Request By:
Honorable Robert L. Madon
Mayor-Elect
City of Pineville
Municipal Building
Pineville, Kentucky 40977
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of December 7 in which you refer to the fact that Mr. Simon Brock is presently acting Police Chief for the city of Pineville. You request an opinion concerning the legality of Mr. Brock's holding the office in question and carrying firearms because of a felony conviction. You attach a copy of a certification covering the restoration of Mr. Brock's civil rights signed by former Governor Ford, and also a letter granting him relief from the federal firearms disability act from the Department of Treasury. Under the circumstances, you raise the following questions:
"1. Does the pardon restoring rights of citizenship allow Mr. Brock to be Police Chief and carry a firearm.
"2. Is there anything under Kentucky law that would prohibit him from being a chief and carry firearms. "
In order for a convicted felon to be qualified to vote and hold public office in this state his civil rights must be restored by an executive pardon of the governor as authorized in § 145 and § 150 of the Constitution. In addition and in order for a convicted felon to possess a handgun, he must be granted, pursuant to KRS 527.040, (a) full pardon by the governor or by the President of the United Stated, or (b) relief by the U.S. Secretary of the Treasury pursuant to the Federal Gun Control Act of 1968. Under the Federal Gun Control Act, Public Law 90-351, Title VII, § 1203, the executive pardon must expressly include the right to possess a firearm. Subsection (2) of § 1203 pertains to exemptions with respect to unlawful possession of firearms and reads as follows:
"This title shall not apply to -
* * *
"(2) any person who has been pardoned by the President of the United States or the chief executive of a State and has expressly been authorized by the President or such chief executive, as the case may be, to receive, possess, or transport in commerce a firearm. "
You will note from the above that both KRS 527.040 and § 1203 of the Federal Gun Control Act authorize the restoration of a felon's right to possess firearms pursuant to an authorization by the U.S. Secretary of the Treasury or such other chief executive as may be authorized to do so besides the President of the United States. As a consequence, the letter relieving Mr. Brock from the federal firearms disability pursuant to 18 USC 925 (c) is sufficient authorization in our opinion to restore Mr. Brock's right to bear firearms. At the same time, the governor's restoration of his civil rights is sufficient, we believe, to restore Mr. Brock's right to vote and to hold public office pursuant to Sections 145 and 150 of the Kentucky Constitution.
Under the circumstances, we believe Mr. Brock is qualified to hold the office of Police Chief and carry a firearm in the performance of his duties.