If the abuser has been convicted of a crime, can s/he keep or buy a gun?
Under Kentucky state law, if a convicted felon has a handgun in his/her possession, it is a Class C felony. Possession of any other firearm by a convicted felon is a Class D felony.* In addition, a person can be denied a license to carry concealed firearms, ammunition, or other deadly weapons (or if s/he already has a license to carry, it can be suspended or revoked) if any of the following apply:
- s/he was convicted of a felony;
- s/he is currently under indictment for a felony;
- s/he was convicted in any court of a misdemeanor crime of domestic violence;
- s/he was convicted of a misdemeanor crime related to controlled substances listed in Chapter 218A (or similar laws of any other state relating to controlled substances) within the 3 years prior to filing the license application;
- s/he has 2 or more convictions for DUI within the 3 years prior to filing the license application; or
- s/he is a fugitive from justice.**
If the abuser has a license to carry a concealed firearms and then any of the above circumstances apply, s/he has to surrender his/her license or else it can be considered a Class A misdemeanor crime.***
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 or a domestic violence misdemeanor. Go to the Federal Gun Laws page to get more information.
* KRS § 527.040(2)
** KRS § 237.110(4),(13)(a),(b)
*** KRS § 237.110(13)(i)