DUI Lawyers in Louisville, KY

In the commonwealth of Kentucky, the right to own or carry firearms for residents, out of states residents, and out of country residents is protected by Statue 237 in the state constitution.   All Kentucky residents have the right to purchase rifles, shotguns, handguns and any other firearms from licensed dealers, manufacturers, importers, collectors or unlicensed individuals, in accordance with the federal law, Kentucky Revised Statues, local ordinances and the law of the purchaser’s state, if applicable.   The following chart sums the requirements for owning, purchasing and carrying rifles, shotguns and handguns.

  Rifles and Shotguns Handguns
Permit to Purchase No No
Registration of Firearms No No
Licensing of Owners No No
Permit to Carry No Yes

While a majority of the general population can purchase, own or carry an open or concealed gun, certain individuals cannot carry a firearm in Kentucky, including:

  • People under 21 years old
  • Those convicted in the last three years for controlled substance crimes
  • Any individual with two or more alcohol related convictions in the last three years
  • Anyone that owes child support money totaling more than one year’s worth
  • Anyone with a warrant for child support or paternity proceedings
  • People who have not finished the firearms safety course for a concealed weapons license
  • Any person convicted of felonies

There are also specific rules that prohibit carrying of firearms in certain locations, including:

  • Facilities that sell alcoholic beverages, excluding restaurants that have a 50% profit from food
  • School properties and/or child care locations
  • Police stations, prisons, jails courthouses, airports or public meeting facilities
  • Any other place where federal law prohibits carrying a firearm.

While a permit is not required to own a gun, a license is required to carry a concealed weapon or a concealed handgun.  In Kentucky, a concealed weapon is defined as one that is not easily visible and is immediately accessible for used by the person.  This also includes firearms placed under the driver’s seat in vehicles or in a locked or unlocked glove department.   In order to obtain a concealed firearm permit, you must be at least 21 years old, a resident of Kentucky for at least six months, and a citizen of the United States.  Additionally, active duty military personnel assigned to Kentucky for at least six months are also eligible for a concealed carry permit.   All concealed weapons license applicants are required to complete the Department of Justice Training’s firearms safety course, which covers instruction, care, cleaning, marksmanship, and target practice. The license is valid for five years.

Concealed weapons licenses are prohibited for people who fall into the following categories:

  • People who have been incarcerated for a term of over one year
  • People who have been convicted of domestic violence misdemeanors
  • People with two or more convictions of driving under the influence of alcohol, drugs or other controlled substances within three years
  • People who owe child support greater or equal to the amount paid in one-year’s time
  • People with warrants or subpoenas relating to child support or paternity cases
  • People with convictions including assault in the fourth degree or terroristic threatening in the third degree within three years.

Violating gun laws in Kentucky carry strict penalties.  If you carry a concealed weapon without a license, it is a Class A Misdemeanor with a fine of up to $500 and/or a jail sentence of up to one year.  If a convicted felon carries a concealed weapon, it is a Class D Misdemeanor with a fine ranging from $1,000 to $10,000 and/or a jail sentence ranging from one year to five years.   If a person uses destructive devices or booby trap devices to avoid detection by law enforcement or government personnel or to avoid theft or detection by any person, it is a Class C Felony.   If you or someone you know needs a criminal defense lawyer in Louisville for firearm related charges, call Durrett & Kersting Law, PLLC.  Our experienced team of criminal law attorneys can assist you with any firearm related penalties in Louisville, Kentucky and the surrounding areas.

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