KRS 527.040: How Kentucky Law Treats Federal Relief
Kentucky's felon-in-possession statute, KRS 527.040, makes it a Class D felony for a person convicted of a felony to possess, manufacture, or transport a firearm in the Commonwealth — a Class C felony if the firearm is a handgun. But the statute contains explicit exceptions: it does not apply to a person who has been granted a full pardon by the Governor or the President, or who has been granted relief under the Federal Gun Control Act of 1968 — the mechanism now administered by the U.S. Department of Justice under 18 U.S.C. § 925(c).
(The statute's text refers to relief granted by the “United States Secretary of the Treasury” — the office that originally administered the Gun Control Act. That authority moved to the Attorney General, and in 2025 the Department of Justice took over processing directly. The statutory reference is to the same federal relief mechanism.)
What this means in practice
| Path | Federal prohibition | KRS 527.040 |
|---|---|---|
| § 925(c) relief (federal) | Removed by the grant | Express statutory exception |
| Governor's full pardon | Helps only if civil rights are fully restored; analysis is technical | Express statutory exception |
| Expungement (KRS 431.073) | Generally effective for expunged convictions, but availability is limited by offense type | Conviction vacated — statute no longer applies |
| Kentucky Certificate of Relief / restoration of civil rights | Does not by itself remove the federal firearm disability | Depends on the instrument; often does not restore firearm rights |
This is why the revived federal program matters so much here: for many Kentuckians — especially those whose convictions don't qualify for expungement — § 925(c) relief is the single application that addresses both layers of law.
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