The first thing you need to do after you’ve been arrested for a gun crime, is to call a Cooley, Iuliano, Robey PLLC gun attorney at 859-636-6803. Each of our partners is a member of the National Association of Criminal Defense Lawyers, as well as the Kentucky Bar Association.
Our skilled gun 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 weapons or gun cases against you. Our gun law firm and gun attorneys are going to make certain that the Commonwealth of Kentucky is held to their burden of providing their case beyond a reasonable doubt.
Kentucky Gun Laws
There’s a longstanding respect of the right to bear arms in Kentucky, but that does not mean there aren’t any laws regulating the use of guns or weapons. There are also federal laws that still apply to all states, including Kentucky, regardless of the local statute. First, there’s a distinction to be made between firearm and handgun. A firearm is “any weapon that will expel a projectile by the action of an explosive,” according to the content of statute 237.060(2). A handgun is a firearm that is a pistol or revolver used on a single hand. A weapon is a firearm, handgun, or any other instrument meant to either kill or seriously injure someone.
Although Kentucky has more lax laws 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, and to avoid even the lightest sentence of a misdemeanor. For example, some deadly weapons and all firearms require concealed carry permits, and others are only allowed in certain social conditions.
Any crime can be made worse by also possessing a firearm or deadly weapon, including harassment when you also show a firearm, for example. Defacing a firearm is another serious charge that might be thought of as a minor crime, but it is not. Owners of gun shops are also subject to strict local and federal laws. These and more reasons are why an experienced Lexington KY criminal defense attorney is part of any basic weapon and gun charge trial.
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If you have been charged with a gun crime, 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 defacing a firearm when he intentionally defaces a firearm.
(2) Defacing a firearm is a Class A misdemeanor.
If you or someone you care about has been charged with a gun crime in Kentucky, contact our reputable criminal defense lawyers or gun charge lawyers as soon as possible by calling 859-636-6803.
(1) A person is guilty of possession of a firearm by a convicted felon when he possesses, manufactures, or transports a firearm when he has been convicted of a felony, as defined by the laws of the jurisdiction in which he was convicted, in any state or federal court and has not:
(a) Been granted a full pardon by the Governor or by the President of the United States; or
(b) Been granted relief by the United States Secretary of the Treasury pursuant to the Federal Gun Control Act of 1968, as amended.
(2) (a) Possession of a firearm by a convicted felon is a Class D felony unless the firearm possessed is a handgun in which case it is a Class C felony.
(b) If a felon is convicted of a criminal offense other than possession of a firearm by a convicted felon, and he or she possessed a firearm in commission of that offense, then the felon shall be penalized for violating this section one (1) class more severely if it is a second or subsequent violation of this section.
(3) The provisions of this section shall apply to any youthful offender convicted of a felony offense under the laws of this Commonwealth. The exceptions contained in KRS 527.100 prohibiting possession of a handgun by a minor shall not apply to this section.
(4) The provisions of this section with respect to handguns, shall apply only to persons convicted after January 1, 1975, and with respect to other firearms, to persons convicted after July 15, 1994.
If you or someone you care about has been charged with a gun crime in Kentucky, contact our reputable criminal defense lawyers or gun charge lawyers as soon as possible by calling 859-636-6803.
(1) A person is guilty of possession of a defaced firearm when he knowingly possesses a defaced firearm unless he makes a report to the police or other appropriate government agency of such possession prior to arrest or authorization of a warrant by a court.
(2) Possession of a defaced firearm is a Class A misdemeanor.
If you or someone you care about has been charged with a gun crime in Kentucky, contact our reputable criminal defense lawyers or gun charge lawyers as soon as possible by calling 859-636-6803.
