In these pages, we refer to two types of gun laws:

1. Federal gun laws are laws that apply to all U.S. states and territories.
2. State gun laws are specific to each state or territory. 

The major differences between the two types of laws are:

• who makes the law;
• who prosecutes someone who breaks the law; and
• what the punishment is for breaking the law.

It’s important to know about both types of gun laws so you can understand all of the ways the abuser might break the law. This can help you protect yourself. In this section, we will mostly discuss your state’s gun laws. However, read our Federal Gun Laws pages to see if any federal laws also apply to your situation. 

If you believe the abuser broke the law by having a gun, you can report it to the local police. You don’t need to be able to tell the police which law or if it’s a state or federal law. However, you should know that the local police can only arrest someone for breaking a state law. They cannot arrest someone for breaking a federal law. Only federal law enforcement can do that. The federal law enforcement agency that handles gun issues is the Bureau of Alcohol, Tobacco, and Firearms (“ATF”). If the abuser broke state and federal laws, s/he might be prosecuted in both state and federal courts.

If you believe the abuser broke a federal law, you can also contact the ATF directly to report it. To learn how, go to Who do I notify if I think the abuser should not have a gun? 

In Kentucky, any person is legally allowed to carry a concealed firearm without a license as long as s/he is:

• 21 years old or older; and
• legally allowed to possess a firearm.¹

Concealed carry permits are available in Kentucky, but they are optional.¹ If a person does choose to apply for one, s/he will have to complete a safety class and pass a background check. There are also a number of restrictions involving controlled substances, alcohol abuse, certain criminal convictions, and more.² You can read the law about concealed carry permits on our Selected Kentucky Statutes page.

¹ Ky. Rev. Stat. § 237.109(1)
² Ky. Rev. Stat. § 237.110(4)

Kentucky does not have a law that prevents someone who has any kind of protective order against him/her from owning or buying any kind of gun.¹

Furthermore, the federal laws that restrict gun ownership while a protective order is in effect do not apply to the types of relationships covered by a TIPO or an IPO.² Go to our Federal Gun Laws page for more information.

¹ See Domestic Violence & Firearms in Kentucky, Giffords Law Center
² 18 U.S.C. § 922(g)(8)(B)

Criminal records are open to the public, but they are not always easy to get to. If you know which courthouse the abuser’s case was in, you can go there and ask the clerk of court for access to those records.

Some criminal records are also kept in the federal government’s National Instant Criminal Background Check System (NICS). However, only law enforcement officials and licensed firearm sellers are allowed to search the NICS. Your local police department may be willing to search NICS for you if you ask, but they don’t have to.

To read more about the NICS and background checks for gun buyers, see What will happen if the abuser tries to buy a gun?

If you think the abuser broke a state gun law, you can call the local police, the sheriff’s department, or the State Police.

If you think the abuser broke a federal gun law, you can contact the U.S. Bureau of Alcohol, Tobacco, and Firearms (ATF). There are several different ways to do this:

1. The ATF has a hotline for reporting illegal gun activity at 1-800-ATF-GUNS (1-800-283-4867).
2. The ATF also has both an app and a website to allow people to submit anonymous tips. There is more information on their website.
3. There is a list of ATF field offices in Kentucky on the ATF website if you would like to speak to someone local.

Many ATF offices have victim advocates, called “victim/witness coordinators.” You can ask to speak with one of these advocates if you are having a hard time reaching an ATF officer.

A domestic violence organization in your area may also be able to answer your questions and help you talk to the right law enforcement officials. You can find contact information for organizations in your area on our Kentucky Advocates and Shelters page.

Note: Generally, a person does not need to know the law to be arrested for breaking it. If the abuser has or buys a gun in violation of the law, s/he can be arrested, whether or not s/he knows that s/he broke the law.¹

¹ United States v. Lippman, 369 F. 3d 1039 (8th Cir. 2004); United States v. Henson, 55 F. Supp. 2d 528 (S.D. W.V. 1999)

Under Kentucky state law, if a convicted felon has a handgun in his/her possession, s/he can be charged with a Class C felony.¹ If a person is convicted of a Class C felony, s/he can be sentenced to:

• between five and ten years in prison;
• pay a fine of between $1,000 and $10,000; or
• both, prison time and a fine.²  

Possession of any other firearm by a convicted felon is a Class D felony.¹ It’s also a Class D felony if a person who knows that it’s against the law for him/her to have a firearm:

• provides materially false information to a licensed dealer or private seller; or
• otherwise tries to persuade the dealer or seller to transfer a firearm to him/her.³

If a person is convicted of a Class D felony, s/he can be sentenced to:

• between one and five years in prison;
• a fine of between $1,000 and $10,000; or
• both, prison time and a fine.⁴  

Also, anyone who owns, has or buys a gun in violation of the federal firearm law can be punished by a fine, up to ten years in prison, or both.⁵ Go to our Federal Gun Laws page for more information.

¹ Ky. Rev. Stat. §§ 527.040(2) 
² Ky. Rev. Stat. §§ 532.060(2)(c); 534.030(1)
³ Ky. Rev. Stat. § 527.090
⁴ Ky. Rev. Stat. §§ 532.060(2)(d); 534.030(1)
⁵ 18 U.S.C. § 924(a)(2)

Kentucky’s laws do not prohibit the possession of a firearm unless a person has a felony criminal conviction.¹ However, federal laws, which apply to all states, may restrict an abuser’s right to have a gun under other circumstances. Go to our Federal Gun Laws page for more information.

If these situations do not apply, you can still plan for your safety. See our Safety Planning page for more information. You can also contact your local domestic violence organization for help in making a personalized safety plan. See our Kentucky Advocates and Shelters page for referrals.

For more information on gun laws in Kentucky, you can go to the Giffords Law Center website.

¹ See Ky. Rev. Stat. § 527.040; see also Firearm Prohibition Laws in Kentucky, Giffords Law Center