The Federal Recognition of Kentucky Pardons
When a Kentucky felon receives a pardon from the Governor, one of the most important questions is whether that pardon removes the federal firearms disability under 18 U.S.C. § 922(g)(1). The answer depends on the specific provisions of 18 U.S.C. § 921(a)(20), which defines when a state-level action is sufficient to eliminate the federal prohibition on firearm possession. At Clark + Harris in Lexington and Louisville, we help clients understand this critical intersection of state and federal law — and we ensure that any pardon obtained provides the maximum possible relief.
What § 921(a)(20) Requires
Section 921(a)(20) provides that a conviction for which a person has been pardoned “shall not be considered a conviction” for purposes of the federal firearms prohibition — but only if the pardon does not “expressly provide that the person may not ship, transport, possess, or receive firearms.” This language creates a two-part test for federal recognition of a Kentucky pardon.
First, the pardon must have been granted. This seems obvious, but it requires that the pardon be a final, unconditional grant of clemency. A pending pardon application, a conditional pardon that has not yet been fulfilled, or a commutation of sentence (which is not the same as a pardon) may not satisfy this requirement.
Second, the pardon must not expressly limit firearms rights. If the pardon contains language restricting the person’s ability to possess firearms — for example, “This pardon does not restore firearms rights” — then the federal disability remains in effect. The key word is “expressly.” A pardon that is silent on firearms rights does not expressly limit them, and should therefore satisfy the § 921(a)(20) test.
Types of Kentucky Pardons and Their Federal Effect
Full Pardon with Express Firearms Restoration
This is the strongest form of pardon for federal firearms purposes. A full pardon that explicitly states “the right to possess firearms is hereby restored” leaves no ambiguity. The pardon both restores rights under Kentucky law and satisfies the requirements of § 921(a)(20) for removal of the federal firearms disability.
Full Pardon Silent on Firearms
A full pardon that restores all civil rights without specifically mentioning firearms rights presents a more nuanced question. Under § 921(a)(20), this type of pardon should remove the federal disability because it does not “expressly” limit firearms rights. However, there can be disagreement about whether a general restoration of civil rights implicitly includes firearms rights or whether firearms rights must be specifically addressed.
Federal courts in various circuits have addressed this question with varying results. In the Sixth Circuit (which covers Kentucky), the analysis has focused on whether the totality of the person’s civil rights have been restored, including voting rights, the right to hold office, and the right to serve on a jury. If these core civil rights have been restored and the pardon does not expressly exclude firearms, the federal disability should be removed.
Partial Pardon Excluding Firearms
A partial pardon that expressly excludes firearms rights clearly fails the § 921(a)(20) test. The express limitation on firearms rights means that the federal disability remains in full effect, regardless of whatever other rights may have been restored.
The Caron Analysis
The Supreme Court’s decision in Caron v. United States, 524 U.S. 308 (1998), established an important principle for analyzing the interaction between state restoration of rights and federal firearms disabilities. In Caron, the Court held that if state law permits a felon to possess certain firearms (such as rifles and shotguns) but prohibits possession of others (such as handguns), the person is still subject to the federal firearms disability because the state has imposed an express firearms limitation.
For Kentucky pardon recipients, this means that even a pardon that partially restores firearms rights — for example, allowing possession of long guns but not handguns — would not remove the federal disability. The pardon must restore firearms rights without limitation to satisfy § 921(a)(20).
Practical Steps for Kentucky Pardon Applicants
If you are seeking a Kentucky Governor’s pardon with the goal of restoring your federal firearms rights, here is what Clark + Harris recommends:
- Request a full pardon. A partial pardon may not be sufficient to remove the federal firearms disability.
- Request explicit firearms language. Ask that the pardon specifically state that firearms rights are restored. While a pardon silent on firearms should satisfy § 921(a)(20), explicit language provides the strongest protection.
- Have an attorney review the pardon language. Before accepting a pardon, have it reviewed by an attorney experienced in federal firearms law to ensure it provides the relief you need.
- Maintain documentation. Keep certified copies of the pardon for your records. You may need to present the pardon to firearms dealers, the ATF, or federal courts to demonstrate that your firearms rights have been restored.
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 Lexington and Louisville attorneys have extensive experience with the intersection of Kentucky pardons and federal firearms law, and we will ensure that your pardon provides the maximum possible relief for your Second Amendment rights.
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:
- Does a Kentucky Set-Aside or Dismissal Restore Gun Rights?
- Deferred Adjudication and Firearms Rights in Kentucky
- Withheld Adjudication and Gun Rights: Kentucky’s Unique Position
- Can I Own a Hunting Rifle After a Kentucky Felony? Rifles, Shotguns, and Handguns
- Can I Buy a Gun at a Kentucky Gun Show After a Felony?