In these gun laws pages, we refer to both “federal gun laws” and “state gun laws.”  The major difference between the two has to do with who makes the law, who prosecutes someone who violates the law, and what the penalty is for breaking the law.

One reason why it is important for you to know that there are these two sets of gun laws is so that you can understand all of the possible ways that the abuser might be breaking the law, and you can better protect yourself.  Throughout this section, we will be referring mostly to state laws. Be sure to also read our Federal Gun Laws pages to see if any federal laws apply to your situation as well.  You will need to read both state and federal laws to see which ones, if any, the abuser might be violating.

If you are calling the police because you believe the abuser has violated a gun law, you do not necessarily need to be able to tell the police which law was violated (state versus federal) but local police cannot arrest someone for violating federal law, only for violating state/local laws.  Only federal law enforcement, the Bureau of Alcohol, Tobacco and Firearms (“ATF”), can arrest someone for violating federal laws.  If the local police believe that a state law is being violated, they could arrest the abuser and hand the case over to the state prosecutor.  If the local police believe a federal law is being violated, hopefully, the police department will notify the ATF or perhaps the U.S. Attorney’s office in your state (which is the federal prosecutor).  For information on how you can contact ATF directly to report the violation of federal gun laws, go to Who do I notify if I think the abuser should not have a gun?  If the abuser is breaking both state and federal laws, s/he might be prosecuted in both state and federal court.

Throughout these gun law pages, we will refer to gun laws that make it illegal for someone convicted of a felony to have a gun. A felony is a more serious crime than a misdemeanor. It is defined under federal law and Kentucky state law as a crime that is punishable by a prison sentence of more than one year.¹ However, you cannot always tell if someone was convicted of a felony only by looking at the amount of time s/he actually served in prison since sentences are often reduced or pled down. If you are unsure if the abuser was convicted of a felony, you might want to talk to the prosecutor who handled the criminal case against the abuser to find out or go to the local criminal courthouse and try to search the records.

¹ 18 USC § 3559; KRS § 500.080(5)

Probably not.  Under Kentucky state law, a person will be denied a license to carry concealed firearms, ammunition, or other deadly weapons if or if s/he already has a license to carry, it will be suspended or revoked if s/he has a domestic violence order issued against him/her and all of the following are true:

1. it was issued after notice and a hearing;
2. the order restrains him/her from:
   • harassing, stalking, or threatening an intimate partner (or the partner’s child); or
   • engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner (or the partner’s child); and
3. it includes a finding that s/he represents a credible threat to the physical safety of an intimate partner (or the partner’s child) or it specifically prohibits the use, attempted use, or threatened use of physical force against an intimate partner (or the partner’s child) that would reasonably be expected to cause bodily injury.¹

If the abuser already has a license to carry concealed firearms and you get a domestic violence order (or an emergency protective order) against him/her, s/he has to surrender that license to the court or to the law enforcement officer who serves him/her with the order.  The license will then be suspended until the order is terminated (or until the judge who issued the order terminates the suspension of the license before the order ends).²  The failure of a license holder to surrender his/her license if any of the above conditions apply is considered a Class A misdemeanor crime.³

Note: If the abuser is a peace officer and an emergency protective order or domestic violence order is issued against him/her, s/he cannot carry a concealed deadly weapon while off-duty (but s/he can use it while on duty).²  

Also, federal laws, which apply to all states, restrict an abuser’s right to have a gun if you have a final domestic violence order against him/her that meets certain requirements.  Go to the Federal Gun Laws page to get more information.

¹1 KRS § 237.110(4),(13)(a),(b); 18 USC § 922(g),(n)
² KRS § 237.110(13)(k) 
³ KRS § 237.110(13)(i)

Here are a few things that may help:

• If the abuser has a gun, tell the judge how many guns s/he has, and if s/he has ever threatened you with a gun(s);
• Ask the judge to specifically write in your domestic violence order that the abuser cannot own, buy or have a gun while the order is in effect. The form that you will have to fill out to petition for an order will have a place where you can request additional protections. You can ask that the abuser’s gun(s) be taken away in that section.
• Before leaving the courthouse, check to make sure that the gun restriction is written on your order.

It also may be helpful if the judge explains what will happen to the abuser’s guns, who will take them, and where they will be held once you leave the courthouse. If the judge agrees to add language that the abuser cannot keep his/her guns while the domestic violence order is in effect, you may also want to ask that the judge:

• Require the abuser to give his/her guns to the police, or require the police to go to the abuser’s house and get them;
• Make it clear to both you and the abuser how long the guns will be kept away from the abuser; and
• Order that the police notify you when the guns are returned to the abuser.

Under Kentucky state law, if a convicted felon has a handgun in his/her possession, it is a Class C felony.  Possession of any other firearm by a convicted felon is a Class D felony.¹  In addition, a person can be denied a license to carry concealed firearms, ammunition, or other deadly weapons (or if s/he already has a license to carry, it can be suspended or revoked) if any of the following apply:

• s/he was convicted of a felony; 
• s/he is currently under indictment for a felony;
• s/he was convicted in any court of a misdemeanor crime of domestic violence;
• s/he was convicted of a misdemeanor crime related to controlled substances listed in Chapter 218A (or similar laws of any other state relating to controlled substances) within the 3 years prior to filing the license application; 
• ​s/he has 2 or more convictions for DUI within the 3 years prior to filing the license application; or
• s/he is a fugitive from justice.²

If the abuser has a license to carry a concealed firearms and then any of the above circumstances apply, s/he has to surrender his/her license or else it can be considered a Class A misdemeanor crime.³

Also, federal laws, which apply to all states, restrict an abuser’s right to have a gun if s/he was convicted of a felony or a domestic violence misdemeanor.  Go to the Federal Gun Laws page to get more information.

