Kentucky Statutes 218A.992 – Enhancement of penalty when in possession of a firearm at the time of commission of offense
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(1) Other provisions of law notwithstanding, any person who is convicted of any violation of this chapter who, at the time of the commission of the offense and in furtherance of the offense, was in possession of a firearm, shall:
(a) Be penalized one (1) class more severely than provided in the penalty provision pertaining to that offense if it is a felony; or
(b) Be penalized as a Class D felon if the offense would otherwise be a misdemeanor.
(2) The provisions of this section shall not apply to a violation of KRS § 218A.210,
218A.1450, 218A.1451, or 218A.1452.
Effective: April 11, 2012
History: Amended 2012 Ky. Acts ch. 108, sec. 14, effective April 11, 2012. — Amended 2011 Ky. Acts ch. 45, sec. 13, effective March 16, 2011. — Amended 2010
Ky. Acts ch. 149, sec. 15, effective April 13, 2010; and ch. 160, sec. 15, effective
April 26, 2010. — Amended 2005 Ky. Acts ch. 150, sec. 12, effective June 20, 2005.
— Created 1994 Ky. Acts ch. 396, sec. 5, effective July 15, 1994.
(a) Be penalized one (1) class more severely than provided in the penalty provision pertaining to that offense if it is a felony; or
Terms Used In Kentucky Statutes 218A.992
- Person: means individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Kentucky Statutes 218A.010
(b) Be penalized as a Class D felon if the offense would otherwise be a misdemeanor.
(2) The provisions of this section shall not apply to a violation of KRS § 218A.210,
218A.1450, 218A.1451, or 218A.1452.
Effective: April 11, 2012
History: Amended 2012 Ky. Acts ch. 108, sec. 14, effective April 11, 2012. — Amended 2011 Ky. Acts ch. 45, sec. 13, effective March 16, 2011. — Amended 2010
Ky. Acts ch. 149, sec. 15, effective April 13, 2010; and ch. 160, sec. 15, effective
April 26, 2010. — Amended 2005 Ky. Acts ch. 150, sec. 12, effective June 20, 2005.
— Created 1994 Ky. Acts ch. 396, sec. 5, effective July 15, 1994.