the sheriff of the county of the\napplicant's residence, notwithstanding the provisions of 27 C.F.R. secs. 479.63\nand 479.85; and\n(c) \"Firearm\" has the same meaning as provided in the National Firearms Act, 26\nU.S.C. sec. 5845(a).\n(2) (a) When a chief law enforcement officer's certification is required by federal law\nor regulation for the transfer or making of a firearm, the chief law enforcement\nofficer shall, within fifteen (15) days of receipt of a request for certification,\nprovide this certification if the applicant is not prohibited by law from\nreceiving or possessing the firearm and is no t the subject of a proceeding that\ncould result in the applicant being prohibited by law from receiving or\npossessing the firearm. If the chief law enforcement officer is unable to make\na certification as required by this section, he or she shall provide t he applicant\na written notification of the denial and the reason for this determination.\n(b) A chief law enforcement officer is not required to make any certification\nunder this subsection he or she knows to be untrue, but he or she may not\nrefuse to provi de certification based on a generalized objection to private\npersons or entities making, possessing, or receiving firearms or any certain\ntype of firearm the possession of which is not prohibited by law.\n(3) Chief law enforcement officers and their employe es who act in good faith are\nimmune from liability arising from any act or omission in making a certification as\nrequired by this section.\n(4) An applicant whose request for certification is denied may appeal the chief law\nenforcement officer's decision to  the Circuit Court that is located in the county in\nwhich the applicant resides. The court shall review the chief law enforcement\nofficer's decision to deny the certification de novo. If the court finds that the\napplicant is not prohibited by law from rece iving or possessing the firearm, is not\nthe subject of a proceeding that could result in such prohibition, and that no\nsubstantial evidence supports the chief law enforcement officer's determination that\nhe or she cannot truthfully make the certification, the court shall order the chief law\nenforcement officer to issue the certification and award court costs and reasonable\nattorney's fees to the applicant.","path":["KRS Chapter 237"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=43450","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:50Z","sha256":"711d72fec8859478f74d37bb86f4e055eb9021a23e72ec0a925ec6200324d85f","source_id":"us-ky","stale":false,"prev":"us-ky/krs-237.070","next":"us-ky/krs-237.080"},"notice":"GroundRules: Original legal text. Not legal advice."}