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Información Legal: Kentucky

State Gun Laws

14 de julio de 2020

I have an emergency protective order against the abuser. Can s/he have a gun?

Possibly not. Although the law doesn’t specifically address the situation where a person is applying for a license to carry a concealed firearm while there is an emergency protective order against him/her,1 the law does address the situation where someone already has a license to carry and then an emergency protective order is issued against him/her. If the abuser already has a license to carry concealed firearms and you get an emergency protective order (or a domestic violence order) against him/her, s/he has to surrender that license to the court or to the law enforcement officer who serves him/her with the order. In addition, the license will be suspended until the order is terminated (or until the judge who issued the order terminates the suspension of the license before the order ends).2 The failure of a license holder to surrender his/her license is considered a Class A misdemeanor crime.3

Note: If the abuser is a peace officer and an emergency protective order (or domestic violence order) is issued against him/her, s/he cannot carry a concealed deadly weapon while off-duty but s/he can use it while on duty.2

1 See generally KRS § 237.110
2 KRS § 237.110(13)(k)
3 KRS § 237.110(13)(i)