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Convicted felon, firearms

Springfield, KY |

Nearly 10 yrs ago I was convicted of a felony (child support). In that time I have turned my life around, faithfully pay my support and am a Supervisor at a large plant. But still a felon and honestly forget that fact because of the conviction being such a lessor felony.
I married last year and my two stepsons love to hunt and have rifles. The thought of me being a felon just never entered my mind until 2 days ago when the state police where at are home (not for anything crimminal) but they discovered I was a felon and arrested me for having firearms although not one rifle is registered to me. These kids have had their hunting rifles for years as gifts from their grandfather.
Can the judge show me leniency and not indicte me? How much am I really in?

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Attorney answers 3


A convicted felon in possession of a firearm is a serious matter in KY:
527.040. Possession of firearm by convicted felon - Exceptions.

Kentucky Statutes



Current through 2010 Extraordinary 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.

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

You need to hire a competent criminal defense attorney in your area ASAP to assist you.

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..

Frank Mascagni III

Frank Mascagni III


A Class D felony carries 1-5 years; A Class C felony carries 5-10 years. Both carry a max. fine of up to $10,000.00 plus court costs of $130.00-150.00.


A convicted felon cannot possess a firearm.

That is serious stuff so hire a lawyer ASAP. And post no more details online. The internet is not a secure place to discuss this.


Guns and convicted felons are a very dangerous mix. Jail is a real possibility. Your circumstances seem to be quite innocent and the judge may indeed have leniency if it all gets that far, but here is no guarantee.

Retain the services of an experienced criminal defense attorney in the jurisdiction where you are facing charges. Best of luck to you!

In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.