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According to Louisville Mayor Craig Greenberg, the rifle used to kill five people and injure several others, Monday during a mass shooting, will eventually end up on the auction block.
Ky. law requires seized guns used in crimes be auctioned off
In 1998, state lawmakers passed a Kentucky law requiring all guns “confiscated by a state or local law enforcement agency”—including those used in crimes—be turned over to Kentucky State Police (KSP).
KSP then sells those guns to federally licensed firearms dealers at public auctions.
The law also prohibits local agencies from destroying confiscated firearms.
“It's time to change this law,” Greenberg said, during an April 11 press conference. “Let us destroy illegal guns and destroy the guns that have been used to kill our friends and kill our neighbors."
LMPD, KSP respond to Greenberg’s statements
When asked if the rifle used in Monday’s mass shooting would end up with KSP to auction off, the Louisville Metro Police Department (LMPD) would not directly comment.
“While trying to be as transparent as possible, [LMPD] has to protect the integrity of this investigation,” an LMPD spokesperson said.
KSP did not answer specific questions regarding the gun used in the mass shooting, but an agency spokesperson provided the following statement:
“Kentucky State Police is required to comply with state laws as they are passed. Pursuant to KRS 500.090 and KRS 16.220, all firearms and ammunition confiscated by a state or local law enforcement agency are required to be transferred to the Kentucky State Police for disposition through a public auction to federally licensed firearms dealers.”
Greenberg’s pleas garner national attention
Greenberg addressed the issue on April 11 during a press conference, in front of local and national media outlets.
“To those in the national media that are joining us here today, this may be even more shocking than it is to those of us locally,” Greenberg said. “The assault rifle that was used to murder five of our neighbors and shoot at rescuing police officers will one day be auctioned off.”
The mayor is asking state lawmakers to give Louisville the autonomy to deal with its “unique gun violence epidemic.”
Greenberg has support from some local leaders, including Metro Council President Markus Winkler (D–17).
“I think the mayor's point about the firearm—the thought that it could end up back in someone else's hands because it's auctioned off—really defies logic,” Winkler said. “How many more of these events does it take before our leaders in Frankfort, our leaders in Washington [D.C.], come together to find common ground?”
Winkler said Metro Council has little to no ability to address the firearms issue at the local level.
“Quite frankly, we're limited. We have, really, no authority to have any sort of regulatory control over any of these issues,” he said. “That's very frustrating.”
That’s due to another Kentucky law, passed in the 1980s and amended in 2012.
It bars elected officials and local public agencies from passing firearms-related ordinances.
Specifically, the law prohibits policies addressing the “regulation of the manufacture, sale, purchase, taxation, transfer, ownership, possession, carrying, storage, or transportation of firearms, ammunition, components of firearms, components of ammunition, firearms accessories, or combination thereof.”
Supporters say firearms auctions benefit the state
Those in support of auctioning off seized guns say it provides important funding to law enforcement agencies across the state.
Former KSP Commissioner and current Jeffersontown Police Chief Rick Sanders favors the law but said both sides have valid arguments.
“I see both sides here,” Sanders said. “If I were a victim of a serious crime, I wouldn’t like to see that firearm [auctioned off].”
However, Sanders said the money generated from state auctions is vital to the operations of Kentucky’s smaller police departments.
According to the law, KSP receives 20% of the proceeds. The remaining proceeds made from auctions are sent to the Kentucky Office of Homeland Security (KOHS).
KOHS allocates the remaining proceeds to the state’s police departments and law enforcement agencies.
The funding provides departments with tools and resources like body armor, firearms, ammunition, electronic control devices, electronic control weapons, body-worn cameras, etc.
Lawmakers have tried, failed to pass bills addressing the issue
In recent years, Kentucky lawmakers have introduced legislation with the aim of easing state restrictions on what local governments can/cannot do to address gun policies. Though, they’ve seen little success.
This most recent legislative session, state rep. Keturah Herron (D-Louisville), filed House Bill 326.
The bill would have created a new state agency, the Office of Safer Communities, to address gun violence through the lens of public health.
The bill was assigned to a committee but didn’t advance any further.
“It is my goal to continue to push for that piece of policy to be passed,” Herron said.
Greenberg is also pushing for state legislation to be passed. Tuesday, he called for bipartisan collaboration from state lawmakers.
“We need help from our friends in Frankfort,” Greenberg said. “This isn't about partisan politics; this is about life and death. This is about preventing tragedies.”
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