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

Asked about 2 years ago - 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)

  1. Frank Mascagni III

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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... more
  2. Keith G Langer

    Pro

    Contributor Level 19

    Answered . 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.

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