Ky. Cir. Ct. Clerks' Manual FIREARM PROHIBITIONS

42 FIREARM PROHIBITIONS

18 U.S.C. 922(d)(4),(g)(4); KRS 237.108 Process Map

A court that orders a commitment or makes a finding or adjudication of mental defectiveness shall

order the circuit clerk to forward the person's name and nonclinical identifying information,

including the person's Social Security number and date of birth, along with a copy of the order of

commitment to the KSP for inclusion in the NCIC. 18 U.S.C. sec. 922(d)(4) and (g) (4); KRS 237.108.

 Whether or not a person is subject to a firearm prohibition is a legal determination that

must be made by a judge.

 A commitment, finding, or adjudication involving the following may subject the

respondent/defendant to become subject to the provisions of 18 U.S.C. sec. 922(d)(4) and

(g)(4):

• Involuntary Treatment (-Substance Use Disorder);

• Involuntary Hospitalization and Involuntary Intellectually Disabled Admission;

• Disability Determination;

• Medical Examination or Treatment of a Juvenile;

• An order from the court showing the defendant incompetent to stand trial; not

guilty by reason of insanity; or guilty but mentally ill.

42.1 Electronic Firearms Notification Processing

Orders submitted electronically may be processed by the clerk through the Clerk’s eQueue.

See KYCourts Manual for additional information on processing electronic firearms

notification through the Clerk’s eQueue. Firearms notifications processed through eQueue

will generate an NFP document code in KyCourts and the AOC Form 31 image will be

transmitted electronically along with any existing personal identifying data to Kentucky

State Police. You do not need to send the paper AOC 031 form manually to the Kentucky

State Police.

Best practice: AOC-031 Notice of Firearm Prohibitions should be processed immediately

upon receipt. If the record has not been returned with the AOC-031, prepare an OUT card

and place as substitute for the file.

The personal identifier information (PII) data elements (DOB, Gender, Race, and SSN or DLN)

are transmitted electronically to KSP. Four of the PII data elements are required in order for

KSP to enter the Notice of Firearm Prohibition in their repository and transmitted to NCIC. If

one or more personal identifiers are missing, the NFP will not be entered in the federal

system and the individual could purchase a firearm.

FIREARM PROHIBITIONS

42.2 Manual Firearms Notification Processing

If the notification is not processed electronically follow the steps below including distribution

of the NFP image to Kentucky State Police.

Quick Reference

1. Upon receipt of any of the below forms apply the FILED stamp, add the File, date, initial

date and your initials.

• AOC Form 700A – Verified Petition of Involuntary Treatment AOC Form 700A

(Substance Use Disorder)

• AOC Form 710 – Verified Petition for Involuntary Hospitalization and AOC Form 710

Involuntary Intellectually Disabled Admission

AOC Form 740

• AOC Form 740 – Petition to Determine if Disabled

AOC JV-23

• AOC JV-23 – Verified Petition For Involuntary Hospitalization, or

• An order from the court showing the defendant incompetent to stand

trial; not guilty by reason of insanity; or guilty but mentally ill.

2. Complete a document screen using the appropriate document code:

• AOC 700A –PIHAD AOC 700A − PIHAD

• AOC 710 – PIH, PIA AOC 710 − PIH, PIA

• AOC 740 – PDD AOC 740 − PDD

• AOC JV-23 – PIH AOC JV-23 − PIH

• An order from the court showing the defendant incompetent to stand

trial; not guilty by reason of insanity; or guilty but mentally ill. INC;

see codes in KyCourts. Quick Reference

3. Provide the petitioner with AOC Form 034 (Personal Identifier Data Sheet) AOC Form 034

to complete and return to the clerk.

4. Place a blank AOC Form 031 (Notice of Firearm Prohibitions) in the case file AOC Form 031

for use by the judge in the event the judge determines the respondent is

subject to 18 U.S.C. 922(g)(4), (d)(4); KRS 237.108.

5. Upon receipt of a signed AOC Form 031 (Notice of Firearm Prohibitions), Enter, date, initial

apply the ENTERED stamp; add the date and your initials. File on a

document screen using document code NFP. Enter the personal Document type NFP

identifying data from AOC 031 (Notice of Firearm Prohibition) into

KYCourts for electronic distribution to Kentucky State Police.

NOTE: If user mistakenly enters document code of NFP it should not be deleted. Memo that it

was entered in error and send a manual copy denoting same to the Kentucky State Police.

KYCourts is not capable of removing the notice from KSP.

FIREARM PROHIBITIONS

NOTE: AOC-031 Notice of Firearm Prohibitions should be processed immediately

Quick Reference

upon receipt. If the record has not been returned with the AOC- 031, prepare

an OUT card and place as substitute for the file.

File, date, initial

6. Upon receipt of a completed AOC Form 034 apply the FILED stamp; add

the date and your initials. Add on a document screen using document type Document code

PIDMD. Enter the personal identifying information submitted on the PIDMD

Personal Identifier Data Sheet into KYCourts for electronic distribution to

Kentucky State Police.

Distribute copies

7. Distribute copies of AOC Form-031 (Notice of Firearm Prohibition) per the

distribution list on the bottom of the form. Send a copy of any manually Manually

processed NFPs not processed through eQueue to the Kentucky State processed NFPs

Police. KSP will receive these copies by email at KSP.NICS@ky.gov. must also be sent

to KSP at

NOTE: If the process for firearms notification begins manually (paper), the KSP.NICS@ky.gov

process will remain manual and the AOC Form 031 is required to be transmitted

via email to KSP for federal reporting compliance.

42.3 Petition

1. Upon receipt of AOC Form 032 (Petition/Motion for Removal of Firearm Quick Reference

Prohibitions), apply the FILED stamp, add the date and your initials. AOC Form 032

Complete a document screen using document code PRFP. File, date, initial

Document code

5. Schedule a hearing on the scheduled events screen using event type PRFP

MH. Add motion type MOT – Motion Other and memo firearms

prohibition. Complete the Notification of Hearing section of AOC Form AOC Form 032

032 (Petition/Motion for Removal of Firearm Prohibition) and send

per distribution list on bottom on form. Event Type: MH

Motion Type: MOT

42.4 Order

1. Upon receipt of AOC Form 033 (Order Granting/Denying Petition/Motion AOC Form 033

for Removal of Firearm Prohibitions), apply the ENTERED stamp, add the Enter, date, initial

date and your initials. If granted, use document code OGRFP. If denied, Document code

use document code ODRFP. OGRFP

Document code

2. Distribute copies per list on bottom of AOC 033 (Order Granting/Denying

Petition/Motion for Removal of Firearm Prohibition). ODRFP

Distribute copies

NOTE: Send copy to Kentucky State Police if petition has been granted.

Mail to: Criminal Identification Records Branch, Kentucky State Police. Criminal

Identification

Records Branch

Kentucky State

Police

1266 Louisville Rd

Frankfort, KY 40601