(1) A person is guilty of unlawful possession of a weapon on school property when he knowingly deposits, possesses, or carries, whether openly or concealed, for purposes other than instructional or school-sanctioned ceremonial purposes, or the purposes permitted in subsection (3) of this section, any firearm or other deadly weapon, destructive device, or booby trap device in any public or private school building or bus, on any public or private school campus, grounds, recreation area, athletic field, or any other property owned, used, or operated by any board of education, school, board of trustees, regents, or directors for the administration of any public or private educational institution. The provisions of this section shall not apply to institutions of postsecondary or higher education.
(2) Each chief administrator of a public or private school shall display about the school in prominent locations, including, but not limited to, sports arenas, gymnasiums, stadiums, and cafeterias, a sign at least six (6) inches high and fourteen (14) inches wide stating:
UNLAWFUL POSSESSION OF A WEAPON ON SCHOOL PROPERTY IN KENTUCKY IS A FELONY PUNISHABLE BY A MAXIMUM OF FIVE (5) YEARS IN PRISON AND A TEN THOUSAND DOLLAR ($10,000) FINE. Failure to post the sign shall not relieve any person of liability under this section.
(3) The provisions of this section prohibiting the unlawful possession of a weapon on school property shall not apply to:
(a) An adult who is not a pupil of any secondary school and who possesses a firearm, if the firearm is contained within a vehicle operated by the adult and is not removed from the vehicle, except for a purpose permitted herein, or brandished by the adult, or by any other person acting with expressed or implied consent of the adult, while the vehicle is on school property;
(b) Any pupils who are members of the reserve officers training corps or pupils enrolled in a course of instruction or members of a school club or team, to the extent they are required to carry arms or weapons in the discharge of their official class or team duties;
(c) Any peace officer or police officer authorized to carry a concealed weapon pursuant to KRS 527.020;
(d) Persons employed by the Armed Forces of the United States or members of the National Guard or militia when required in the discharge of their official duties to carry arms or weapons;
(e) Civil officers of the United States in the discharge of their official duties. Nothing in this section shall be construed as to allow any person to carry a concealed weapon into a public or private elementary or secondary school building;
(f) Any other persons, including, but not limited to, exhibitors of historical displays, who have been authorized to carry a firearm by the board of education or board of trustees of the public or private institution;
(g) A person hunting during the lawful hunting season on lands owned by any public or private educational institution and designated as open to hunting by the board of education or board of trustees of the educational institution;
(h) A person possessing unloaded hunting weapons while traversing the grounds of any public or private educational institution for the purpose of gaining access to public or private lands open to hunting with the intent to hunt on the public or private lands, unless the lands of the educational institution are posted prohibiting the entry; or
(i) A person possessing guns or knives when conducting or attending a “”gun and knife show”” when the program has been approved by the board of education or board of trustees of the educational institution.
(4) Unlawful possession of a weapon on school property is a Class D felony.
If you or someone you care about has been charged with a gun crime in Kentucky, contact our reputable criminal defense lawyers or gun charge lawyers as soon as possible by calling 859-636-6803.
(1) A person is guilty of using restricted ammunition during the commission of a crime when he commits any felony offense under this code and is armed at the time of the commission of the offense or in the immediate flight therefrom with a firearm loaded, as defined in KRS 237.060, with armor-piercing ammunition as defined in KRS 237.060 or flanged ammunition as defined in KRS 237.060.
(2) Using restricted ammunition during the commission of a crime is:
(a) A Class D felony if no shot is fired;
(b) A Class C felony if a shot is fired and no person is killed or wounded thereby;
(c) A Class B felony if a shot is fired and a person other than the defendant or an accomplice of the defendant is wounded by the shot; and
(d) A Class A felony if a shot is fired and a person other than the defendant or an accomplice of the defendant is killed by the shot.
(3) The provisions of this section are intended to be a separate offense from the underlying crime, which shall be punished separately. If a person is convicted of this offense, his sentence shall be served consecutively to the sentence for the underlying offense.
(4) The provisions of this section shall not apply to any person who is justified in acting pursuant to the provisions of KRS Chapter 503.
