Guns and More Covered by Weapons Charges

If you’re a fan of the Second Amendment, Kentucky is a great place for you to live—the state has some of the most relaxed gun laws in the nation. As of June 27, 2019, concealed carry is legal in Kentucky without a background check, permit or safety training so long as you’re over 21 and meet the rest of the (minimal) requirements.

However, carrying weapons—including guns—can still result in weapons and gun charges in Lexington, KY if you don’t follow the laws. There are still places where concealed carry is not permitted, and, of course, persons under 21 or those convicted of a felony will not be allowed to possess a gun.

Here are some situations in which you could be charged with a gun-related crime:

  • Illegal possession: State laws provide that people over 21 and not convicted of a felony are allowed to have a gun—on the other hand, you still have to comply with federal gun laws. Federal laws stipulate that anyone convicted of a domestic violence misdemeanor or subject to a domestic violence restraining order, those committed to a psychiatric facility, dishonorably discharged military members, illegal drug users and illegal residents or those on a non-immigrant visa cannot own or possess a gun. If you fall under these categories, it’s best that you stay far away from firearms.
  • Defacing guns: Don’t file off that serial number just yet—defacing or possessing a defaced gun is a Class A misdemeanor in Kentucky.
  • Providing guns to children or felons: Unless your child is over 18, don’t go handing them the keys to the gun safe just yet. It’s a Class D felony in Kentucky to provide anyone under 18—including your own child, if there’s a risk they’ll use it to commit a violent felony or have been convicted of a violent offense previously—with a firearm. You also cannot sell or transfer a gun to a felon, unless you want a Class A misdemeanor on your record.
  • Minors in possession of handguns: Kentucky law allows minors to have rifles and shotguns, but not handguns—with a few exceptions. Your child can use a handgun if they have your permission, are on private property, are hunting or target shooting or are attending a firearm or hunter’s safety class. If caught violating this law, your kid will be subject to a Class A misdemeanor for the first offense, and a Class D felony for subsequent offenses.
  • Possession on school grounds or other restricted areas: Finally, you can’t possess a gun on school property (including buses) unless you’re a law enforcement officer, you’re a student required to carry it as part of a club or activity or you’re an adult who does not brandish the weapon. You also may not carry concealed weapons on federal property, in police stations and other law enforcement facilities (including courthouses) and on private property with a sign posted that bans firearms.

If you’ve been hit with a weapons charge in Lexington, KY and need legal help, call Oakley & Oakley LLC today.

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