The Governor’s Pardon: Kentucky’s Most Powerful Restoration Tool

A pardon from the Governor of Kentucky is the single most powerful tool available for restoring firearms rights after a felony conviction. Unlike expungement — which may or may not remove the federal firearms disability — a properly drafted pardon can remove both the state and federal prohibitions on firearm possession. But the key phrase is “properly drafted.” At Clark + Harris, our Lexington and Louisville firearms rights attorneys have guided numerous clients through the pardon process, and we know that the details matter enormously.

Kentucky’s pardon power is vested in the Governor by Section 77 of the Kentucky Constitution. The Governor has broad discretion to grant full or partial pardons for any criminal offense committed under Kentucky law. There is no automatic right to a pardon, and the process is discretionary — meaning that the Governor can grant or deny a pardon for any reason or no reason at all.

Full Pardon vs. Partial Pardon

Kentucky recognizes two primary types of pardons: full pardons and partial pardons. The distinction between them is critical for firearms rights restoration.

Full Pardon

A full pardon forgives the offense entirely and restores all civil rights that were lost as a result of the conviction. This includes the right to vote, the right to hold public office, and — most importantly for our purposes — the right to possess firearms. A full pardon that expressly restores firearms rights is the gold standard for removing both state and federal firearms disabilities.

Under 18 U.S.C. § 921(a)(20), a federal firearms disability does not attach to a conviction for which a person has received a pardon — but only if the pardon does not expressly limit firearms rights. A Kentucky full pardon that specifically states that firearms rights are restored should satisfy this requirement and remove the federal § 922(g) prohibition.

Partial Pardon

A partial pardon restores some but not all civil rights. A partial pardon might restore the right to vote or hold public office without restoring firearms rights. If a pardon does not expressly address firearms rights, or if it specifically excludes firearms rights, then the federal firearms disability under § 922(g)(1) will remain in place.

This is where many people get confused. Receiving a pardon — even a partial one — can feel like vindication. But if the pardon does not specifically restore firearms rights, you are still a prohibited person under federal law. Possessing a firearm after receiving a partial pardon that does not address firearms could result in a new federal felony charge.

The Pardon Application Process

The Kentucky Governor’s Office accepts pardon applications through the Department of Corrections or directly through the Governor’s Office. The application process typically requires detailed information about the conviction, the sentence served, and the applicant’s post-conviction conduct. Character references, employment history, and evidence of rehabilitation are also important components of a strong pardon application.

At Clark + Harris, we assist clients throughout Kentucky — from Fayette County and Jefferson County to rural communities across the Commonwealth — in preparing pardon applications that maximize the likelihood of a favorable result. We ensure that the application specifically requests restoration of firearms rights and that the language of any pardon granted is sufficient to remove the federal firearms disability.

Processing Time and Political Considerations

Pardon applications in Kentucky can take months or even years to process. The Governor’s willingness to grant pardons may be influenced by political considerations, the nature of the underlying offense, and the volume of applications pending at any given time. Having an experienced attorney guide you through the process — and advocate on your behalf — can make a significant difference in the outcome.

How a Pardon Interacts with Federal Law

The interaction between a Kentucky pardon and federal firearms law under § 921(a)(20) requires careful analysis. The federal statute provides that a conviction for which a person has been pardoned “shall not be considered a conviction” for purposes of the firearms disability — unless the pardon “expressly provides that the person may not ship, transport, possess, or receive firearms.”

This means that a Kentucky pardon will remove the federal firearms disability only if two conditions are met: (1) the pardon has been granted, and (2) the pardon does not contain any express limitation on firearms rights. A full pardon that is silent on firearms rights should satisfy this test, because the absence of an express limitation means that firearms rights are not restricted. However, the safest approach is to ensure that the pardon explicitly states that firearms rights are restored.

Post-Bruen Considerations

The Supreme Court’s decision in NYSRPA v. Bruen, 597 U.S. 1 (2022), has added a new dimension to firearms rights restoration cases. Even without a pardon, there may be constitutional arguments available to challenge the application of § 922(g)(1) to certain individuals, particularly those with non-violent felony convictions. An experienced firearms rights attorney can evaluate whether a constitutional challenge — in addition to or instead of a pardon application — might be the most effective strategy for your case.

Contact Clark + Harris

If you are a convicted felon in Kentucky seeking to restore your firearms rights, a Governor’s pardon may be your best option. But the process is complex, the stakes are high, and the details matter. At Clark + Harris, our Lexington and Louisville attorneys have the experience and knowledge to guide you through every step of the process.

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. We will evaluate your eligibility for a pardon, prepare a compelling application, and ensure that any pardon granted provides the maximum possible relief for your firearms rights.

Kentucky Governor’s Pardon and Gun Rights Restoration