Kentucky: State Gun Laws
State Gun Laws
Basic Info and Definitions
¿Cuál es la diferencia entre leyes sobre armas de fuego federales y estatales? ¿Por qué necesito entender ambos?
In these pages, we refer to two types of gun laws:
- Federal gun laws are laws that apply to all U.S. states and territories.
- 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 the local police believe the abuser broke a… | Then they can… |
---|---|
state gun law | arrest the abuser and hand the case over to the local prosecutor. |
federal gun law | tell the ATF or the federal prosecutor, called the U.S. Attorney, in your state. |
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?
What is the definition of a felony in Kentucky?
A felony is a more serious crime than a misdemeanor. It is defined under Kentucky law as a crime that is punishable by a prison sentence of at least one year.1
1 Ky. Rev. Stat. § 500.080(5)
Does a person need a license to carry a concealed firearm in Kentucky?
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)
I am a victim of domestic violence and the abuser has a gun. Is that legal?
Kentucky law prohibits possession of a firearm by anyone convicted of a felony after July 15, 1994, even if the person was convicted as a “youthful offender.”1
Also, federal laws, which apply to all states, restrict an abuser’s right to have a gun if:
- s/he was convicted of a felony;
- s/he was convicted of a domestic violence misdemeanor; or
- if you have a final domestic violence order (DVO) against him/her that meets certain requirements.2
Go to our Federal Gun Laws page for more information.
1 Ky. Rev. Stat. § 527.040(1), (3); see also Domestic Violence & Firearms in Kentucky, Giffords Law Center
2 18 U.S.C. §§ 922(g)(8); 921(a)(32)
Guns and Domestic Violence Orders
I have a temporary or final domestic violence order (EPO or DVO) against the abuser. Can s/he keep a gun or buy a new gun?
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
However, federal laws restrict an abuser’s right to have a gun if you have a final domestic violence order against him/her that meets certain requirements. Federal laws apply to all states and territories. Go to our Federal Gun Laws page for more information.
1 See Domestic Violence & Firearms in Kentucky, Giffords Law Center
I have a temporary or final interpersonal protective order (TIPO or IPO) against the abuser. Can s/he keep a gun or buy a new gun?
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)
Is there anything I can do to make it more likely that the abuser's gun is taken away when I get a domestic violence order?
Here are some steps you can take to try to increase the chances that a judge will order the removal of guns:
- Tell the judge if the abuser has ever threatened you with a gun.
- Tell the judge everything you know about the abuser’s guns. Explain how many guns the abuser has, what types they are, and where they are kept.
- Ask the judge to write in your protective order that the abuser cannot buy or have a gun while the order is in effect. There should be a box in the petition that you can check off to request this.
If the judge agrees that the abuser cannot keep his/her guns while the protective order is in effect, you may also want to ask the judge to:
- require the abuser to give his/her guns to the police, or give the police the power to go to the abuser’s house and get them;
- clearly state how long the guns will be kept away from the abuser; and
- have the police tell you when the guns are returned to the abuser.
Note: There is a federal law that says some abusers cannot have a gun while a protective order is in effect, even if the judge doesn’t write it in the order. You can learn more on our Federal Gun Laws page.
Guns and Criminal Convictions
If the abuser has been convicted of a crime, can s/he keep or buy a gun?
Kentucky law prohibits possession of a firearm by anyone convicted of a felony after July 15, 1994, even if the person was convicted as a “youthful offender.”1 Kentucky doesn’t have any restrictions on firearm possession for any other kinds of convictions.
Federal laws, which apply to all states, restrict an abuser’s right to have a gun if s/he was convicted of a felony or a domestic violence misdemeanor. Go to our Federal Gun Laws page for more information.
1 Ky. Rev. Stat. § 527.040(1), (3)
How can I find out if the abuser has been convicted of a crime?
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?
The Abuser Isn’t Supposed to Have a Gun… Now What?
Who do I notify if I think the abuser should not have 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:
- The ATF has a hotline for reporting illegal gun activity at 1-800-ATF-GUNS (1-800-283-4867).
- The ATF also has both an app and a website to allow people to submit anonymous tips. There is more information on their website.
- 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)
¿Qué pasará si el agresor intenta comprar un arma?
Antes de comprar un arma de fuego de un/a vendedor/a licenciado/a, todos los/las compradores/as deben someterse a un chequeo de antecedentes penales realizado por el Sistema Nacional de Chequeo Instantáneo de Antecedentes Penales (“National Instant Criminal Background Check System,” o “NICS” por sus siglas en inglés). El Sistema Nacional de Chequeo Instantáneo de Antecedentes Penales es utilizado por los/as licenciatarios/as federales de armas de fuego (“FFLs,” por sus siglas en inglés) para determinar de forma instantánea si alguien es elegible para recibir explosivos o armas de fuego.1 Si el/la agresor/a tiene una orden de protección calificada en su contra o, si ha sido sentenciado/a por un delito grave o un delito menos grave por violencia doméstica intrafamiliar en cualquier estado, esos registros deben estar en el NICS, lo cual debería imposibilitarle a el/la agresor/a comprar un arma de fuego. No todos los estados tienen un sistema automatizado de registro, lo que dificulta el proceso de verificación de antecedentes penales, por lo tanto, algunos criminales y agresores/as logran burlar el sistema. También es importante saber que no se necesita una verificación de antecedentes penales para ventas privadas y a través del Internet.
Si el/la agresor/a pudo comprar un arma y usted entiende que él/ella no debe tener una legalmente, usted puede avisarle a la policía y pedir que le quiten el arma y quizás ellos/as lo/a investigarán. Generalmente no es buena idea asumir que porque el/la agresor/a pudo comprar un arma, es legal que la tenga.
What is the penalty for violating the state or federal firearm laws?
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)
More Information and Where to Get Help
I do not have a domestic violence order against the abuser and s/he has not been convicted of a crime. Can s/he carry a gun?
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
I've read through all of this information and I am still confused. What can I do?
Here are a few places you can contact to get help understanding the law and your rights:
- WomensLaw Email Hotline – write in to ask us questions.
- National Center on Protection Orders and Full Faith & Credit – for more information on federal gun laws and how they may apply to you, call 1-800-903-0111 x 2.
- Local domestic violence organizations - see our Kentucky Advocates and Shelters page to find organizations in your area.