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Friday, March 08, 2002

Six accused of skirting gun permit law




By Steve Bailey
The Associated Press

        LEXINGTON — Six eastern Kentucky men, including two Floyd County deputy sheriffs, were indicted on federal charges Thursday for alleged roles in improperly certifying applicants for concealed weapons permits.

        The men were firearms instructors who receive up to a $75 fee from each person they train who seeks a permit, or were brokers for the trainers, said Gregory Van Tatenhove, U.S. attorney for the Eastern District of Kentucky.

        The indictments, handed down Thursday morning by a federal grand jury in Lexington, allege that the men were involved in providing less than the required amount of training but still certifying applicants.

        Charged with one count each of federal mail fraud were Ricky Thornsberry, 42, of Prestonsburg, and Herman Morris, 41, of Ivel — both Floyd County deputies — Frankie L. Marcum, 37, of Manchester; Mark Taylor, 44, of Tyner; Gary Rogers, 46, of Blackey; and Ron Burns, 62, of Oneida.

        “The vast majority of Kentucky's gun owners understand both the rights and responsibilities that come with owning a firearm,” Mr. Van Tatenhove said.

        “The alleged actions of those indicted jeopardize those rights for all of us. More troubling, though, is that this form of public corruption has the potential to jeopardize our safety.”

        According to the state Department of Criminal Justice Training, 753 people statewide are certified to conduct the concealed-weapons training. More than 71,000 Kentuckians hold licenses to carry concealed weapons.

        The training certificates sent to permit-seekers are delivered through the mail, prompting the mail fraud charge. If convicted, each of the six men faces a potential penalty of five years in prison, a $250,000 fine or both.

        Lanny Miller, agent in charge of the U.S. Postal Inspection Office in Lexington, said the investigation will continue and that additional indictments could be forthcoming.

        The alleged fraud could affect up to 3,000 individuals, though only 120 permits obtained through incomplete training have been seized so far, said Barbara Jones, general counsel for the state Justice Cabinet.

        “All license holders discovered through this investigation who have not received mandatory training will have their licenses revoked immediately,” Ms. Jones said. “We also will be sending letters to trainees who have not yet applied for licenses, indicating that they may have been misled regarding the training requirements.”

        Those affected will have to verify the content of their training by March 28 or go through the training process again, she said.

        There are specific training requirements for persons seeking concealed-weapons permits. Each applicant must complete an eight-hour class that covers firearms safety, laws relating to use of deadly force, and principles of marksmanship.

        A common place to receive training in Northern Kentucky is Marks Guns Inc. on Dixie Highway in Florence because it has an indoor gun range, making it possible to complete the course in one day.

        The classes cover all aspects of the law, said Keith Kinser of Marks Guns, focusing on when one can legally use deadly force. The classes are not meant to be shooting lessons, and the trainers are not supposed to instruct people on how to shoot.

        The class consists of watching four or five hours of videos, some lecture, a gun inspection and target practice.

        After the video and lecture, students must pass a test. They then have to hit a man-sized silhouette 11 out of 20 times from seven yards away.

        After the training, the instructor issues the trainee a certificate to take to the local sheriff's office. The sheriff runs a background check and a permit is issued within a few weeks. The permits are picture identification cards that look similar to a driver's license.

        The total cost of getting a permit is $135. Sixty dollars goes to the sheriff's department, $50 to the instructor and $25 to the state. Permits must be renewed every five years, with a renewal charge of $60.

        Mr. Taylor and Mr. Burns are alleged to have served as brokers for Mr. Marcum and Mr. Rogers, respectively, assisting the instructors in locating people interested in obtaining concealed-carry permits.

        According to the indictments, the six were involved in schemes to defraud by falsifying documents certifying the required training was completed when they knew it was not.

       



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