The Question Every Convicted Felon in Kentucky Asks

It is one of the most common questions our attorneys at Clark + Harris receive from clients across Kentucky: “I was convicted of a felony — can I own a gun?” The answer is almost always “not without taking specific legal steps first,” but the full picture is far more complex than a simple yes or no. Understanding the interplay between Kentucky state law and federal law is essential for anyone with a felony conviction who wants to lawfully possess a firearm.

At Clark + Harris, with offices in Lexington and Louisville, we have helped hundreds of clients navigate this question. The consequences of getting it wrong are severe — new felony charges at the state or federal level, years of additional imprisonment, and the permanent destruction of any future restoration options.

Kentucky State Law: KRS 527.040

Kentucky Revised Statutes § 527.040 makes it a Class D felony for any person convicted of a felony to possess, manufacture, or transport a firearm. The term “possess” is interpreted broadly — it includes actual possession (having a gun on your person), constructive possession (having access to a gun in your home or vehicle), and even temporary possession. A conviction under KRS 527.040 carries one to five years in prison.

The state prohibition applies to all felony convictions, whether violent or non-violent, recent or decades old. It does not matter whether you served prison time or received probation. If you were convicted of a felony in Kentucky or any other state, KRS 527.040 applies to you unless your firearms rights have been specifically restored.

State Restoration Options

Kentucky provides several mechanisms for restoring firearms rights at the state level. A full pardon from the Governor that restores firearms rights can remove the state prohibition. Expungement under KRS 431.073 may also remove the predicate conviction that triggers the state firearms disability. However, state restoration alone may not be sufficient — you must also consider the federal prohibition.

Federal Law: 18 U.S.C. § 922(g)(1)

Federal law imposes a separate and independent firearms prohibition on convicted felons. Under 18 U.S.C. § 922(g)(1), it is unlawful for any person who has been convicted of a crime punishable by imprisonment for a term exceeding one year to possess any firearm or ammunition that has been shipped or transported in interstate or foreign commerce.

Because virtually all firearms and ammunition have traveled in interstate commerce at some point, the federal prohibition effectively applies to all firearms. The penalty for a violation of § 922(g) is up to ten years in federal prison — and if you have three or more prior violent felony or serious drug offense convictions, the Armed Career Criminal Act (18 U.S.C. § 924(e)) mandates a minimum sentence of fifteen years.

The Interstate Commerce Element

Some clients ask whether they can avoid the federal prohibition by using a firearm that was manufactured in Kentucky. While the argument has some theoretical appeal, federal courts have consistently interpreted the interstate commerce element broadly. Even a firearm manufactured entirely within Kentucky almost certainly contains components — steel, polymers, springs, ammunition — that crossed state lines at some point in the manufacturing process. Relying on an intrastate commerce argument is extremely risky.

The State-Federal Gap

This is the most dangerous area for Kentucky felons. A person may have their firearms rights restored under state law — through a pardon, expungement, or other mechanism — and still be federally prohibited from possessing a firearm. Federal law recognizes certain state actions as removing the federal disability under 18 U.S.C. § 921(a)(20), but the analysis is fact-specific and depends on the nature of the state action and the specific rights restored.

We have seen clients in Louisville and Lexington who were told by well-meaning friends, family members, or even other attorneys that their state restoration was sufficient. In some cases, it was. In others, it was not — and the consequences were devastating. A federal investigation, arrest, and prosecution for a crime the person did not even know they were committing.

What About Non-Violent Felonies?

Many of our clients at Clark + Harris were convicted of non-violent offenses — drug possession, theft, forgery, or other property crimes. They are understandably frustrated that a decades-old non-violent conviction prevents them from exercising their Second Amendment rights. Under current federal law, the § 922(g)(1) prohibition draws no distinction between violent and non-violent felonies.

However, the Supreme Court’s decision in NYSRPA v. Bruen, 597 U.S. 1 (2022), has opened the door to constitutional challenges on this very point. Under Bruen‘s text, history, and tradition framework, there is a growing body of federal case law questioning whether the Founders would have understood the Second Amendment to permit the permanent disarmament of non-violent offenders. Several federal district courts have found § 922(g)(1) unconstitutional as applied to individuals with non-violent felony convictions, though the law remains in flux and these decisions have not been universally adopted.

Practical Guidance

If you are a convicted felon in Kentucky, here is what you need to know:

Do not assume your rights are restored. Even if you completed your sentence decades ago, even if your conviction was non-violent, even if you have been a law-abiding citizen ever since — you are likely still prohibited from possessing a firearm under state and federal law.
Do not rely on informal advice. Friends, family members, gun shop employees, and internet forums are not reliable sources of legal advice on this topic. The law is complex, fact-specific, and the consequences of getting it wrong are severe.
Get a professional legal analysis. An experienced firearms rights attorney can review your specific conviction history, analyze the applicable state and federal law, and advise you on the safest and most effective path to restoration.

Contact Clark + Harris

Don’t risk a federal firearms charge by assuming your rights are restored. Call Clark + Harris at 859-474-0001 for a legal analysis of your specific situation. Our attorneys in Lexington and Louisville have the knowledge and experience to evaluate your case and develop a strategy for restoring your Second Amendment rights through proper legal channels.

Can a Kentucky Felon Own a Firearm? Understanding State and Federal Law