502 KAR 13:030. Range qualification 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 237.110, 237.138,
237.140, 237.142, 18 U.S.C. 926C
STATUTORY AUTHORITY: KRS 237.140
NECESSITY, FUNCTION, AND CONFORMITY: KRS
237.140 provides for the certification of honorably retired elected or appointed
peace officers to carry a concealed deadly weapon pursuant to 18 U.S.C. 926C
and requires the Kentucky State Police to promulgate administrative regulations
to implement the certification provisions. This administrative regulation
establishes the requirements and procedures for range qualification for
certification.
Section 1. Perform Live-firing Exercises.
An applicant shall annually qualify for certification by performing a
live-firing exercise in which the applicant is required to:
(1) Fire from a safe position;
(2) Perform without receiving any
assistance in holding, aiming, or firing from the instructor or any other
person; and
(3) Meet the marksmanship qualification
requirement for a retired peace officer as specified in KRS 237.140(4)(a).
Section 2. Supervision of Live-firing
Exercise. The live-firing exercise shall be supervised as required by KRS
237.140(4)(b).
Section 3. Live-Firing Exercise
Procedures and Grading. (1) If the live-firing exercise is conducted at a
facility or range that requires a training instructor or range officer to clear
or directly supervise and assist in the clearing of all firearm jams or
malfunctions, the clearing of a firearm jam or malfunction by a certified
firearms instructor or facility range officer in accordance with that policy
shall not constitute prohibited assistance to an applicant for the purposes of
Section 1(2) of this administrative regulation.
(2) An applicant shall provide a safe,
functional handgun and factory-loaded ammunition.
(3) Prior to conducting range firing, the
firearms instructor shall:
(a) Inspect each applicant’s firearm; and
(b) Not allow the firing of a handgun
that the instructor has reason to believe is not in sound mechanical condition
or otherwise may pose a safety hazard.
(4) A passing grade shall not be given on
range work to an applicant who:
(a) Does not follow the orders of the
firearms instructor;
(b) In the judgment of the firearms
instructor, handles a firearm in a manner that poses a danger to the applicant
or to others; or
(c) Fails to meet the marksmanship
qualification requirement for a retired peace officer as specified in KRS
237.140(4)(a).
(5) If the applicant successfully
completes the live-firing exercise, the firearms instructor shall mail or hand
deliver the completed "Peace Officer Range Qualification Certification -
LEOSA," KSP Form Number 123, showing the applicant’s successful completion
of the live-firing exercise to the applicant within five (5) business days.
Section 4. Incorporation by Reference.
(1) "Peace Officer Range Qualification Certification-LEOSA," KSP 123,
07/05, is incorporated by reference.
(2) This material may be inspected,
copied, or obtained, subject to applicable copyright law, at the Criminal
Identification and Records Branch, Kentucky State Police, 1250 Louisville,
Road, Frankfort, Kentucky 40601, Monday through Friday 8 a.m. to 4:30 p.m. The
phone number for the Criminal Identification and Records Branch is (502)
227-8700. (34 Ky.R. 1313; Am. 1723; eff. 2-1-2008.)