On 6/20/07, I submitted the following to the Kentucky State Police Commissioner via email:
"I have been denied a Concealed Carry Permit.
KRS 237.110 Section 9, B requires the State Police to, "notify the applicant in writing, stating the grounds for denial," and to, "inform the applicant within twenty (20) days of the result of the reconsideration."
I was not given the specific reason for denial, other than a KRS section number. It has been over 30 days since the KSP received my appeal with no response."
Their response on 6/22/07 via email:
"The Kentucky State Police (KSP) currently have a significant backlog of requests for issuance and/or renewal of carry concealed deadly weapons licenses. The KSP regrets any inconvenience, and will process your request for reconsideration as soon as circumstances allow."
Still no response. Yet, 237.110 License to carry concealed deadly weapon requires: "the Department of Kentucky State Police shall reconsider its decision and inform the applicant within twenty (20) days of the result of the reconsideration."
Since the KSP Commissioner, the Lieutenant over this division and the Commonwealth Attorney General have all been notified of this, it's about time someone was arrested.
KRS 522.030 Official misconduct in the second degree.
(1) A public servant is guilty of official misconduct in the second degree when he
(b) Refrains from performing a duty imposed upon him by law or clearly
in the nature of his office; or
(c) Violates any statute or lawfully adopted rule or regulation relating
(2) Official misconduct in the second degree is a Class B misdemeanor.
502.020 Liability for conduct of another -- Complicity.
(1) A person is guilty of an offense committed by another person when, with the
intention of promoting or facilitating the commission of the offense, he:
(c) Having a legal duty to prevent the commission of the offense, fails to make a
proper effort to do so.
(2) When causing a particular result is an element of an offense, a person who acts with
the kind of culpability with respect to the result that is sufficient for the commission
of the offense is guilty of that offense when he:
(c) Having a legal duty to prevent the conduct causing the result, fails to make a
proper effort to do so.
I'm sure if I kept looking, I could find more. However, this is more than enough to start. Maybe a Commonwealth Attorney will do his job and add the appropriate additional charges: official mismanagement, mismanagement of funds, conspiracy?
At the very least, since these officials believe "running behind" is a valid excuse for committing misdemeanors and felonies, you can use that the next time a KSP Trooper pulls you over for speeding.