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Is it illegal for a criminal to have or poses a hi powered pellet hand gun in the state of kentucky

Danville, KY |

my felonys violent or drug related and there over 20 years ago

Attorney Answers 3

Posted

I would stay away from all guns if I were you. As a felon, do you really want to take a chance to get messed with by police who mistake it for a firearm. That said, you need to find a local lawyer in your area to advise you specifically on the law there.

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Posted

Without an explosion it isn't a firearm by statutory definition; however that isn't to say that it isn't a weapon. As a convicted felony you cannot be in possession of a firearm, but given that your convictions are so long ago, I doubt that you have a "no weapons" restriction currently. Nonetheless, I would ensure that the pellet gun was easily recognizable as such. No need to cause police to think it is a firearm and arrest you, only to find out it is a pellet gun later.

237.060 Definitions for KRS 237.060 to 237.090 and certain other sections.
The following definitions apply in KRS 237.060 to 237.090 and KRS 197.170,
218A.992, 244.125, 244.990, and 514.110, unless the context otherwise requires:
(1) "Handgun" means any pistol or revolver originally designed to be fired by the use of
a single hand, or any other firearm originally designed to be fired by the use of a
single hand.
(2) "Firearm" means any weapon which will expel a projectile by the action of an
explosive.

The information you obtain at this site is not, nor is it intended to be, legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action.

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Posted

A convicted felon in possession of a firearm, is a felony under federal law and KY state law:
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Kentucky Revised Statutes

Title 50. KENTUCKY PENAL CODE

Chapter 527. OFFENSES RELATING TO FIREARMS AND WEAPONS

Current through 2013 Ky. Acts ch. 134

§ 527.040. Possession of firearm by convicted felon - Exceptions

(1) A person is guilty of possession of a firearm by a convicted felon when he possesses, manufactures, or transports a firearm when he has been convicted of a felony, as defined by the laws of the jurisdiction in which he was convicted, in any state or federal court and has not: (a) Been granted a full pardon by the Governor or by the President of the United States;
(b) Been granted relief by the United States Secretary of the Treasury pursuant to the Federal Gun Control Act of 1968, as amended.

(2) Possession of a firearm by a convicted felon is a Class D felony unless the firearm possessed is a handgun in which case it is a Class C felony.
(3) The provisions of this section shall apply to any youthful offender convicted of a felony offense under the laws of this Commonwealth. The exceptions contained in KRS 527.100 prohibiting possession of a handgun by a minor shall not apply to this section.
(4) The provisions of this section with respect to handguns, shall apply only to persons convicted after January 1, 1975, and with respect to other firearms, to persons convicted after July 15, 1994.

Cite as KRS 527.040

History. Effective: July 15, 1994.
Amended 1994 Ky. Acts ch. 30, sec. 3, effective July 15, 1994; and ch. 396, sec. 10, effective July 15, 1994. -- Created 1974 Ky. Acts ch. 406, sec. 237, effective January 1, 1975.

Note:

Legislative Research Commission Note (7/15/94). This section was amended by 1994 Ky. Acts chs. 30 and 396 which do not appear to be in conflict and have been codified together.
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Kentucky Revised Statutes

Title 50. KENTUCKY PENAL CODE

Chapter 527. OFFENSES RELATING TO FIREARMS AND WEAPONS

Current through 2013 Ky. Acts ch. 134

§ 527.010. Definitions for chapter

The following definitions apply in this chapter unless the context otherwise requires:

(4) "Firearm" means any weapon which will expel a projectile by the action of an explosive.
(5) "Handgun" means any pistol or revolver originally designed to be fired by the use of a single hand, or any other firearm originally designed to be fired by the use of a single hand.
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I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..

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