Not All Pardons Are Created Equal

When Kentuckians with felony convictions hear the word “pardon,” they often imagine complete forgiveness — a clean slate that restores every right lost to a criminal conviction. But in Kentucky, the reality is more nuanced. The Governor can grant either a full pardon or a partial pardon, and the difference between the two can have life-altering consequences for your firearms rights. At Clark + Harris in Lexington and Louisville, we help clients understand exactly what type of pardon they need and how to pursue it effectively.

This distinction is not academic. We have consulted with clients throughout Kentucky who received a partial pardon, believed their gun rights were restored, and were shocked to learn they were still prohibited persons under federal law. Some of these individuals came to us only after being arrested or investigated for illegal firearms possession — a federal charge carrying up to ten years in prison under 18 U.S.C. § 922(g)(1).

Full Pardon: Complete Restoration

A full pardon from the Kentucky Governor forgives the underlying offense and restores all civil rights lost as a result of the conviction. This includes the right to vote, the right to serve on a jury, the right to hold public office, and the right to possess firearms. A full pardon effectively treats the conviction as if it had not occurred for purposes of civil disabilities.

For firearms rights purposes, a full pardon is the most reliable path to restoration at both the state and federal levels. Under 18 U.S.C. § 921(a)(20), a conviction for which a person has been pardoned is not considered a “conviction” for purposes of the federal firearms prohibition — provided the pardon does not expressly limit firearms rights. A full pardon that restores all civil rights without limitation should satisfy this standard.

The Language Matters

Even with a full pardon, the specific language of the pardon document is crucial. A pardon that states “all civil rights are hereby restored” is generally sufficient, but a pardon that specifically enumerates the restoration of firearms rights provides the strongest protection. At Clark + Harris, when we assist clients with pardon applications, we always advocate for language that explicitly addresses firearms rights restoration.

Partial Pardon: Limited Relief

A partial pardon restores some civil rights but not others. The Governor may grant a partial pardon for a variety of reasons — for example, to restore voting rights or employment eligibility without addressing firearms. A partial pardon might also include conditions or limitations that restrict its scope.

Firearms Rights Under a Partial Pardon

If a partial pardon does not specifically restore firearms rights, you remain a prohibited person under both state and federal law. Under KRS 527.040, you cannot possess a firearm in Kentucky if you have a felony conviction and your firearms rights have not been restored. Under 18 U.S.C. § 922(g)(1), the federal prohibition remains in effect because the pardon has not removed the firearms disability.

Even worse, a partial pardon that expressly excludes firearms rights could actually strengthen the federal government’s case against you. Under § 921(a)(20), a pardon removes the federal firearms disability only if it does not “expressly provide that the person may not ship, transport, possess, or receive firearms.” A partial pardon that specifically states that firearms rights are not restored creates an express limitation that makes the federal prohibition unambiguous.

Common Scenarios We See in Kentucky

In our Lexington and Louisville offices, Clark + Harris attorneys regularly encounter the following situations involving pardons and firearms rights:

Partial pardon for employment purposes: A client received a partial pardon to remove barriers to professional licensing but mistakenly believed it also restored firearms rights. The pardon was silent on firearms, creating dangerous ambiguity under federal law.
Pardon with conditions: A client received a pardon with conditions such as community service or continued sobriety requirements. The conditional nature of the pardon raised questions about whether the firearms disability was permanently removed or only conditionally removed.
Multiple convictions: A client with multiple felony convictions received a pardon for one conviction but not others. Because the federal firearms disability attaches to each qualifying conviction independently, the pardon for one offense did not remove the disability created by the remaining convictions.
Federal vs. state conviction: A client with a federal felony conviction sought a Kentucky Governor’s pardon. However, the Kentucky Governor can only pardon state offenses — a federal conviction requires a presidential pardon for full relief.

What Type of Pardon Should You Seek?

If firearms rights restoration is your goal, you should always seek a full pardon with explicit firearms rights restoration language. A partial pardon may be better than no pardon at all for other purposes, but for firearms rights, anything less than a full pardon creates risk.

In some cases, a partial pardon may be a stepping stone. If the Governor is willing to grant a partial pardon but not a full one, it may be worth accepting the partial pardon for its other benefits while continuing to pursue full restoration through other means — such as a subsequent pardon application or a constitutional challenge under the framework established by NYSRPA v. Bruen, 597 U.S. 1 (2022).

The Bruen Angle

Since Bruen, federal courts have been reevaluating whether blanket firearms prohibitions for felons are constitutionally permissible. For individuals with partial pardons — who have been recognized by the Governor as deserving of some restoration of rights — there may be particularly strong arguments that a continuing federal firearms disability violates the Second Amendment under the text, history, and tradition framework.

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. Whether you are considering applying for a pardon, have already received a partial pardon, or want to explore your options under the post-Bruen legal landscape, our attorneys in Lexington and Louisville are ready to help you navigate this complex area of law.

Kentucky Partial Pardon vs. Full Pardon: What It Means for Firearms Rights