¹ KRS § 527.040(2)
² KRS § 237.110(4),(13)(a),(b)
³ KRS § 237.110(13)(i)

Before purchasing a gun from a licensed firearm dealer, all buyers must undergo a criminal background check that is processed through the National Instant Criminal Background Check System (NICS). The National Instant Criminal Background Check System is used by federal firearms licensees (FFLs), such as firearms dealers or pawnbrokers, to instantly determine whether someone is eligible to receive (own, possess, transport) firearms or explosives.¹ If the abuser has a qualifying protection order against him/her, or has been convicted of a felony or domestic violence misdemeanor in any state, those records should be in the NICS, which should prevent the abuser from legally buying a gun. Not all states have automated record keeping systems, making it more difficult to process the criminal background check, and some criminals and abusers do slip through the system. Also, it is important to know that background checks are not required for private and online gun sales and so in those situations, the seller is not looking in the NICS.

If the abuser is able to purchase a gun and you believe that s/he should not be able to have one under the law, you can alert the police, and ask that his/her gun be taken away and perhaps the police will investigate. Generally, it is not a good idea to assume that because the abuser was able to buy a gun, it is legal for him/her to have one.

¹ National Criminal Justice Reference Service website

Under Kentucky state law, if a convicted felon has a handgun in his/her possession, it is a Class C felony and s/he can be sentenced to between 5 and 10 years in prison, a fine of between $1,000 and $10,000, or both.  Possession of any other firearm by a convicted felon is a Class D felony, and s/he can be sentenced to between 1 and 5 years in prison, a fine of between $1,000 and $10,000, or both.¹  

In addition, if the abuser’s license to carry concealed firearms is suspended or revoked for any of the reasons mentioned in I am a victim of domestic violence and the abuser has a gun. Is that legal?, and s/he doesn’t surrender the license as s/he is ordered to do, it can be a Class A misdemeanor.  The penalty for a Class A misdemeanor can be up to one year in prison, a fine of up to $500, or both.²

Also, anyone who owns, has or buys a gun in violation of the federal firearm law can be punished by a fine, jail time for up to 10 years, or both.³  Go to the Federal Gun Laws page to get more information.

¹ KRS §§  527.040(2); 532.060(c),(d); 534.030(1)
² KRS §§ 237.110(13)(i); 534.040(1); 532.090(1)
³ 18 USC § 924(a)(2)

Possibly not. Even if you do not have a domestic violence order against the abuser and s/he has not been convicted of any crime, it can still be illegal for him/her to have a gun under the following circumstances. Under Kentucky state law, a person can be denied a license to carry concealed firearms, ammunition, or other deadly weapons (or if s/he already has a license to carry, it can be suspended or revoked) if any of the following apply:

• s/he is not a resident of Kentucky (although if s/he is on active military duty and is assigned to a military post in Kentucky at the time of the application, that is considered a resident for these purposes);
• s/he is not a U.S. citizen or is not lawfully admitted to the U.S.;
• s/he is under 21 years old;
• s/he is currently under indictment for a felony (but has not yet been convicted);
• s/he is a fugitive from justice;
• s/he is an unlawful user of or addicted to a controlled substance (drug);
• s/he was adjudicated as a “mental defective” or s/he has been committed to a mental institution;
• s/he was illegally or unlawfully in the United States;
• s/he was admitted to the United States under a nonimmigrant visa (there are limited exceptions to this);
• s/he was discharged from the Armed Forces under dishonorable conditions;
• s/he was a citizen of the United States but renounced (gave up) his/her citizenship;
• s/he was committed to a state or federal facility for the abuse of a controlled substance within the three years prior to filing the license application;
• ​s/he chronically and habitually uses alcohol, which can be shown by having been committed as an alcoholic within the three years prior to filing the license application; or
• s/he owes unpaid child support that is equal to or more than one year’s worth of payments or s/he has not complied with any subpoena or warrant relating to child support or paternity proceedings (the license would only be denied under these circumstances if the Cabinet for Health and Family Services notifies the Department of Kentucky State Police of the arrears or failure to comply with the subpoena/warrant).¹

Even if none of these situations apply, you can still make a plan for your safety. See our Safety Planning page for more information. You can also contact your local domestic violence organization for additional help. You may want to talk to them about whether leaving the area - either long term or for a little while - might help improve your safety. See our KY Advocates and Shelters page for referrals.

For additional information on gun laws in Kentucky, you can go to the Giffords Law Center website.

Also, federal laws, which apply to all states, restrict an abuser’s right to have a gun under other circumstances. Go to Federal Gun Laws to get more information.

¹ KRS § 237.110(4),(13)(a),(b)