KRS 527.040: Possession of a Firearm by a Convicted Felon

What Is KRS 527.040?

KRS 527.040 makes it a felony in Kentucky for a convicted felon to possess a firearm. This is one of the most commonly charged firearms offenses in Lexington, Louisville, and across Kentucky. Even constructive possession can lead to charges.

What the Statute Prohibits

A person commits possession of a firearm by a convicted felon when they have been convicted of a felony and possess, manufacture, or transport a firearm.

Penalties Under KRS 527.040

Class C felony: 5 to 10 years in prison
Class B felony if the prior felony was a violent offense: 10 to 20 years in prison
Often charged in conjunction with other crimes

What Counts as “Possession”?

Possession can be:

Actual: The firearm is on your person
Constructive: The firearm is in a place you control (your home, your vehicle)

Constructive possession charges arise frequently when firearms are found during traffic stops or home searches.

Defenses to KRS 527.040

The prior conviction was not a qualifying felony
Civil rights were restored (federal or state)
You did not actually possess the firearm
Lack of knowledge of the firearm’s presence
Antique firearm exemption

Restoration of Rights

Kentucky allows for restoration of certain civil rights for felons. If your rights have been restored, the statute may not apply. Clark + Harris can help with rights restoration.

Federal Charges Possible

Federal law (18 U.S.C. § 922(g)) also prohibits felon possession, with potentially much higher penalties. Federal prosecutors may pick up larger cases.

Don’t Wait — Call Clark + Harris

Call 859-474-0001 — 24/7. Lexington, Louisville, all of Kentucky.

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: