A Comprehensive Roadmap Restoring your firearms rights after a criminal conviction in Kentucky is a complex, multi-step process that requires careful planning, thorough legal analysis, and patience. There is no single form to fill out, no automatic process, and no shortcut. But with the right legal guidance, restoration is possible for many Kentuckians. At Clark … Read more
The Antique Firearms Exception: A Narrow but Real Option Federal law defines “firearm” in a way that excludes certain antique firearms and black powder weapons. This exclusion means that convicted felons — who are prohibited from possessing “firearms” under 18 U.S.C. § 922(g) — may be able to legally possess certain antique and black powder … Read more
Juvenile Adjudications and Adult Gun Rights If you were adjudicated delinquent as a juvenile in Kentucky for an offense that would have been a felony if committed by an adult, you may be wondering whether that juvenile adjudication affects your adult firearms rights. The answer involves a careful analysis of both Kentucky law and federal … Read more
Mental Health and Gun Rights in Kentucky Federal law under 18 U.S.C. § 922(g)(4) prohibits any person who has been “adjudicated as a mental defective” or “committed to a mental institution” from possessing a firearm. This prohibition affects a significant number of Kentucky residents and raises unique legal and practical challenges. At Clark + Harris … Read more
The Gun Show Myth There is a persistent myth — sometimes called the “gun show loophole” — that convicted felons can legally purchase firearms at gun shows because private sales are not subject to background checks. This myth is dangerously misleading. While it is true that private sales in Kentucky do not require a NICS … Read more
No Distinction Between Types of Firearms One of the most common questions we hear from clients at Clark + Harris in Lexington and Louisville is whether they can own a hunting rifle or shotgun after a felony conviction, even if they cannot own a handgun. The reasoning seems intuitive — a hunting rifle or shotgun … Read more
Withheld Adjudication in Kentucky The concept of “withheld adjudication” — where a court finds sufficient evidence for a conviction but withholds the formal entry of judgment — exists in various forms across different states. Kentucky’s approach to this type of disposition has unique characteristics that create both opportunities and risks for firearms rights. At Clark … Read more
When “No Conviction” May Still Cost You Your Gun Rights Deferred adjudication — a legal disposition in which a court withholds a final judgment of conviction while the defendant completes certain conditions — seems like it should protect your firearms rights. After all, if there is no conviction, how can you lose your gun rights? … Read more
Set-Asides, Dismissals, and Firearms Rights Kentucky law provides several mechanisms for resolving criminal cases that fall short of a traditional conviction — including set-asides, dismissals, and conditional discharges. Clients often ask us at Clark + Harris in Lexington and Louisville whether these dispositions allow them to possess firearms. The answer depends on the specific type … Read more
Legal in Kentucky, Illegal Under Federal Law It is one of the most frustrating paradoxes in firearms law: you have done everything Kentucky requires to restore your gun rights, but you are still a criminal under federal law if you possess a firearm. This paradox — being legal under state law but prohibited under federal … Read more