Lexington Concealed Carry Defense Attorney
The first thing you need to do after you’ve been arrested for concealed carry, is to call a Cooley, Iuliano, Robey PLLC concealed carry attorney at 859-636-6803. Each of our partners and gun crimes attorneys are members of the National Association of Criminal Defense Lawyers, as well as the Kentucky Bar Association.
Our skilled concealed carry defense attorneys are always prepared to do a full investigation and defend your case, all while protecting your rights from the prosecution while they pursue their concealed carry case against you. Our concealed carry law firm and concealed carry attorneys are going to make certain that the Commonwealth of Kentucky is held to their burden of providing their case beyond a reasonable doubt.
What is concealed carry?
Like in a lot of states in the south or midwest, Kentucky does not have the strictest of gun laws, but it still makes it illegal to carry a concealed weapon unless you have a permit, as detailed in the Penal Code – KRS 527.020. Although you do not need a permit to conceal a weapon inside your estate or property once you have a permit for that weapon, you do need another important permit in order to conceal (hide) your weapon or firearm on your person, car or when entering a business, school, or courthouse, for example. If you want to carry and conceal a firearm, knives, brass knuckles, hunting knives, or any other deadly weapon, you need to get a concealed carry license. A violation of this crime would result in a misdemeanor unless the person has a prior gun crime felony conviction. These and more reasons are why an experienced gun attorney or concealed carry attorney is part of any basic weapon and gun charge trial.
If you are being accused of a gun crime, finding experienced professionals like Lexington ky criminal defense attorney or a concealed carry lawyer immediately after your arrest is where you should start in taking control of your life and freedom.
Concealed Carry Charge & Penal Code in Kentucky
Although Kentucky has more lax laws, in general, regarding firearm and weapons possession, there are still a lot of gray areas where a weapon and gun attorney will be key for insights from professionals that will share everything they know with you after an evaluation of your case.
Which is why obtaining the services of a concealed carry defense attorney Lexington against concealed carry charges is the first thing you need to do when faced with charges like these. CIR Legal’s seasoned concealed carry attorneys or concealed carry lawyer can help you with any type of concealed carry charge and help you determine what you’re up against.
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Have you been charged with concealed carry?
Our team of criminal defense attorneys are members of National Association of Criminal Defense Lawyers and have been recognized as Top 100 Criminal Defense Attorneys in America by The National Trial Lawyers and America’s Top 100 Criminal Defense Attorneys. Put our experience and track record of success to work for you against the government’s charges and protect your freedom!
If you have been charged with concealed carry, you need a team of experienced criminal defense attorneys focused on achieving the absolute best outcome for your case. Call and speak with a Cooley Iuliano Robey, PLLC criminal defense attorney at 859-636-6803.
(1) A person is guilty of carrying a concealed weapon when he or she carries concealed a firearm or other deadly weapon on or about his or her person in violation of this section.
(2) Peace officers and certified court security officers, when necessary for their protection in the discharge of their official duties; United States mail carriers when actually engaged in their duties; and agents and messengers of express companies, when necessary for their protection in the discharge of their official duties, may carry concealed weapons on or about their person.
(3) The director of the Division of Law Enforcement in the Department of Fish and Wildlife Resources, conservation officers of the Department of Fish and Wildlife Resources, and policemen directly employed by state, county, city, or urban-county governments may carry concealed deadly weapons on or about their person at all times within the Commonwealth of Kentucky, when expressly authorized to do so by law or by the government employing the officer.
(4) Persons carrying concealed weapons in accordance with Section 1 of this Act or licensed to carry a concealed deadly weapon pursuant to KRS 237.110 may carry a concealed firearm or other concealed deadly weapon on or about their persons at all times within the Commonwealth of Kentucky, if the firearm or concealed deadly weapon is carried in conformity with the requirements of Section 1 of this Act or KRS 237.110. Unless otherwise specifically provided by the Kentucky Revised Statutes or applicable federal law, no criminal penalty shall attach to carrying a concealed firearm or other deadly weaponat any location at which an unconcealed firearm or other deadly weapon may be constitutionally carried. No person or organization, public or private, shall prohibit a personfrom possessing a firearm, ammunition, or both, or other deadly weapon in his or her vehicle in compliance with the provisions of Section 1 of this Act, KRS 237.110, and 237.115. Any attempt by a person or organization, public or private, to violate the provisions of this subsection may be the subject of an action for appropriate relief or for damages in a Circuit Court or District Court of competent jurisdiction.
