Firearm and Weapons Offenses
The Constitution gives citizens of the United States the right to bear arms. Each state has laws that define and regulate that right. Although generally very lenient in comparison to other states, Kentucky weapons laws do outline some limitations. Individuals who violate these restrictions or commit a crime while using a weapon face severe penalties, including hefty fines and long prison sentences. Additionally, anyone convicted of a felony is automatically barred from ever possessing a firearm.
An experienced Lexington, KY firearms lawyer, Dan Carman will examine the details of your case and use every available legal resource to build the strongest possible defense. He has represented clients faced with a variety of criminal offenses and is well equipped to assist you with your case. Each situation has unique facts and circumstances – not all firearm charges have to end in convictions.
FAYETTE COUNTY FIREARM AND WEAPON OFFENSE LAWYER
Firearms are defined in KRS 237.060(2) as “any weapon which will expel a projectile by the action of an explosive.” A handgun is defined in KRS 237.060(1) as “any pistol or revolver originally designed to be fired by the use of a single hand, or any firearm originally designed to be fired by the use of a single hand.” These distinctions can be crucial in determining appropriate charges and sentencing. For example, possession of a firearm by a convicted felon is a Class D felony punishable by one to five years in prison, while possession of a handgun by a convicted felon is a Class C felony punishable by five to ten years in prison. Corresponding fines vary as well.
Some criminal charges such as robbery, assault, and drug trafficking are charged and sentenced more severely if the accused has a firearm in his or her possession during the crime. Whether you have been arrested for one crime and were subsequently charged with a firearm offense or are facing gun charges on their own, you should have an aggressive KY criminal defense attorney on your side, working to keep you out of jail. Dan Carman has years of experience handling criminal defense matters and has extensive knowledge of Kentucky’s gun laws.
He handles all types of weapons charges, including:
- Carrying a weapon in violation of probation or parole
- Committing a crime with the use of a firearm
- Concealed-carry (CCDW) violations
- Possession of a firearm by a convicted felon
- Possession of a firearm by a minor
- Possession of a stolen firearm
- Possession of defaced firearm (serial number removed)
- Sale of firearm to a minor.
Kentucky’s concealed carry law does not allow an individual to have concealed deadly weapons on or about his person without a permit. If you are found carrying a concealed deadly weapon, you will be charged with a Class A misdemeanor. “Deadly weapons” include a range of weapons such as clubs, brass knuckles, pocket knives, hunting knives, and handguns. Although these weapons may be carried without a permit in any factory-installed compartment within the passenger area of a vehicle, concealed carry is prohibited in certain places, such as police stations, prisons, particular airport areas, and specific school grounds. Weapons charges can have some legal gray areas regarding possession and concealment. A qualified Kentucky lawyer will consider all details of your case to craft a strong defense, protect your rights, and reduce the chance of severe penalties.
FELONS AND FIREARMS
Average Kentucky citizens enjoy the right to openly carry a firearm without a permit. Convicted felons do not have the right to possess, manufacture, or transport firearms, and such rights can only be restored through a pardon by the governor or the President or by a grant of relief by the federal treasury. If you have previously been convicted of a felony, state and federal laws make it illegal to carry a firearm for any reason, even for an activity as common as hunting.
If you have been arrested on a charge of firearm possession and you are a convicted felon, you may be facing as much as 20 years in prison and up to $10,000 in fines. You need competent legal assistance to address these very serious charges. Dan Carman is a zealous, compassionate Kentucky weapons possession defense attorney who will work diligently with you and tirelessly for you. Do not delay before seeking help. Getting a criminal defense attorney involved as soon as possible is essential for a favorable outcome. Contact him today by calling 859-685-1055 or by filling out this online form.