If you or someone you care about has been charged with a gun crime in Kentucky, contact our reputable criminal defense lawyers or gun charge lawyers as soon as possible by calling 859-636-6803.
(1) As used in this section:
(a) “Licensed dealer” means a person who is licensed pursuant to 18 U.S.C. sec. 923 and pursuant to any laws of this Commonwealth and engages in the business of dealing in firearms;
(b) “Materially false information” means information that portrays an illegal transaction as legal or a legal transaction as illegal; and
(c) “Private seller” means a person who sells or offers for sale any firearm.
(2) A person is guilty of fraudulent firearm transaction when he or she knowingly:
(a) Solicits, persuades, encourages, or entices a licensed dealer or private seller of firearms to transfer a firearm under circumstances which the person knows would violate the laws of this Commonwealth or the United States;
(b) Provides to a licensed dealer or private seller of firearms what the person knows to be materially false information with intent to deceive the dealer or seller about the legality of a transfer of a firearm; or
(c) Procures another to engage in conduct prohibited by this section.
(3) Fraudulent firearm transaction is a Class D felony.
If you or someone you care about has been charged with a gun crime in Kentucky, contact our reputable criminal defense lawyers or gun charge lawyers as soon as possible by calling 859-636-6803.
(1) Except as provided in subsection (3) of this section, no person shall be in possession of a loaded, as defined in KRS 237.060, firearm while actually within the room where alcoholic beverages are being sold by the drink of a building on premises licensed to sell distilled spirits and wine at retail by the drink for consumption on the licensed premises pursuant to KRS Chapter 243.
(2) This section shall not apply to the owner manager, or employee of licensed premises, law enforcement officers, or special local peace officers commissioned pursuant to KRS 61.360.
(3) This section shall not apply to a bona fide restaurant open to the general public having dining facilities for not less than fifty (50) persons and which receives less than fifty percent (50%) of its annual food and beverage receipts from the dining facilities by the sale of alcohol.
(4) Nothing in this section shall be construed as permitting the carrying of a concealed deadly weapon in violation of KRS 527.020.
(5) Any firearm possessed in violation of this section shall be subject to forfeiture and shall be disposed of pursuant to KRS 237.090.
If you or someone you care about has been charged with a gun crime in Kentucky, contact our reputable criminal defense lawyers or gun charge lawyers as soon as possible by calling 859-636-6803.
Carrying a Concealed Deadly Weapon
CIR Legal’s seasoned gun lawyers can help you with any type of gun charge and help you determine what you’re up against—Including carrying a concealed deadly weapon or, simply, 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. 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.
To know more about this particular gun crime, its penalties, and possible defenses a skilled gun lawyer can be used for it, visit our concealed carry page here.
Gun Charges involving Minors and Juveniles
(1) A person is guilty of possession of a handgun by a minor when, being under the age of eighteen (18) years, he possesses, manufactures, or transports a handgun as defined by KRS 527.010, except when the person is:
(a) In attendance at a hunter’s safety course or a firearms safety course;
(b) Engaging in practice in the use of a firearm, or target shooting at an established firing range, or any other area where the discharge of a firearm is not prohibited;
(c) Engaging in an organized competition involving the use of a firearm, or participating in or practicing for a performance by a group organized under Section 501(c)(3) of the Internal Revenue Code or any successor thereto which uses firearms as a part of the performance;
(d) Hunting or trapping pursuant to a valid license issued to him pursuant to the statutes or administrative regulations of this Commonwealth;
(e) Traveling to or from any activity described in paragraphs (a) to (d) of this subsection with any unloaded handgun in his possession;
(f) On real property which is under the control of an adult and has the permission of that adult and his parent or legal guardian to possess a handgun; or
(g) At his residence and with the permission of his parent or legal guardian possesses a handgun and is justified under the principles of justification set forth in KRS Chapter 503 in using physical force or deadly physical force.
