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Legislation tries to resolve issue of new handguns for state police
Concerns on safety led agency to shelve one pistol model
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By Joe Biesk
Associated Press
FRANKFORT, Ky. -- The Kentucky State Police armory has been filled with a stockpile of more than 1,000 unused handguns since last spring because of a swirling debate about their reliability.
Now, in the waning days of the General Assembly's short session, a bill awaiting Senate action would prohibit state police officials from ever issuing those pistols.
The measure, which has passed the House, also would allow officials to dip into a state fund -- now earmarked for local law-enforcement agencies -- to buy new guns.
Questions have circulated among state troopers and administrators about the guns' reliability for some time -- even before the pistols were obtained in a gun-for-gun trade.
On-duty state troopers have used 10mm Smith & Wesson Model 1076 handguns for approximately the past decade, officials said. But questions about their wear and tear arose more than two years ago after an annual inspection, according to documents obtained by The Associated Press.
State police inspectors had concerns about some duty guns that had metal missing near the magazine safety, prompting questions to the manufacturer about their continued performance and safety, according to records.
Months later, the company offered state police a swap for the 1,200 older guns in exchange for 1,200 brandnew Smith & Wesson .45-caliber pistols -- specifically the Model 4566TSW, documents show.
Officials agreed to the deal last year, despite grumblings from troopers who felt the guns were not best suited for their needs. Then-State Police Commissioner Ishmon Burks, now the state's Justice Cabinet secretary, eventually agreed to the exchange, said John Lile, Justice Cabinet deputy secretary.
''Commissioner Burks, at the time, had the .45s tested by a committee. They were found to be reliable, and he signed a contract with Smith & Wesson for that weapon,'' Lile said. ''Part of it was a savings to the commonwealth.''
An added benefit in the agreement was state police would not have had to pay for new leather holsters, Lile said.
The deal itself called for the state police to trade in the old guns, with troopers having the option to buy the weapons they were using for $370.
But the deal met with strong opposition from troopers, said Rep. Bob Damron, D-Nicholasville.
According to a state police memo, an internal survey of nine state police officers ranging from trooper to executive security staff -- performed months after the trade -- found the guns ranked last out of nine weapons they tested.
One memo from a group of state police academy firearms trainers -- dated months before the swap -- recommended officials look into buying a type of .40-caliber Glock should the agency ever consider new guns.
''To choose something else . . . would be a disservice to our brothers and sisters in the field,'' said the memo, which was signed by a trooper and three sergeants.
Sgt. Alex Payne, a firearms instructor for the state police, said he wrote that letter. He said he was puzzled later when he heard of the deal to acquire the new guns.
''You just kind of shake your head, 'Why?' '' Payne said. ''That's all you could ask.''
Of the 1,200 guns acquired in the trade, state police ran 114 of them through a battery of tests last summer. ''It appears there was about a 15 or 16 percent failure rate and that there were some stoppages,'' Lile said.
The state police may have an independent agency test the guns to determine their reliability, Lile said.
Nevertheless, Damron, the legislator who sponsored the House proposal, said he feels the guns should be auctioned off as collector's items.
Lile said cabinet officials are preparing to testify before a Senate committee this week about the situation, which potentially could wind up in court. He said there are still some questions that need to be answered concerning the guns' reliability.
Smith & Wesson spokesman Ken Jorgensen said negotiations between the company and the state are continuing.
''I understand there's still some discussions going on and we hope for an amicable resolution,'' he said.
Under Damron's proposal, state troopers would be allowed to buy back their current 10mm Smith & Wesson guns. The state could then auction off any remaining old pistols, along with the new .45-caliber ones, Damron said.
Damron's bill also would allow the state police up to $400,000 from a fund generated through the sale of confiscated weapons. That money, he said, would be used to pay for extra expenses in arming the troopers.
The state could realize at least $500 for each of those guns because most have never been used and they have a Kentucky State Police emblem, Damron said. He said he believes that would make them collector's items.
Money from the auction would be used to pay off the state's bill from Smith & Wesson.
Damron said the legislation is intended for state police officials to then buy the guns the troopers want.
''My main intent on this whole process is to facilitate the officers' having what they want,'' Damron said. ''And that's the only people I care about.''
But state police officials have not decided whether they want to sell the newer guns or even whether they actually have problems with their reliability, Lile said. Nor have officials decided on a particular gun they would buy should they decide to make another change, he added.
If, through further testing, the guns are determined to be reliable, Lile said, troopers may reconsider their opinions. And some of the troopers' opinions could be based on their personal preferences, Lile said.
''The cabinet's position is that we want to have the most reliable weapon. We are concerned about the safety of the troopers,'' Lile said. ''But we also have a contract with Smith & Wesson, and the question is: 'Is the weapon reliable or not?' ''
Still, troopers' minds seem to be set.
