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?
Possibly not. Even if you do not have a domestic violence order against the abuser and s/he has not been convicted of any crime, it can still be illegal for him/her to have a gun under the following circumstances. Under Kentucky state law, 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 is not a resident of Kentucky (although if s/he is on active military duty and is assigned to a military post in Kentucky at the time of the application, that is considered a resident for these purposes);
- s/he is not a U.S. citizen or is not lawfully admitted to the U.S.;
- s/he is under 21 years old;
- s/he is currently under indictment for a felony (but has not yet been convicted);
- s/he is a fugitive from justice;
- s/he is an unlawful user of or addicted to a controlled substance (drug);
- s/he was adjudicated as a “mental defective” or s/he has been committed to a mental institution;
- s/he was illegally or unlawfully in the United States;
- s/he was admitted to the United States under a nonimmigrant visa (there are limited exceptions to this);
- s/he was discharged from the Armed Forces under dishonorable conditions;
- s/he was a citizen of the United States but renounced (gave up) his/her citizenship;
- s/he was committed to a state or federal facility for the abuse of a controlled substance within the three years prior to filing the license application;
- s/he chronically and habitually uses alcohol, which can be shown by having been committed as an alcoholic within the three years prior to filing the license application; or
- s/he owes unpaid child support that is equal to or more than one year’s worth of payments or s/he has not complied with any subpoena or warrant relating to child support or paternity proceedings (the license would only be denied under these circumstances if the Cabinet for Health and Family Services notifies the Department of Kentucky State Police of the arrears or failure to comply with the subpoena/warrant).1
Even if none of these situations apply, you can still make a plan for your safety. See our Safety Planning page for more information. You can also contact your local domestic violence organization for additional help. You may want to talk to them about whether leaving the area - either long term or for a little while - might help improve your safety. See our KY Advocates and Shelters page for referrals.
For additional information on gun laws in Kentucky, you can go to the Giffords Law Center website.
Also, federal laws, which apply to all states, restrict an abuser’s right to have a gun under other circumstances. Go to Federal Gun Laws to get more information.
1 KRS § 237.110(4),(13)(a),(b)