(2) For the purposes of subsection (1) of this section, a handgun is “”loaded”” if:
(a) There is a cartridge in the chamber of the handgun; or
(b) There is a cartridge in the cylinder of the handgun, if the handgun is a revolver; or
(c) There is a cartridge in the magazine of a semiautomatic handgun, if the magazine is attached to the handgun; or
(d) The handgun and the ammunition for the handgun, are carried on the person of one under the age of eighteen (18) years or are in such close proximity to him that he could readily gain access to the handgun and the ammunition and load the handgun.
(3) Possession of a handgun by a minor is a Class A misdemeanor for the first offense and a Class D felony for each subsequent offense.
If you or someone you care about has been charged with a gun crime in Kentucky, contact our reputable criminal defense lawyers or gun charge lawyers as soon as possible by calling 859-636-6803.
(1) A person is guilty of unlawfully providing a handgun to a juvenile or permitting a juvenile to possesses a handgun when he:
(a) Intentionally, knowingly, or recklessly provides a handgun, with or without remuneration, in violation of KRS 527.040, 527.100, or 600.020 to any person he knows or has reason to believe is under the age of eighteen (18) years; or
(b) Is the parent or legal guardian of a juvenile and intentionally, knowingly, or recklessly provides a handgun to the juvenile or permits the juvenile to possess a handgun knowing that there is a substantial risk that the juvenile will use a handgun to commit a felony offense; or, with knowledge that the juvenile has been convicted of a crime of violence as defined in KRS 439.3401 or has been adjudicated a public offender of an offense which would constitute a crime of violence as defined in KRS 439.3401, provides a handgun to that juvenile.
(2) Unlawfully providing a hand gun to a juvenile or permitting a juvenile to possess a handgun is a Class D felony.
If you or someone you care about has been charged with a gun crime in Kentucky, contact our reputable criminal defense lawyers or gun charge lawyers as soon as possible by calling 859-636-6803.
(1) A person is guilty of use of a weapon of mass destruction in the first degree when he or she intentionally, without lawful authority, places a weapon of mass destruction at any location in the Commonwealth and, as a result, any person other than the defendant is killed or receives serious physical injury.
(2) A weapon of mass destruction is used with lawful authority if it is used with the written permission of an agency of the Commonwealth or of a city, county, charter county, or urban-county government having jurisdiction over the use of destructive devices as defined in KRS 237.030 or the use of explosives.
(3) Use of a weapon of mass destruction in the first degree is a Class A felony unless a person other than the defendant is killed as a result, in which case it is a capital offense.
If you or someone you care about has been charged with a gun crime in Kentucky, contact our reputable criminal defense lawyers or gun charge lawyers as soon as possible by calling 859-636-6803.
(1) A person is guilty of trafficking in a controlled substance in the third degree when he or she knowingly and unlawfully traffics in:
(a) Twenty (20) or more dosage units of a controlled substance classified in Schedules IV or V; or
(b) Any quantity of a controlled substance specified in paragraph (a) of this subsection in an amount less than the amount specified in that paragraph.
(2) (a) Any person who violates the provisions of subsection (1)(a) of this section shall be guilty of:
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- A Class A misdemeanor for a first offense involving one hundred twenty (120) or fewer dosage units;
- A Class D felony for a first offense involving more than one hundred twenty (120) dosage units; and
- A Class D felony for a second or subsequent offense.
(b) Any person who violates the provisions of subsection (1)(b) of this section shall be guilty of:
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- A Class A misdemeanor for the first offense, subject to the imposition of presumptive probation; and
- A Class D felony for a second or subsequent offense, except that KRS Chapter 532 to the contrary notwithstanding, the maximum sentence to be imposed shall be no greater than three (3) years.
If you or someone you care about has been charged with a gun crime in Kentucky, contact our reputable criminal defense lawyers or gun charge lawyers as soon as possible by calling 859-636-6803.
