Skip to main content

To be charged with possession of a firearm by a convicted felon that mean at the time of the arrest?

Louisville, KY |

That the police had found the gun to be in your possession? In this case the victims is saying it was a gun invovled but no gun has ever been found can they still charge the defendant with possession of a firearm by convicted felon?

Attorney Answers 2

Posted

Here is the KY statute. Yes you can be charged with the offense but the government must prove you were in possession of a firearm and that you are a convicted felony. Hire a competent criminal defense attorney in Louisville to represent you ASAP.

§ 527.040. Possession of firearm by convicted felon - Exceptions.
Kentucky Revised Statutes

Title 50. KENTUCKY PENAL CODE

Chapter 527. OFFENSES RELATING TO FIREARMS AND WEAPONS

Current through Chapter 162, with the exception of Chapter 1, of the 2012 Legislative Session


§ 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.

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..

Mark as helpful

1 lawyer agrees

1 comment

Frank Mascagni III

Frank Mascagni III

Posted

§ 500.080. Definitions for Kentucky Penal Code. Kentucky Revised Statutes Title 50. KENTUCKY PENAL CODE Chapter 500. GENERAL PROVISIONS Current through Chapter 162, with the exception of Chapter 1, of the 2012 Legislative Session § 500.080. Definitions for Kentucky Penal Code As used in the Kentucky Penal Code, unless the context otherwise requires: (1) "Actor" means any natural person and, where relevant, a corporation or an unincorporated association; (2) "Crime" means a misdemeanor or a felony; (3) "Dangerous instrument" means any instrument, including parts of the human body when a serious physical injury is a direct result of the use of that part of the human body, article, or substance which, under the circumstances in which it is used, attempted to be used, or threatened to be used, is readily capable of causing death or serious physical injury; (4) "Deadly weapon" means any of the following: (a) A weapon of mass destruction; (b) Any weapon from which a shot, readily capable of producing death or other serious physical injury, may be discharged; (c) Any knife other than an ordinary pocket knife or hunting knife; (d) Billy, nightstick, or club; (e) Blackjack or slapjack; (f) Nunchaku karate sticks; (g) Shuriken or death star; or (h) Artificial knuckles made from metal, plastic, or other similar hard material; (5) "Felony" means an offense for which a sentence to a term of imprisonment of at least one (1) year in the custody of the Department of Corrections may be imposed; (6) "Government" means the United States, any state, county, municipality, or other political unit, or any department, agency, or subdivision of any of the foregoing, or any corporation or other association carrying out the functions of government; (7) "He" means any natural person and, where relevant, a corporation or an unincorporated association; (8) "Law" includes statutes, ordinances, and properly adopted regulatory provisions. Unless the context otherwise clearly requires, "law" also includes the common law; (9) "Minor" means any person who has not reached the age of majority as defined in KRS 2.015; (10) "Misdemeanor" means an offense, other than a traffic infraction, for which a sentence to a term of imprisonment of not more than twelve (12) months can be imposed; (11) "Offense" means conduct for which a sentence to a term of imprisonment or to a fine is provided by any law of this state or by any law, local law, or ordinance of a political subdivision of this state or by any law, order, rule, or regulation of any governmental instrumentality authorized by law to adopt the same; (12) "Person" means a human being, and where appropriate, a public or private corporation, an unincorporated association, a partnership, a government, or a governmental authority; (13) "Physical injury" means substantial physical pain or any impairment of physical condition; (14) "Possession" means to have actual physical possession or otherwise to exercise actual dominion or control over a tangible object; (15) "Serious physical injury" means physical injury which creates a substantial risk of death, or which causes serious and prolonged disfigurement, prolonged impairment of health, or prolonged loss or impairment of the function of any bodily organ; (16) "Unlawful" means contrary to law or, where the context so requires, not permitted by law. It does not mean wrongful or immoral; (17) "Violation" means an offense, other than a traffic infraction, for which a sentence to a fine only can be imposed; and (18) "Weapon of mass destruction" means: (a) Any destructive device as defined in KRS 237.030, but not fireworks as defined in KRS 227.700; (b) Any weapon that is designed or intended to cause death or serious physical injury through the release, dissemination, or impact of toxic or poisonous chemicals or their precursors; (c) Any weapon involving a disease organism; or (d) Any weapon that is designed to release radiation or radioactivi

Posted

You can be charged as a felon in possession upon a sworn complaint that you are:

1. A felon; and

2. Are or were in possession of a firearm.

Where no firearms were found in your possession, making such a case is more difficult and will rely upon eye witness testimony and physical evidence (GSR test, bullet holes, cases from discharged cartridges, etc.).

You need a criminal attorney. The KY and Louisville bar associations can provide referrals; if you are indigent, the court will appoint counsel to represent you.

The foregoing is for general information purposes and does not establish an attorney-client relationship.

Mark as helpful