Kentucky Statutes 527.040 – Possession of firearm by convicted felon — Exceptions — Applicability to youthful offenders
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(1) A person is guilty of possession of a firearm by a convicted felon when he possesses, manufactures, or transports a firearm when he has been convicted of a felony, as defined by the laws of the jurisdiction in which he was convicted, in any state or federal court and has not:
(a) Been granted a full pardon by the Governor or by the President of the United
For details, see § 532.060
States; or
(b) Been granted relief by the United States Secretary of the Treasury pursuant to the Federal Gun Control Act of 1968, as amended.
(2) (a) Possession of a firearm by a convicted felon is a Class D felony unless the firearm possessed is a handgun in which case it is a Class C felony.
(b) If a felon is convicted of a criminal offense other than possession of a firearm by a convicted felon, and he or she possessed a firearm in commission of that offense, then the felon shall be penalized for violating this section one (1) class more severely if it is a second or subsequent violation of this section.
(3) The provisions of this section shall apply to any youthful offender convicted of a felony offense under the laws of this Commonwealth. The exceptions contained in KRS § 527.100 prohibiting possession of a handgun by a minor shall not apply to this section.
(4) The provisions of this section with respect to handguns, shall apply only to persons convicted after January 1, 1975, and with respect to other firearms, to persons convicted after July 15, 1994.
Effective: July 14, 2018
History: Amended 2018 Ky. Acts ch. 123, sec. 1, effective July 14, 2018. — Amended
1994 Ky. Acts ch. 30, sec. 3, effective July 15, 1994; and ch. 396, sec. 10, effective
July 15, 1994. — Created 1974 Ky. Acts ch. 406, sec. 237, effective January 1, 1975.
(a) Been granted a full pardon by the Governor or by the President of the United
Attorney's Note
Under the Kentucky Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class C felony | between 5 and 10 years | between $1,000 and $10,000 |
| Class D felony | between 1 and 5 years | between $1,000 and $10,000 |
Terms Used In Kentucky Statutes 527.040
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Firearm: means any weapon which will expel a projectile by the action of an explosive. See Kentucky Statutes 527.010
- Handgun: means any pistol or revolver originally designed to be fired by the use of a single hand, or any other firearm originally designed to be fired by the use of a single hand. See Kentucky Statutes 527.010
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
States; or
(b) Been granted relief by the United States Secretary of the Treasury pursuant to the Federal Gun Control Act of 1968, as amended.
(2) (a) Possession of a firearm by a convicted felon is a Class D felony unless the firearm possessed is a handgun in which case it is a Class C felony.
(b) If a felon is convicted of a criminal offense other than possession of a firearm by a convicted felon, and he or she possessed a firearm in commission of that offense, then the felon shall be penalized for violating this section one (1) class more severely if it is a second or subsequent violation of this section.
(3) The provisions of this section shall apply to any youthful offender convicted of a felony offense under the laws of this Commonwealth. The exceptions contained in KRS § 527.100 prohibiting possession of a handgun by a minor shall not apply to this section.
(4) The provisions of this section with respect to handguns, shall apply only to persons convicted after January 1, 1975, and with respect to other firearms, to persons convicted after July 15, 1994.
Effective: July 14, 2018
History: Amended 2018 Ky. Acts ch. 123, sec. 1, effective July 14, 2018. — Amended
1994 Ky. Acts ch. 30, sec. 3, effective July 15, 1994; and ch. 396, sec. 10, effective
July 15, 1994. — Created 1974 Ky. Acts ch. 406, sec. 237, effective January 1, 1975.