(1) Except as provided in KRS 527.205, a person is guilty of use of a weapon of mass destruction in the third degree when intentionally, without lawful authority, he or she places a weapon of mass destruction at any location in the Commonwealth.
(2) A weapon of mass destruction is used with lawful authority if it is used with the written permission of an agency of the Commonwealth or of a city, county, charter county, or urban-county government having jurisdiction over the use of destructive devices as defined in KRS 237.030 or the use of explosives.
(3) Use of a weapon of mass destruction in the third degree is a Class C felony.
If you or someone you care about has been charged with a gun crime in Kentucky, contact our reputable criminal defense lawyers or gun charge lawyers as soon as possible by calling 859-636-6803.
Penalties in Weapons and Gun Cases
Although the penalties for all gun crimes committed in the Commonwealth of Kentucky are subject to the results of the work from your criminal defense attorney during the trial, there are still basic Kentucky Sentencing Guidelines for cases of gun offenses, depending on their seriousness, which determines whether the crime is classified as a misdemeanor or a felony is detailed in their individual statute
Each of these types of offenses are then divided into two and four classes, respectively. There are class A and class B misdemeanors and classes A through D felonies, plus a capital offense classification for crimes resulting in death, with the harshest punishments.
For gun crimes for example, use of a weapon of mass destruction in the first degree is a capital offense when a person other than the defendant is killed as a result. But for any of these offenses, it is of utmost importance to work with a reputable weapons lawyer or gun lawyer 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 crime punishable by a misdemeanor are;
- Class A misdemeanors – 90 days to 12 months jail time, including a monetary fine that can cost up to 500 dollars , and
- Class B misdemeanors – up to 90 days jail time, including a monetary fine up to 250 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 gun attorney you can get. A competent gun defense attorney 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 for each class of this offense are;
- Class A – 20 to 50 years, or even life imprisonment,
- Class B – 10 to 20 years,
- Class C – 5 to 10 years, and
- Class D – 1 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 gun defense lawyer 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 gun defense attorneys who pay close attention to create a great working client relationship with the people and cases they take on is essential. Experienced gun attorneys will know what to expect along with the best way to protect your rights, or avoid a conviction altogether.
Capital Offense
In addition to misdemeanors and felonies, there is another classification that applies to a group of the worst of the worst crimes in the US: Capital Offense.
A Capital Offense In Kentucky is normally a felony where the result is death, meaning the crime is usually murder, kidnapping that leads to death, the death of a minor after rape or molestation, or any violent crime that results later in death.
Kentucky’s sentencing guidelines for a capital offense state the penalties can range from death, to life without parole, or 20 to 50 years life in prison. Every detail in your case, no matter how small, will be important to any criminal defense lawyer that might represent you when facing a capital offense conviction. There are several avenues a crime attorney can explore when trying to avoid the worst sentence when accused of a capital offense.
Federal
A firearm is “(A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive”, according to Title 18 Section 921 of the US. Code, while Section 930 defines a dangerous weapon as anything that “is used for, or is readily capable of, causing death or serious bodily injury.” The topic of firearm and weapons control is a very important and controversial one in any state, but suffice to say that the 2nd Amendment makes it a right to possess a firearm, but the government can regulate the circumstances of that right, and punish a person that is convicted of violating those rules. Typical federal penalties for firearm crimes you can get include 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 defense 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 gun defense
All of our criminal gun 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 gun charges, gun defenses, and other practice areas. We value the best interest of every client above all. When it comes to gun offenses, you need gun attorneys 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 gun lawyers
At CIR Legal, our gun attorney’s gun defense services include offering free consultation and case review to potential clients or otherwise. Our gun 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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Our promise to you is based on a simple principle – focus on your goals and achieve exceptional results. You have trusted us to represent your interests in one of the most important events in your life, and we will not let you down.
We will always keep you informed about your case. We will always explain a clear path forward, and provide you with an understanding of “what to expect” at each step. We will always be directly accessible to you and promptly respond to any questions you may have.
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