English
Español¿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)