''I hope eventually that the right thing's done. It's not a personal, 'I like this over I like that,' '' Payne said. ''It comes down to what's best for the men and women in the field. It's what would best serve them -- that's the bottom line.''
http://www.courierjournal.com/localnews/2003/02/24/ke022403s371576.htm
Concerns on safety led agency to shelve one pistol model
--------------------------------------------------------------------------------
By Joe Biesk
Associated Press
FRANKFORT, Ky. -- The Kentucky State Police armory has been filled with a stockpile of more than 1,000 unused handguns since last spring because of a swirling debate about their reliability.
Now, in the waning days of the General Assembly's short session, a bill awaiting Senate action would prohibit state police officials from ever issuing those pistols.
The measure, which has passed the House, also would allow officials to dip into a state fund -- now earmarked for local law-enforcement agencies -- to buy new guns.
Questions have circulated among state troopers and administrators about the guns' reliability for some time -- even before the pistols were obtained in a gun-for-gun trade.
On-duty state troopers have used 10mm Smith & Wesson Model 1076 handguns for approximately the past decade, officials said. But questions about their wear and tear arose more than two years ago after an annual inspection, according to documents obtained by The Associated Press.
State police inspectors had concerns about some duty guns that had metal missing near the magazine safety, prompting questions to the manufacturer about their continued performance and safety, according to records.
Months later, the company offered state police a swap for the 1,200 older guns in exchange for 1,200 brandnew Smith & Wesson .45-caliber pistols -- specifically the Model 4566TSW, documents show.
Officials agreed to the deal last year, despite grumblings from troopers who felt the guns were not best suited for their needs. Then-State Police Commissioner Ishmon Burks, now the state's Justice Cabinet secretary, eventually agreed to the exchange, said John Lile, Justice Cabinet deputy secretary.
''Commissioner Burks, at the time, had the .45s tested by a committee. They were found to be reliable, and he signed a contract with Smith & Wesson for that weapon,'' Lile said. ''Part of it was a savings to the commonwealth.''
An added benefit in the agreement was state police would not have had to pay for new leather holsters, Lile said.
The deal itself called for the state police to trade in the old guns, with troopers having the option to buy the weapons they were using for $370.
But the deal met with strong opposition from troopers, said Rep. Bob Damron, D-Nicholasville.
According to a state police memo, an internal survey of nine state police officers ranging from trooper to executive security staff -- performed months after the trade -- found the guns ranked last out of nine weapons they tested.
One memo from a group of state police academy firearms trainers -- dated months before the swap -- recommended officials look into buying a type of .40-caliber Glock should the agency ever consider new guns.
''To choose something else . . . would be a disservice to our brothers and sisters in the field,'' said the memo, which was signed by a trooper and three sergeants.
Sgt. Alex Payne, a firearms instructor for the state police, said he wrote that letter. He said he was puzzled later when he heard of the deal to acquire the new guns.
''You just kind of shake your head, 'Why?' '' Payne said. ''That's all you could ask.''
Of the 1,200 guns acquired in the trade, state police ran 114 of them through a battery of tests last summer. ''It appears there was about a 15 or 16 percent failure rate and that there were some stoppages,'' Lile said.
The state police may have an independent agency test the guns to determine their reliability, Lile said.
Nevertheless, Damron, the legislator who sponsored the House proposal, said he feels the guns should be auctioned off as collector's items.
Lile said cabinet officials are preparing to testify before a Senate committee this week about the situation, which potentially could wind up in court. He said there are still some questions that need to be answered concerning the guns' reliability.
Smith & Wesson spokesman Ken Jorgensen said negotiations between the company and the state are continuing.
''I understand there's still some discussions going on and we hope for an amicable resolution,'' he said.
Under Damron's proposal, state troopers would be allowed to buy back their current 10mm Smith & Wesson guns. The state could then auction off any remaining old pistols, along with the new .45-caliber ones, Damron said.
Damron's bill also would allow the state police up to $400,000 from a fund generated through the sale of confiscated weapons. That money, he said, would be used to pay for extra expenses in arming the troopers.
The state could realize at least $500 for each of those guns because most have never been used and they have a Kentucky State Police emblem, Damron said. He said he believes that would make them collector's items.
Money from the auction would be used to pay off the state's bill from Smith & Wesson.
Damron said the legislation is intended for state police officials to then buy the guns the troopers want.
''My main intent on this whole process is to facilitate the officers' having what they want,'' Damron said. ''And that's the only people I care about.''
But state police officials have not decided whether they want to sell the newer guns or even whether they actually have problems with their reliability, Lile said. Nor have officials decided on a particular gun they would buy should they decide to make another change, he added.
If, through further testing, the guns are determined to be reliable, Lile said, troopers may reconsider their opinions. And some of the troopers' opinions could be based on their personal preferences, Lile said.
''The cabinet's position is that we want to have the most reliable weapon. We are concerned about the safety of the troopers,'' Lile said. ''But we also have a contract with Smith & Wesson, and the question is: 'Is the weapon reliable or not?' ''
Still, troopers' minds seem to be set.
''I hope eventually that the right thing's done. It's not a personal, 'I like this over I like that,' '' Payne said. ''It comes down to what's best for the men and women in the field. It's what would best serve them -- that's the bottom line.''
http://www.courierjournal.com/localnews/2003/02/24/ke022403s371576.htm
