Can a felon own a gun in Kentucky?

Kentucky prohibits firearm possession for all felony convictions. Gun rights can be restored through expungement (available for certain offenses) or a gubernatorial pardon. Kentucky's 2016 expungement law (KRS 431.073) allows some nonviolent Class D felony convictions to be expunged, which restores firearm rights.

How can a felon restore gun rights in Kentucky?

Petition the court for expungement (eligible Class D felonies only), or apply for a gubernatorial pardon.

What is the waiting period for gun rights restoration in Kentucky?

Expungement eligibility: 5 years after completion of sentence for Class D felonies. Pardon has no fixed waiting period.

Are there exceptions to gun rights restoration in Kentucky?

Only certain nonviolent Class D felonies are eligible for expungement. Violent felonies, sex offenses, and offenses involving minors require a gubernatorial pardon.

Can a felon get gun rights back in Kentucky?

Yes, but only through specific legal pathways. If you were convicted of an eligible nonviolent Class D felony, you can petition for expungement under KRS 431.073 after 5 years from completion of sentence. For other felonies, the only option is a full gubernatorial pardon. A restoration of civil rights under KRS 196.045 does NOT restore firearm rights — only a full pardon or successful expungement can do that.

What is a Class D felony in Kentucky?

A Class D felony is the least serious felony classification in Kentucky, punishable by 1 to 5 years in prison. Examples include theft by unlawful taking ($500-$10,000), third-degree burglary, possession of a controlled substance (1st offense), and various fraud offenses. Not all Class D felonies are eligible for expungement — violent offenses, sex offenses, offenses against children, and certain other categories are excluded under KRS 431.073.

How much does it cost to expunge a felony in Kentucky?

The filing fee for a felony expungement petition under KRS 431.073 is $500 per case. This fee is paid when filing the petition with the circuit court. Attorney fees are additional and vary. Some legal aid organizations provide free or low-cost assistance with expungement applications.

How long does the Kentucky expungement process take?

After the 5-year waiting period is satisfied, the court process typically takes 3 to 6 months from filing to a final order. The Commonwealth's Attorney has 60 days to respond to the petition. If a hearing is required, scheduling may add additional time. Once granted, the Kentucky State Police and AOC must update their records, which can take several additional weeks.

Does Kentucky's expungement law apply to federal convictions?

No. KRS 431.073 only applies to Kentucky state convictions. Federal convictions cannot be expunged through Kentucky courts. For federal felony convictions, you would need a presidential pardon or relief through the revived federal 18 USC 925(c) process. Kentucky's felon-in-possession law (KRS 527.040) applies to federal convictions as well.

Can I possess a firearm while my expungement petition is pending?

No. Until the court grants the expungement petition and the conviction is formally vacated and dismissed, you remain a convicted felon under both state and federal law. Possessing a firearm before the expungement is finalized can result in prosecution under KRS 527.040 (state) and 18 USC 922(g)(1) (federal). Wait until you receive the signed court order confirming the expungement.

What is the penalty for a felon caught with a gun in Kentucky?

Under KRS 527.040, a convicted felon caught possessing a handgun faces a Class C felony charge, punishable by 5 to 10 years in prison. Possession of a long gun (rifle or shotgun) by a felon convicted after July 15, 1994 is a Class D felony, punishable by 1 to 5 years. Federal prosecution under 18 USC 922(g)(1) is also possible, carrying up to 15 years in federal prison.

Does a Kentucky pardon automatically restore gun rights?

Only a full and unconditional pardon restores gun rights. Kentucky distinguishes between a 'restoration of civil rights' (partial pardon under KRS 196.045) and a 'full pardon.' A restoration of civil rights restores voting rights and other civil rights but explicitly does NOT include firearms. You must receive a full pardon from the Governor that specifically includes firearm privileges. When applying, make sure to request restoration of firearms rights specifically.

Is there a new federal pathway to restore gun rights?

Yes. In 2025, the DOJ revived the 18 USC 925(c) process for federal firearms disability relief, which had been effectively defunded since 1992. Under this process, individuals prohibited from possessing firearms under federal law may petition the Attorney General for relief. This pathway may be useful for Kentucky felons who cannot obtain state-level expungement or a full pardon. The detailed application procedures are still being developed.

Felon Gun Rights in Kentucky

Must petition for restoration

It depends. If your conviction is an eligible nonviolent Class D felony, you may petition for expungement under KRS 431.073 after 5 years, which restores gun rights. For all other felonies, only a full gubernatorial pardon can restore your firearm rights. A simple restoration of civil rights does not include firearm privileges.

Last updated: 2026-03-21

Overview

Kentucky prohibits all persons convicted of a felony from possessing firearms under KRS 527.040. Persons convicted after January 1, 1975 are prohibited from possessing handguns, and those convicted after July 15, 1994 are prohibited from possessing any firearm. The primary paths to restoration are expungement of eligible Class D felonies under KRS 431.073 or a full gubernatorial pardon. A restoration of civil rights alone does NOT restore firearm rights — only a full pardon or expungement can accomplish that.

Quick Answer

Federal Law — 18 USC 922(g)

Under 18 USC 922(g)(1), any person convicted of a crime punishable by more than one year of imprisonment is federally prohibited from possessing firearms. In Kentucky, expungement under KRS 431.073 vacates the conviction and dismisses the charges, which should lift both the state and federal firearms disability because the conviction no longer exists. A full gubernatorial pardon also removes the federal disability, provided it does not expressly exclude firearms. However, a partial pardon or restoration of civil rights under KRS 196.045 does NOT remove the federal prohibition because it does not restore firearm rights. The revived federal 18 USC 925(c) process under the DOJ (as of 2025) may provide an additional pathway for federal relief.

Can restore gun rights

✓Persons convicted of eligible nonviolent Class D felonies who can petition for expungement under KRS 431.073 after 5 years from completion of sentence
✓Persons who receive a full and unconditional gubernatorial pardon that includes restoration of firearm rights
✓Persons whose federal firearms disability is removed through the revived 18 USC 925(c) process
✓Persons convicted of felonies prior to January 1, 1975 (handgun prohibition does not apply) and prior to July 15, 1994 (long gun prohibition does not apply) — though federal law still prohibits possession
✓Persons who successfully complete multiple qualifying Class D felony expungements under the 2023 amendment to KRS 431.073

Cannot restore gun rights

✗Persons convicted of violent felonies — not eligible for expungement; must obtain a full gubernatorial pardon
✗Persons convicted of sex offenses or offenses committed against children — not eligible for expungement
✗Persons convicted of offenses involving abuse of public office — not eligible for expungement
✗Persons convicted of DUI (KRS 189A.010), assault 4th degree (KRS 508.032), or impersonating a peace officer (KRS 519.055) — statutorily excluded from expungement
✗Persons convicted of felonies resulting in serious bodily injury or death — not eligible for expungement
✗Persons who received only a restoration of civil rights under KRS 196.045 — this does NOT restore firearm rights
✗Persons with pending criminal charges — cannot apply for expungement until charges are resolved

Step-by-Step Process

Determine your eligibility pathway

Identify whether your conviction qualifies for expungement under KRS 431.073 (nonviolent Class D felonies) or whether you must pursue a full gubernatorial pardon. Class D felonies are the least serious felony classification in Kentucky, punishable by 1 to 5 years. Only nonviolent Class D felonies that did not involve sex offenses, offenses against children, abuse of public office, DUI, assault 4th degree, impersonating a peace officer, or serious bodily injury/death are eligible for expungement. Consult an attorney to determine your specific eligibility.

For expungement: Wait the required 5-year period

You must wait 5 years after completion of your sentence, including probation or parole, whichever is later. During this time, you must not have any new felony convictions or pending criminal charges. The 2023 amendment allows expungement of multiple qualifying Class D felony convictions, not just a single conviction.

For expungement: File the petition with the court

File an application to have your conviction vacated and expunged in the circuit court where you were convicted. The filing fee is $500 per case (as of 2024). The court will review your application and may hold a hearing. The Commonwealth's Attorney may object. If the court grants the petition, the original judgment is vacated, the charges are dismissed, and the records are ordered expunged. This effectively erases the conviction, restoring your firearm rights.

For a full pardon: Apply to the Governor's Office

If your conviction is not eligible for expungement, you must apply for a full pardon from the Governor of Kentucky. Request the pardon application from the Governor's Office. The governor generally requires a 7-year waiting period after completion of sentence before considering a pardon application. A full pardon restores all rights including firearm rights. Note: A partial pardon or restoration of civil rights does NOT restore firearm rights.

Verify your restored status

After expungement or a full pardon, confirm that your records have been updated in the Kentucky Administrative Office of the Courts (AOC) system and the NICS (National Instant Criminal Background Check System). You may want to obtain a certified copy of the expungement order or pardon to carry as proof of restored status when purchasing or possessing a firearm.

Consider the federal 18 USC 925(c) pathway

If state-level restoration is unavailable or insufficient, the DOJ revived the 18 USC 925(c) process in 2025 for federal firearms disability relief. This allows individuals prohibited under federal law to petition the Attorney General for relief. Monitor the ATF and DOJ websites for application details and updates.

Waiting Period

For expungement under KRS 431.073: 5 years after completion of sentence (including probation or parole). For a full gubernatorial pardon: the Governor generally requires 7 years after sentence completion before considering applications, though there is no statutory minimum. There is no guaranteed timeline for the Governor's decision on a pardon application.

Key Laws

Law	Year	Description
KRS 527.040 — Possession of Firearm by Convicted Felon	1975 (amended through 2018)	Prohibits any person convicted of a felony from possessing, manufacturing, or transporting a firearm. Convictions after January 1, 1975 trigger a handgun prohibition; convictions after July 15, 1994 trigger a prohibition on all firearms. Violation with a handgun is a Class C felony (5-10 years); violation with other firearms is a Class D felony (1-5 years).
KRS 431.073 — Felony Expungement	2016 (amended 2023)	Allows persons convicted of eligible nonviolent Class D felonies to petition the circuit court to have their conviction vacated, charges dismissed, and records expunged after a 5-year waiting period. The 2023 amendment expanded eligibility to allow multiple qualifying Class D felony convictions to be expunged. Expungement effectively erases the conviction, restoring all rights including firearm rights.
KRS 196.045 — Restoration of Civil Rights by Governor	1998 (amended through 2024)	Provides for restoration of civil rights (voting, serving on a jury, holding public office) by the Governor after completion of sentence. Important: This does NOT include restoration of firearm rights. A full gubernatorial pardon is required to restore firearm privileges.
KRS 527.010 — Definitions for Weapons Offenses	1974 (amended through 2014)	Defines key terms for Kentucky weapons offenses, including the definition of 'firearm' and 'convicted felon' as used in KRS 527.040. Establishes the scope of prohibited weapons and the persons subject to the prohibition.
18 USC 922(g)(1) — Federal Felon in Possession	1968 (amended through 2024)	The federal prohibition that applies to all persons convicted of a crime punishable by imprisonment for more than one year. This applies in Kentucky regardless of state law. State expungement or a full pardon can lift the federal ban, but a partial restoration of civil rights does not.

Edge Cases

I received a restoration of civil rights from the Governor. Does that restore my gun rights?

No. Under KRS 196.045, the Governor's authority to restore civil rights does NOT include restoration of firearm rights. A restoration of civil rights restores voting rights, the ability to hold public office, and jury service — but explicitly excludes firearms. Only a full gubernatorial pardon restores firearm privileges in Kentucky.

My felony conviction was before July 15, 1994 but after January 1, 1975. Can I possess a long gun?

Under Kentucky state law (KRS 527.040), persons convicted of a felony between January 1, 1975 and July 14, 1994 are prohibited from possessing handguns but not long guns (rifles and shotguns). However, the federal prohibition under 18 USC 922(g)(1) still bans all firearms including long guns for anyone with a qualifying felony conviction. So while you may not face state charges for long gun possession, you could face federal prosecution.

Can I expunge multiple Class D felony convictions under the 2023 amendment?

Yes. Effective June 29, 2023, Kentucky amended KRS 431.073 to allow expungement of multiple qualifying Class D felony convictions. Previously, only a single conviction (or convictions from a single case) could be expunged. Each conviction must independently meet the eligibility requirements (nonviolent, not a sex offense, not against a child, etc.), and the $500 filing fee applies per case.

I was convicted of a felony in another state. Can I use Kentucky's expungement law to restore my gun rights?

No. KRS 431.073 only applies to Kentucky state convictions. For out-of-state felony convictions, you would need to seek relief in the state where you were convicted or pursue a federal remedy. However, KRS 527.040 prohibits firearm possession by persons convicted of a felony 'in any state or federal court,' so the prohibition in Kentucky applies regardless of where the conviction occurred. A pardon from the convicting state or the revived federal 18 USC 925(c) process may be options.

Does Kentucky recognize a pardon from another state for purposes of firearm possession?

Generally yes. If you received a full pardon from another state that restores your civil rights including firearm rights, and the pardon does not expressly exclude firearms, the federal firearms disability under 18 USC 922(g)(1) should be lifted. Kentucky state law (KRS 527.040) also references pardons from 'the proper authority,' which courts have interpreted to include pardons from other states. However, consult an attorney to confirm applicability to your specific situation.

What about youthful offenders? Does KRS 527.040 apply to them?

KRS 527.040 has a specific provision addressing youthful offenders. Persons convicted as youthful offenders under KRS Chapter 640 are generally subject to the same firearm prohibitions. However, if the youthful offender conviction is sealed or expunged under the applicable juvenile or youthful offender provisions, the firearms disability may be removed. Consult an attorney to evaluate your specific youthful offender status.

Frequently Asked Questions

Can a felon get gun rights back in Kentucky?: Yes, but only through specific legal pathways. If you were convicted of an eligible nonviolent Class D felony, you can petition for expungement under KRS 431.073 after 5 years from completion of sentence. For other felonies, the only option is a full gubernatorial pardon. A restoration of civil rights under KRS 196.045 does NOT restore firearm rights — only a full pardon or successful expungement can do that.
What is a Class D felony in Kentucky?: A Class D felony is the least serious felony classification in Kentucky, punishable by 1 to 5 years in prison. Examples include theft by unlawful taking ($500-$10,000), third-degree burglary, possession of a controlled substance (1st offense), and various fraud offenses. Not all Class D felonies are eligible for expungement — violent offenses, sex offenses, offenses against children, and certain other categories are excluded under KRS 431.073.
How much does it cost to expunge a felony in Kentucky?: The filing fee for a felony expungement petition under KRS 431.073 is $500 per case. This fee is paid when filing the petition with the circuit court. Attorney fees are additional and vary. Some legal aid organizations provide free or low-cost assistance with expungement applications.
How long does the Kentucky expungement process take?: After the 5-year waiting period is satisfied, the court process typically takes 3 to 6 months from filing to a final order. The Commonwealth's Attorney has 60 days to respond to the petition. If a hearing is required, scheduling may add additional time. Once granted, the Kentucky State Police and AOC must update their records, which can take several additional weeks.
Does Kentucky's expungement law apply to federal convictions?: No. KRS 431.073 only applies to Kentucky state convictions. Federal convictions cannot be expunged through Kentucky courts. For federal felony convictions, you would need a presidential pardon or relief through the revived federal 18 USC 925(c) process. Kentucky's felon-in-possession law (KRS 527.040) applies to federal convictions as well.
Can I possess a firearm while my expungement petition is pending?: No. Until the court grants the expungement petition and the conviction is formally vacated and dismissed, you remain a convicted felon under both state and federal law. Possessing a firearm before the expungement is finalized can result in prosecution under KRS 527.040 (state) and 18 USC 922(g)(1) (federal). Wait until you receive the signed court order confirming the expungement.
What is the penalty for a felon caught with a gun in Kentucky?: Under KRS 527.040, a convicted felon caught possessing a handgun faces a Class C felony charge, punishable by 5 to 10 years in prison. Possession of a long gun (rifle or shotgun) by a felon convicted after July 15, 1994 is a Class D felony, punishable by 1 to 5 years. Federal prosecution under 18 USC 922(g)(1) is also possible, carrying up to 15 years in federal prison.
Does a Kentucky pardon automatically restore gun rights?: Only a full and unconditional pardon restores gun rights. Kentucky distinguishes between a 'restoration of civil rights' (partial pardon under KRS 196.045) and a 'full pardon.' A restoration of civil rights restores voting rights and other civil rights but explicitly does NOT include firearms. You must receive a full pardon from the Governor that specifically includes firearm privileges. When applying, make sure to request restoration of firearms rights specifically.
Is there a new federal pathway to restore gun rights?: Yes. In 2025, the DOJ revived the 18 USC 925(c) process for federal firearms disability relief, which had been effectively defunded since 1992. Under this process, individuals prohibited from possessing firearms under federal law may petition the Attorney General for relief. This pathway may be useful for Kentucky felons who cannot obtain state-level expungement or a full pardon. The detailed application procedures are still being developed.

Take Action — Direct Links

Kentucky Governor's Office — Pardons and Commutations
Official state page for applying for a gubernatorial pardon or commutation, including application forms and instructions.
Kentucky Courts — Expungement Certification Process
Information from the Kentucky Administrative Office of the Courts on the expungement certification process and eligibility requirements.
CCRC — Kentucky Restoration of Rights & Record Relief
Comprehensive guide from the Collateral Consequences Resource Center covering all restoration pathways in Kentucky, including pardons, expungement, and civil rights restoration.
Kentucky Department of Corrections — Civil Rights Restoration
Information on the civil rights restoration process through the Department of Corrections. Note: This process does NOT restore firearm rights.
ExpungeKY — FAQ and Resources
Community resource with frequently asked questions about Kentucky's expungement process, eligibility, and practical guidance for applicants.
Legal Aid of the Bluegrass — Expungement Updates
Free legal aid resource covering recent updates to Kentucky's expungement law, including the 2023 multi-felony amendment.
ATF — Federal Firearms Disabilities Relief (18 USC 925(c))
ATF page explaining federal firearms disability relief options under 18 USC 925(c), including the revived DOJ application process.