(5) (a) The following persons, if they hold a license to carry a concealed deadly weapon pursuant to KRS 237.110 or 237.138 to 237.142, may carry a firearm or other concealed deadly weapon on or about their persons at all times and at all locations within the Commonwealth of Kentucky, without any limitation other than as provided in this subsection:
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- A Commonwealth’s attorney or assistant Commonwealth’s attorney;
- A retired Commonwealth’s attorney or retired assistant Commonwealth’s attorney;
- A county attorney or assistant county attorney;
- A retired county attorney or retired assistant county attorney;
- A justice or judge of the Court of Justice;
- A retired or senior status justice or judge of the Court of Justice; and
- A retired peace officer who holds a concealed deadly weapon license issued pursuant to the federal Law Enforcement Officers Safety Act, 18 U.S.C. sec. 926C, and KRS 237.138 to 237.142.
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(b) The provisions of this subsection shall not authorize a person specified in this subsection to carry a concealed deadly weapon in a detention facility as defined in KRS 520.010 or on the premises of a detention facility without the permission of the warden, jailer, or other person in charge of the facility, or the permission of a person authorized by the warden, jailer, or other person in charge of the detention facility to give such permission. As used in this section, “detention facility” does not include courtrooms, facilities, or other premises used by the Court of Justice or administered by the Administrative Office of the Courts.
(c) A person specified in this section who is issued a concealed deadly weapon license shall be issued a license which bears on its face the statement that it is valid at all locations within the Commonwealth of Kentucky and may have such other identifying characteristics as determined by the Department of Kentucky State Police.
(6) (a) Except as provided in this subsection, the following persons may carry concealed deadly weapons on or about their person at all times and at all locations within the Commonwealth of Kentucky:
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- An elected sheriff and full-time and part-time deputy sheriffs certified pursuant to KRS 15.380 to 15.404 when expressly authorized to do so by the unit of government employing the officer;
- An elected jailer and a deputy jailer who has successfully completed Department of Corrections basic training and maintains his or her current in-service training when expressly authorized to do so by the jailer; and
- The department head or any employee of a corrections department in any jurisdiction where the office of elected jailer has been merged with the office of sheriff who has successfully completed Department of Corrections basic training and maintains his or her current in-service training when expressly authorized to do so by the unit of government by which he or she is employed.
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(b) The provisions of this subsection shall not authorize a person specified in this subsection to carry a concealed deadly weapon in a detention facility as defined in KRS 520.010 or on the premises of a detention facility without the permission of the warden, jailer, or other person in charge of the facility, or the permission of a person authorized by the warden, jailer, or other person in charge of the detention facility to give such permission. As used in this section, “detention facility” does not include courtrooms, facilities, or other premises used by the Court of Justice or administered by the Administrative Office of the Courts.
(7) (a) A full-time paid peace officer of a government agency from another state or territory of the United States or an elected sheriff from another territory of the United States may carry a concealed deadly weapon in Kentucky, on or off duty, if the other state or territory accords a Kentucky full-time paid peace officer and a Kentucky elected sheriff the same rights by law. If the other state or territory limits a Kentucky full-time paid peace officer or elected sheriff to carrying a concealed deadly weapon while on duty, then that same restriction shall apply to a full-time paid peace officer or elected sheriff from that state or territory.
(b) The provisions of this subsection shall not authorize a person specified in this subsection to carry a concealed deadly weapon in a detention facility as defined in KRS 520.010 or on the premises of a detention facility without the permission of the warden, jailer, or other person in charge of the facility, or the permission of a person authorized by the warden, jailer, or other person in charge of the detention facility to give such permission. As used in this section, “detention facility” does not include courtrooms, facilities, or other premises used by the Court of Justice or administered by the Administrative Office of the Courts.
(8) A loaded or unloaded firearm or other deadly weapon shall not be deemed concealed on or about the person if it is located in any enclosed container, compartment, or storage space installed as original equipment in a motor vehicle by its manufacturer, including but not limited to a glove compartment, center console, or seat pocket, regardless of whether said enclosed container, storage space, or compartment is locked, unlocked, or does not have a locking mechanism. No person or organization, public or private, shall prohibit a person from keeping a loaded or unloaded firearm or ammunition, or both, or other deadly weapon in a vehicle in accordance with the provisions of this subsection. Any attempt by a person or organization, public or private, to violate the provisions of this subsection may be the subject of an action for appropriate relief or for damages in a Circuit Court or District Court of competent jurisdiction. This subsection shall not apply to any person prohibited from possessing a firearm pursuant to KRS 527.040.
(9) The provisions of this section shall not apply to a person who carries a concealed deadly weapon on or about his or her person:
(a) If he or she is the owner of the property or has the permission of the owner of the property, on real property which he or she or his or her spouse, parent, grandparent, or child owns;
(b) If he or she is the lessee of the property or has the permission of the lessee of the property, on real property which he or she or his or her spouse, parent, grandparent, or child occupies pursuant to a lease; or
(c) If he or she is the sole proprietor of the business, on real property owned or leased by the business.
