I am a proud gun owner in ky. My husband is a felon. I respect my gun, I’m very passionate about my gun. I love to hunt god forbid I would ever have to shoot someone who is trying to harm me. I’m not sure the laws on this and dont want to get in trouble bc I’ve never been to jail nor do I want to get my husband in trouble. Can someone help answer this for me?
This is always a tough question to answer. The best advice I can give you is to reach out to an attorney in KY and ask their advice to ensure you are doing everything you can to be legal with it.
Welcome to the Community, @Sara2!!
Thank you dawn. And thank you for responding to my post. I would be heart broken if I had to get rid of my gun. My husband understands that he can’t hold it shoot it ect… he doesn’t even ask bc he knows my passion. I keep my gun locked in a gun carrying safe with 1 key that I only have access to. I just am worried if I put my gun in a holster on my waist and he is with me what would happen. It’s scary not knowing I dont want to break any laws.
I’ll let @MikeBKY address this, but if you’re in control of the firearm at all times it may be legal… But I’m not an attorney and I refuse to play one on TV.
Good luck @Sara2!!
Thank you dawn. You’re awesome!
I would check with one of the USCCA attorney’s. Did you have your CCW before you were married? That may come into play. Over here in VA they ask on the application if you reside with any one who is a felon.
In ky we are a permitless state I had my class scheduled for august the 8th
I love my gun but I love my husband more.
Hey Sara welcome to the community and pray this situation work out for you.
I’m sorry to be the bearer of bad news. But even in the otherwise haven for gun ownership, Kentucky recognizes constructive possession of a firearm as a crime for a felon and makes other crimes enhancable offenses. https://caselaw.findlaw.com/ky-supreme-court/1338436.html. In this case, the Supreme Court of Kentucky recognizes that under applicable federal law,
Possession may be proven through either actual possession or constructive possession. United States v. Kitchen, 57 F.3d 516, 520 (7th Cir.1995) (discussing a federal statute that makes it unlawful for a felon to possess a firearm). “Constructive possession exists when a person does not have actual possession but instead knowingly has the power and intention at a given time to exercise dominion and control of an object, either directly or through others.” Id., quoting United States v. Garrett, 903 F.2d 1105, 1110 (7th Cir.1990), cert. denied, 498 U.S. 905, 111 S.Ct. 272, 112 L.Ed.2d 227 (1990).
We have a similar law here in Louisiana too…
Almost identical in wording as well.
Regardless means the same thing here…
@MikeBKY, in speculation, do you think they make this law to help prevent domestic violence?
Let me add a little after further research. In order to be in constructive possession of a firearm, the person must have “the poser and intention … to exercise dominion and control of an object.”
If you are going to own firearms and someone who is prohibited from possessing them is living in the same home or riding in the same car, you must make sure they do not have access to them in any way. They must remain in a locked container which that person has no way to access or be secured on your person. That means they aren’t in the glove box or console in the car or on the nightstand. Do not keep them in a purse, backpack or anything similar that may be hung on a chair or placed on the car floor.
One of the federal prohibitions of possessing a firearm is having even a misdemeanor DV charge. So yes, DV is part of the reason.
ALWAYS MAKE SURE YOUR STATE LAWS ARE NOT MORE STRICT. The above applies in Kentucky.
I added a bit of emphasis to the font so it stands out, @MikeBKY. Hope you don’t mind. ~Dawn
At home my gun is locked and in a locked safe with 1 key that I have. And in the car while together I wear it on me in a holster with the mag in a side compartment of my holster. I’m not quite ready to wear it loaded.
You and your husband should be OK with that. I will say, that if you ever need to use your gun in self defense, having to put in a magazine and then chamber a round could be the difference between life and death. Keep on practicing and so you can get to the point where, when you are carrying your weapon, it is holstered with one in the chamber. Please understand that I am not meaning to push you or shame you, but until there is a round in the chamber, a gun is just a very expensive rock.
Mike you have been awesome and I will be working on it. I agree with you 100% your advice has been great!!!
Thanks again so much.
Sara, there have been many changes to felons and the various charges they can get expunged in KY. Most Class D felonies can now be expunged. I would suggest your husband look into that to bring peace of mind across the broad.Getting a full unconditional pardon could fix the issue but getting an engagement is so much better. Prepare to spend many hours and days on this though.
Welcome to the family brother and you will be blessed here.