How Long After a Kentucky Felony Before You Can Own a Gun?

There Is No Automatic Waiting Period

One of the most persistent myths about firearms rights after a felony conviction is that there is some automatic waiting period — five years, ten years, twenty years — after which your gun rights are automatically restored. This is false. Under both Kentucky law and federal law, there is no amount of time that will automatically restore your right to possess a firearm after a felony conviction. At Clark + Harris in Lexington and Louisville, we hear this myth from clients almost every week, and it is one of the most dangerous misconceptions in firearms law.

The source of this myth is unclear. It may stem from confusion with other areas of law — such as the waiting periods for expungement eligibility — or from well-meaning but incorrect advice passed between friends and family members. Whatever the source, believing it can lead to a federal felony charge that carries up to ten years in prison.

Kentucky Law: No Time-Based Restoration

KRS 527.040 prohibits possession of a firearm by a convicted felon. The statute does not contain any provision that automatically restores firearms rights after a specified period of time. Whether your conviction was one year ago or forty years ago, the prohibition remains in effect until it is affirmatively removed through one of the recognized legal pathways: a full pardon, an expungement, or a court order specifically restoring firearms rights.

It is true that certain civil rights — such as the right to vote — are automatically restored in Kentucky upon completion of your sentence, including probation and parole. But firearms rights are not among the rights that are automatically restored. This distinction trips up many people who assume that the general restoration of civil rights includes firearms.

Federal Law: The Lifetime Ban

Federal law under 18 U.S.C. § 922(g)(1) is even more explicit. The federal firearms prohibition applies to any person who “has been convicted” of a qualifying offense — past tense, no time limit. There is no federal provision that automatically restores firearms rights based on the passage of time. The prohibition is effectively permanent unless it is affirmatively removed through a qualifying state action (such as a pardon or expungement that meets the requirements of § 921(a)(20)) or through federal firearms relief under § 925(c).

The § 925(c) Problem

Federal law does contain a provision — 18 U.S.C. § 925(c) — that allows individuals to apply to the ATF for relief from federal firearms disabilities. In theory, this provision could provide a pathway for restoration based on individual merit, including the passage of time and evidence of rehabilitation. In practice, however, Congress has defunded the ATF’s ability to process these applications since 1992. As a result, federal firearms relief under § 925(c) is effectively unavailable, and has been for more than three decades.

This means that for many convicted felons, the only practical paths to removing the federal firearms disability are state-level actions that qualify under § 921(a)(20) — namely, pardons and expungements that meet specific requirements.

Where the Waiting Period Myth Comes From

Several factors contribute to the persistence of this myth in Kentucky:

Expungement waiting periods: Kentucky’s expungement statute, KRS 431.073, does require a waiting period before a person can apply for expungement — typically five years after completion of the sentence for eligible Class D felonies. Some people confuse the expungement waiting period with an automatic firearms restoration period.
Other states’ laws: Some states do have provisions that automatically restore firearms rights after a specified period. For example, certain states restore firearms rights upon completion of sentence or after a waiting period. People who move to Kentucky from these states may incorrectly assume that Kentucky has similar provisions.
Informal advice: Gun shop employees, friends, family members, and internet forums frequently circulate incorrect information about waiting periods. These sources are not reliable for legal advice, and relying on them can have devastating consequences.

What Actually Triggers Restoration

In Kentucky, the following actions can potentially restore firearms rights:

Full pardon from the Governor: A full pardon with express restoration of firearms rights can remove both state and federal firearms disabilities.
Expungement under KRS 431.073: An expungement may remove the state firearms disability and, depending on federal case law, may also remove the federal disability.
Constitutional challenge: Under the post-Bruen legal framework, direct constitutional challenges to firearms disabilities are increasingly viable, particularly for non-violent offenders.

Notice what is not on this list: the passage of time. No amount of waiting, good behavior, or community service will automatically restore your firearms rights in Kentucky or under federal law.

The Real Danger

The danger of the waiting period myth is that it leads people to possess firearms illegally. A person who believes their rights were automatically restored ten years after their conviction may purchase a firearm, keep it in their home, or carry it for self-defense — all while being a federally prohibited person. If discovered — through a traffic stop, a domestic dispute, a routine background check, or any other encounter with law enforcement — the consequences are severe.

A federal felon-in-possession charge under § 922(g) carries up to ten years in prison. State charges under KRS 527.040 carry one to five years (or five to ten years for enhanced offenses). These are new felony charges that will be added to your existing criminal record, making any future restoration effort even more difficult.

Take Action — Don’t Just Wait

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 firearms rights attorneys in Lexington and Louisville can evaluate your conviction history, determine which restoration pathways are available, and help you take the affirmative legal steps necessary to lawfully restore your right to possess a firearm.

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: