Criminal Defense Lawyers

How to restore your gun rights in Kentucky

How to Restore Your Gun Rights in Kentucky

The Situation

You’re a Kentucky resident, you’ve made some mistakes in the past – but you’ve learned from them, you‘ve paid your debt to society. Now, you want to move on with your life – and that includes exercising your Second Amendment right to bear arms. The problem? Your prior felony conviction stripped you of that constitutional right.So, what can you do? Is there a way to restore your gun rights in Kentucky after a felony? The answer is yes – but it’s not always easy. Restoring your firearms rights will require navigating a complex legal process, strict eligibility requirements, and potentially appearing before a judge.But, take a deep breath. This guide will walk you through everything you need to know about getting your gun rights back in the Bluegrass State. We‘ll cover the different methods, key steps, and insider tips to give you the best shot at success.

Understanding Kentucky’s Stance on Felons and Firearms

Before we dive into the restoration process, let’s set the stage with some context on Kentucky‘s laws regarding felons and firearms:

• It’s illegal for anyone convicted of a felony offense to possess, manufacture, or transport a firearm in Kentucky. 1
• This applies whether the felony conviction occurred in Kentucky or any other state. 1
• The prohibition even extends to those convicted of felonies as youthful offenders. 1
• Violating this law results in a Class D felony charge for most firearms, or a Class C felony for handguns – punishable by up to 10 years in prison and $10,000 in fines. 1

So in the eyes of Kentucky law, if you’re a convicted felon – your gun rights are gone, plain and simple. But there are a few narrow exceptions that could allow you to regain those rights, which we’ll explore next.

Three Paths to Restoring Gun Rights in Kentucky

Kentucky offers three potential avenues for convicted felons to restore their firearms rights:

1. Expungement of the Felony Conviction
2. Full Gubernatorial Pardon
3. Relief from the U.S. Secretary of Treasury

Let’s take a closer look at each of these paths and what they entail.

1) Expungement

An expungement essentially erases or vacates your felony record, as if the conviction never happened. 2 If you can get an expungement under Kentucky’s expungement statute (KRS 431.073), your gun rights should be automatically restored.However, expungements are only available for lower-level Class D felonies in Kentucky. 3 And even then, you must meet strict eligibility criteria:

• It’s been at least 5 years since you completed your sentence/probation
• You have no pending charges
• You haven’t been convicted of any crimes in the last 5 years
• The felony was not one of the ineligible offenses listed in the statute (e.g. sex crimes, felonies involving a deadly weapon)

If you meet those requirements, you can file an expungement petition with the court where you were convicted. The judge will then decide whether to grant the expungement after reviewing factors like your behavior since the conviction.The expungement process costs $500 in filing fees. 3 But if successful, it’s an affordable way to wipe your record clean and restore all civil rights, including firearms rights.

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2024-03-21

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2024-03-18

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Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

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2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

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2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

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2024-03-12

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2024-03-12

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2024-02-28

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divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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2) Full Gubernatorial Pardon

Receiving a full, unconditional pardon from the Governor of Kentucky is another way to restore your gun rights after a felony. 4However, gubernatorial pardons are extremely difficult to obtain. The pardon application requires an extensive background investigation, and pardons are typically only granted in exceptional circumstances to those who have led an upstanding life after their conviction. 5The pardon process is also quite lengthy, often taking over a year from application to final decision. 5 You’ll need to submit detailed information like:

• Reason for requesting the pardon
• Details of your conviction and sentence
• Employment history since conviction
• Three character references
• Any efforts at rehabilitation

Even if you make it through the investigation, there’s no guarantee the Governor will grant your pardon. But if you do receive a full, unconditional pardon – it will restore all of your civil rights, including the right to own firearms.

3) Relief from the U.S. Secretary of Treasury

The final method to restore gun rights in Kentucky is to be granted relief from federal firearm disabilities by the U.S. Secretary of the Treasury, under the Federal Gun Control Act of 1968. 6This option allows the Secretary to restore firearms privileges to convicted felons on a case-by-case basis, if it’s determined the person is not likely to act in a manner dangerous to public safety.However, since 1992 Congress has included a provision in federal budgets that prohibits the use of funds to investigate or act upon these relief applications from individuals. 7 So in practice, this avenue for restoring gun rights is effectively closed off at the federal level.That means for most Kentucky felons looking to get their gun rights back, expungement or a gubernatorial pardon are the only viable paths forward.

Insider Tips for a Successful Restoration

Navigating the expungement or pardon process in Kentucky can be an uphill battle. But following these insider tips can improve your chances of success:Tip 1: Hire an Experienced AttorneyThe expungement and pardon processes are complex legal procedures with many potential pitfalls. Having an experienced attorney in your corner is crucial.An attorney can ensure all paperwork is filled out properly, no requirements are missed, and you present the strongest possible case to the court or pardon authority. This expertise is invaluable when your constitutional rights are at stake.Tip 2: Build an Impeccable RecordWhether pursuing expungement or a pardon, you‘ll need to demonstrate you’ve turned your life around and are deserving of having your rights restored. This means:

• Staying squeaky clean with no further criminal charges
• Maintaining steady employment
• Contributing to your community
• Undergoing counseling, education or treatment programs if applicable

Document everything that shows you‘re a productive, law-abiding citizen. The more positive facts you can present, the better your chances.Tip 3: Gather Strong Character ReferencesFor pardon applications especially, personal references from respected community figures can carry a lot of weight. Pastors, employers, law enforcement officers – anyone who can vouch for your good character.But the references need to be legitimate and detailed. Vague form letters won’t cut it. You want references that lay out specific examples of your rehabilitation and positive impact.Tip 4: Be Prepared to Tell Your StoryJudges and pardon boards want to hear your sincere remorse and understand why you won‘t be a risk to public safety if your gun rights are restored. A compelling personal statement detailing:

• What led to your conviction
• How you’ve learned from your mistakes
• Your contributions to society since then
• Your specific reasons for wanting to own a gun again (e.g. hunting, self-defense)

Can go a long way in humanizing you and showing your commitment to the legal gun ownership.Tip 5: Don’t Go It AloneRestoring your gun rights after a felony is high-stakes. A mistake or oversight can derail your efforts and leave you in legal limbo. That’s why it’s critical to have experienced legal counsel advising you through each step of the process.An attorney can not only strengthen your case but also ensure you understand all requirements, deadlines, and potential pitfalls. With your constitutional rights on the line, it’s too big a risk to go it alone.