Request By:
Mr. Wayne Miller, Chief
National Firearms Act Branch
Department of the Treasury
Bureau of Alcohol, Tobacco and Firearms
Washington, D.C. 20226
Opinion
Opinion By: Frederic J. Cowan, Attorney General; Gerard R. Gerhard, Assistant Attorney General
By letter of August 19, 1991, you ask whether Kentucky has statutes regarding ownership or possession of National Firearms Act (NFA) weapons. These weapons, as indicated by your letter, include machine guns, silencers, short barreled rifles, short barreled shotguns, destructive devices, and other such weapons.
Your letter indicates approval of the transfer of such weapons is conditioned upon whether state law allows ownership or possession of such weapons within the state, and that your agency thus needs to have a correct understanding of pertinent state law.
You pose eight enumerated questions in such regard.
(1) Is there any type of weapon not allowed in Kentucky? Answer: Yes. Kentucky Revised Statute (KRS) 237.040 bans, when criminal intent is involved, and subject to certain exceptions (KRS 237.050), possession, manufacture, or transport of a "Destructive Device" or "booby trap device," as defined in KRS 237.030. Some NFA weapons may fall within the purview of KRS 237.040 and related provisions. A copy of KRS chapter 237 is enclosed for your information.
(2) If yes, does possession of a Federal Firearms license (to deal in, manufacture, import, or collect firearms) provide an exemption to the prohibition? Answer: Possibly. See KRS 237.050(2), copy enclosed.
(3) Are individual police officers exempt from any such prohibition (to possess in their private capacity, not for official duties)? Answer: No.
(4) Are there any permit, license, or registration requirements for firearms dealers, manufacturers, or importers in your state. Answer: No. None unique to such endeavors themselves.
(5) Is there a State law requirement with respect to age for ownership or possession of NFA weapons within your state? Answer: No.
(6) Does your State Law prohibit the possession of NFA firearms by aliens who have (sic) ("not" presumably inadvertently omitted) met the residency requirements of your State? Answer: No.
(7) Do you make exceptions for estate transfers, i.e., transfers to lawful heirs on bequest of a deceased owner of a registered NFA weapon? Answer: No. Not applicable.
(8) Are there any other exemptions of which we should be aware as we screen applications to transfer these weapons into or within your state? Answer: No.
We believe the answers given above are true and correct as of the date of this writing. We point out the following Kentucky statutes that, while not specific to NFA weapons, may affect possession of such weapons within Kentucky, and may be of interest to your agency. Copies of these provisions are enclosed with this response.
KRS 237.040 (see above).
KRS 514.120, regarding obscuring the identify of a machine, while not specific to NFA weapons, would apply to NFA weapons.
KRS 527.040 bans possession of a handgun by a convicted felon, subject to specific exceptions. While not specific to NFA weapons, NFA weapons might fall within the purview of KRS 527.040. Specific exceptions to the ban imposed by KRS 527.040 are provided for a convicted felon who has received a full pardon either by the Governor, or by the President of the United States (KRS 527.040(1)(a)), or who has been granted relief by the United States Secretary of the Treasury pursuant to the Federal Gun Control Act of 1968, as amended (KRS 527.040(1)(b)).
KRS 527.050 prohibits possession of a defaced firearm in Kentucky. Such prohibition, while not specific to NFA weapons, would include NFA weapons.
Should your agency need additional information, please advise.