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 background check, a convicted felon who purchases a firearm through any channel — licensed dealer, private sale, gun show, online, or anywhere else — is committing a federal felony. At Clark + Harris in Lexington and Louisville, we make sure our clients understand that the manner of acquisition does not change the legality of possession.
Federal Law Is Clear
Under 18 U.S.C. § 922(g)(1), a convicted felon is prohibited from possessing, receiving, or transporting any firearm. Note the word “receiving.” It does not matter how you received the firearm — purchase from a licensed dealer, private sale at a gun show, gift from a family member, or found on the street. The act of receiving the firearm is itself a federal crime if you are a prohibited person. The penalty is up to ten years in federal prison.
Additionally, 18 U.S.C. § 922(d) makes it unlawful for any person to sell or otherwise dispose of a firearm to any person knowing or having reasonable cause to believe that the person is a prohibited person. This means that the seller — whether a licensed dealer or a private individual — can also face criminal charges for selling a gun to a convicted felon.
Private Sales in Kentucky
Kentucky does not require background checks for private firearms sales. This means that a private individual selling a firearm at a gun show, through a classified ad, or in a face-to-face transaction is not required to run a NICS check on the buyer. Some people interpret this to mean that felons can buy guns through private sales without consequence.
This interpretation is wrong. The absence of a mandatory background check for private sales does not make it legal for a prohibited person to purchase or possess a firearm. The federal prohibition on felon-in-possession applies regardless of whether a background check was conducted. A felon who buys a gun at a Kentucky gun show through a private sale is just as guilty of violating § 922(g) as one who lies on a Form 4473 at a licensed dealer.
The Practical Risk
Some clients reason that if no background check is required, there is no way for the government to know about the purchase. This reasoning is flawed for several reasons. Gun shows are frequently monitored by ATF agents and state law enforcement. The seller may later cooperate with investigators and identify the buyer. The firearm’s serial number can be traced through ATF records to the point of original sale. Social media posts, text messages, and other digital evidence can establish possession. And any future encounter with law enforcement — a traffic stop, a domestic dispute, a search warrant — can reveal the unlawful possession.
Straw Purchases
Another common scheme involves having someone else purchase the firearm on your behalf — a “straw purchase.” This is a separate federal crime under 18 U.S.C. § 922(a)(6), even if the person making the purchase is not themselves a prohibited person. Both the straw purchaser and the actual recipient can be prosecuted. Federal prosecutors in Kentucky take straw purchases seriously, and the penalties are severe.
The Bottom Line
There is no loophole, no workaround, and no safe way for a convicted felon to acquire a firearm without first restoring their firearms rights through proper legal channels. The gun show “loophole” does not help you if you are a prohibited person — it just means you might acquire a gun without anyone noticing immediately. But when the government does notice — and in our experience, they often do — the consequences are devastating.
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 can help you restore your firearms rights the right way — legally and permanently.
Frequently Asked Questions
How soon should I contact Clark + Harris after being charged in Kentucky?
As soon as possible. Early representation protects your rights during questioning, preserves evidence, and often leads to better outcomes. Call 859-474-0001 — we respond promptly to new inquiries.
Does Clark + Harris represent clients throughout Kentucky?
Yes. We represent clients in all 120 Kentucky counties, both state District and Circuit courts, and federal courts in the Eastern and Western Districts of Kentucky.
What happens during a free consultation with Clark + Harris?
We review the specific charges and evidence, discuss available defenses, explain the likely process in the relevant court, and give you a clear roadmap of next steps — at no cost to you.
Related Resources
If this information applied to your situation, the following Clark + Harris guides may also be helpful:
- How Long After a Kentucky Felony Before You Can Own a Gun?
- Kentucky Felony Probation and Firearms: Can You Possess a Gun While on Probation?
- Federal Felon in Possession: 18 U.S.C. § 922(g) and Kentucky Residents
- Federal Firearms Relief Under 18 U.S.C. § 925(c): Is It Still Available?
- How a Kentucky State Pardon Affects Federal Gun Rights Under § 921(a)(20)