With changes to gun laws in Kentucky, many people believe that there are no longer criminal charges associated with guns in the state. While the law has changed so that carry concealed is allowed in the state, there are still many laws that can lead to criminal charges.
- You cannot carry a concealed weapon while possessing or selling any illegal substance. This includes possession of any weapon even with possession of a small amount of marijuana. Pursuant to KRS 218A.992, any penalty is enhanced if in possession of a firearm:
218A.992 Enhancement of penalty when in possession of a firearm at the time of
commission of offense.
(1) Other provisions of law notwithstanding, any person who is convicted of any
violation of this chapter who, at the time of the commission of the offense and in
furtherance of the offense, was in possession of a firearm, shall:
(a) Be penalized one (1) class more severely than provided in the penalty
provision pertaining to that offense if it is a felony; or
(b) Be penalized as a Class D felon if the offense would otherwise be a
misdemeanor.
(2) The provisions of this section shall not apply to a violation of KRS 218A.210,
218A.1450, 218A.1451, or 218A.1452.
- Carrying a concealed weapon may still be a crime as there are many places where carrying a weapon is prohibited, even if you previously had a CCW permit. Pursuant to KRS 527.020, it is illegal to carry a weapon into :
- detention facility (jail or prison)
- a bank
- a courthouse, sheriff office, police station
- a drinking establishment
- a daycare or school.
- It is illegal for a convicted felon (including those on probation or diversion) from owning or possessing a firearm. This is a class D felony for most, but class C felony for handgun. KRS 527.040.
If you have been charged with a crime involving a handgun or firearm, you need to hire an experienced criminal defense attorney. For representation in Northern Kentucky, contact Michael Bouldin at Bouldin Law Firm or call 859-581-6453 (581-MIKE).