(10) Carrying a concealed weapon is a Class A misdemeanor, unless the defendant has been previously convicted of a felony in which a deadly weapon was possessed, used, or displayed, in which case it is a Class D felony.
If you or someone you care about has been charged with a concealed carry crime in Kentucky, contact our reputable criminal defense lawyers or concealed carry charge lawyers as soon as possible by calling 859-636-6803.
Penalties in Concealed Carry Cases
Although the penalties for all crimes, along with concealed carry offenses, committed in the Commonwealth of Kentucky are subject to the results of the work from your criminal defense attorney during the trial, usually the state adheres to the Kentucky Sentencing Guidelines and the Kentucky Revised Statutes for most criminal convictions, as detailed in their individual statute
As it pertains to concealed carry offenses specifically, however, they are punishable by a Class A misdemeanor. Unless the person being charged has a prior felony gun crime conviction in which case it will be a Class D felony. For any of which, it is of utmost importance to work with a reputable concealed carry lawyer or concealed carry attorney in your area to see to your case.
Misdemeanor
A misdemeanor is a crime punishable by less than a year in prison, and sometimes there are only heavy fines involved, probation, or other sentences less harsh than with felonies. The consequences for someone guilty of a concealed carry offense punishable by a misdemeanor is;
- Class A misdemeanors – 90 days to 12 months jail time, including a monetary fine that can cost up to 500 dollars
Nonetheless, they are a stain on your permanent record and can change your life for the worse, which is why you need the best concealed carry attorney or concealed carry lawyer you can get. A competent concealed carry defense attorney or concealed carry defense lawyer can get your case dismissed, charges filed against you dropped, or fight for an expungement of your misdemeanor conviction altogether.
Felony
A felony is the most serious type of crime, and hence, they offer the most serious punishments, with years in prison. They are divided (like misdemeanors as well) into classes. The imprisonment terms concealed carry offense punishable by a felony is;
- Class D – 1 year to 5 years
All serious crimes, except murders (they have their own punishments), are classified as felonies.
It’s also important to point out that former convictions of this degree matter. If district court investigations and records show you are a “persistent offender,” then it’s very likely you’ll be facing a longer prison term vs someone guilty of the same crime without records of a prior felony conviction. (Ky. Rev. Stat. Ann. § 532.080 (2019 ).). If this is the case, informing your concealed carry defense lawyer or concealed carry defense attorney at the earliest is advised.
A person found guilty of a felony in states like Kentucky will also need to pay a fine costing between 1,000 dollars and 10,000 dollars. Or, if it applies, double any gain from committing the offense. In the event that it does, the district court usually orders whichever amount is greater to be paid (Ky. Rev. Stat. Ann. § 534.030 (2019 ).).
It’s difficult facing offenses as serious as this alone, especially since these have long-lasting consequences on a person’s life once convicted. Which is why hiring expert concealed carry defense attorneys who pay close attention to create a great working client relationship with the people and cases they take on is essential. Experienced concealed carry attorneys or concealed carry lawyers will know what to expect along with the best way to protect your rights, or avoid a conviction altogether.
Federal
Typical federal penalties for firearm crimes you could get mandatory time in prison, including five years if a firearm is used in a drug crime, or 20 years for a second conviction, to even life in prison if a machine gun is used with a silencer in a crime. Altering a semi-automatic firearm to make it a fully automatic can result in 10 years’ time. Giving a minor access to a firearm is a misdemeanor for both persons involved unless the intention was for the juvenile to be an assistant in harming someone else. You need a federal gun defense attorney or a concealed carry attorney in these cases with years of experience of having fought for Second Amendment rights.
You need an experienced criminal defense lawyer that specializes in concealed carry defense
All of our criminal concealed carry attorneys at Cooley Iuliano Robey, PLLC are members of the National Association of Criminal Defense Lawyers as well as the Kentucky Bar Association, with decades of experience in matters of concealed carry charges, concealed carry defenses and other practice areas. We value the best interest of every client above all. When it comes to concealed carry offenses, you need concealed carry attorneys or concealed carry lawyers who will fight for your constitutional rights, and go through every evidence and detail of your case, no matter how inconsequential they may be.
Free Consultation & Case Review from our experienced concealed carry lawyers
At CIR Legal, our concealed carry attorney’s concealed carry defense services include offering free consultation and case review to potential clients or otherwise. Our concealed carry lawyers or concealed carry attorneys have fought and will always strive to fight for the rights of every defendant in the state of Kentucky, no matter the type of offense. Call our law office at 859-636-6803 or fill out our form for a free consultation, no matter if it’s pm or am.
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