{"data":{"id":"us-ky/krs-237.108","jurisdiction":"us-ky","citation":"KRS 237.108","heading":"Persons adjudicated mentally defective and committed to mental","body":"institutions -- Identifying information to be forwarded to Department of\nKentucky State Police and Federal Bureau of Investigation -- Information to\nbe included in National Instant Crimina l Background Check System database\n-- Petition to court for relief from prohibition against possession of firearms --\nProhibition against allowing improper use of information obtained by\nKentucky State Police.\n(1) A court that orders a commitment or makes a finding or adjudication under which a\nperson becomes subject to the provisions of 18 U.S.C. sec. 922(d)(4) and (g)(4)\nshall order the circuit clerk to forward the person's name and nonclinical identifying\ninformation, including the person's Social Securi ty number and date of birth, along\nwith a copy of the order of commitment to the Department of Kentucky State\nPolice, which in turn shall forward the information to the Federal Bureau of\nInvestigation, its successor agency, or agency designated by the Fede ral Bureau of\nInvestigation, for inclusion in the National Instant Criminal Background Check\nSystem database. The court shall also notify the person of the prohibitions of 18\nU.S.C. sec. 922(d)(4) and (g)(4).\n(2) A person who is subject to the provisions o f 18 U.S.C. sec. 922(d)(4) and (g)(4)\nbecause of a commitment, finding, or adjudication that occurred in this state may\npetition the court in which such commitment, finding, or adjudication occurred to\nremove, pursuant to Section 105(a) of Pub. L. No. 110-180, the disabilities imposed\nunder 18 U.S.C. sec. 922(d)(4) and (g)(4). A copy of the petition for relief shall also\nbe served on the director of the Division of Behavioral Health and the county\nattorney of the county in which the original commitment, fin ding, or adjudication\noccurred. The director of the Division of Behavioral Health and the county attorney\nmay, as each deems appropriate, appear, support, object to, or present evidence\nrelevant to the relief sought by the petitioner. The court shall recei ve and consider\nevidence in a closed proceeding, including evidence offered by the petitioner\nconcerning:\n(a) The circumstances of the original commitment, finding, or adjudication;\n(b) The petitioner's mental health and criminal history records, if any;\n(c) The petitioner's reputation;\n(d) The petitioner's date of birth and Social Security number; and\n(e) Changes in the petitioner's condition or circumstances relevant to the relief\nsought.\nThe court shall grant the petition for relief if it finds by a pre ponderance of the\nevidence that the petitioner will not be likely to act in a manner dangerous to public\nsafety and that granting of the relief would not be contrary to the public interest. A\nrecord shall be kept of the proceedings, but it shall remain con fidential and be\ndisclosed only to a court in the event of an appeal. The petitioner may appeal a\ndenial of the requested relief, and review on appeal shall be de novo. A person may\nfile a petition for relief under this section no more than once every two (2) years.\n(3) When the court issues an order granting a petition for relief under subsection (2) of\nthis section, the circuit clerk shall immediately forward a copy of the order to the\nDepartment of Kentucky State Police, which in turn shall immediately f orward a\ncopy to the Federal Bureau of Investigation, or its successor agency, for updating of\nthe National Instant Criminal Background Check System database and shall remove\nall information in any database over which the department exercises control relating\nto the person whose relief from disability is granted and shall immediately destroy\nall paper copies of the order of commitment and other documents relating to the\nmatter.\n(4) If a petition is granted under this section, the order, finding, or adjudica tion for\nwhich relief is granted shall, pursuant to Section 105(a) of Pub. L. No. 110 -180, be\ndeemed not to have occurred for purposes of 18 U.S.C. sec. 922(d)(4) and (g)(4).\n(5) The Department of Kentucky State Police shall not use or permit the use of th e\nrecords or information obtained or retained pursuant to this section for any purpose\nnot specified in this section.\n(6) The provisions of this section shall supersede any other statute to the contrary for\nthe purposes set forth in this section but otherw ise shall be held and construed as\nancillary and supplemental to any other statute.","path":["KRS Chapter 237"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=39752","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:50Z","sha256":"f851af472481378b78c12a3c22e33f0b8e1999b67c21f9ed1b235345294e2636","source_id":"us-ky","stale":false,"prev":"us-ky/krs-237.106","next":"us-ky/krs-237.109"},"notice":"GroundRules: Original legal text. Not legal advice."}