Have you been charged with carrying a concealed weapon in Louisville, KY?
While Kentucky is known for its permissive gun laws, you are still facing harsh penalties for a weapons offense. An experienced Louisville carrying a concealed weapon lawyer can help you fight the charge to preserve your freedom and rights.
Since 2009, Suhre & Associates, LLC has represented Louisville residents facing serious criminal charges. Contact our law office for a free consultation so we can put our decades of experience to work on your defense.
How Suhre & Associates, LLC Can Help After You’re Arrested for Carrying a Concealed Weapon in Louisville
Kentucky’s firearms laws are confusing, even to knowledgeable and responsible gun owners. While concealed and open carry is now legal for all adults over 21 legally able to own a gun, there are many complex restrictions. It can be easy to accidentally violate open and concealed carry laws in Louisville.
At Suhre & Associates, LLC, we will give you the sound legal defense you deserve when you are facing a firearms offense. Our law practice includes a former police officer and former prosecutor who offer crucial insight into the practices the state uses to investigate, interrogate, and prosecute. Choose a Louisville criminal defense attorney at Suhre & Associates, LLC and benefit from our 100 years of combined legal experience in your case.
Hire our Louisville, Kentucky criminal defense law firm, and we will:
- Offer insightful legal advice and guide you through important decisions regarding your defense and possible sentencing options
- Protect your constitutional rights at every step
- Investigate your case to determine if your rights were violated and seek to have evidence excluded
- Exploit any weaknesses in the prosecution’s case to argue they have not met the high burden of proof to convict
- Negotiate on your behalf for reduced or dismissed charges
- Seek lenient sentencing, a satisfactory plea deal, and alternatives to jail if the prosecution’s case against you is strong
A gun crime conviction doesn’t just threaten your future and freedom; it can also strip you of your right to bear arms. Suhre & Associates, LLC will give you the tireless legal defense you need. Call our law office for a free consultation with a Lexington weapons charge defense lawyer to begin working on your defense.
Overview of Carrying a Concealed Weapon in Kentucky
Kentucky repealed its requirement for a background check and license to carry a concealed firearm in 2019. Under current Kentucky law, anyone at least 21 years old who has the right to own a firearm can carry a gun concealed in public.
Prior to the passage of Senate Bill 150, legal concealed carry in Kentucky required a 6-hour gun safety course, background check, and $60 application fee. This law also removed an exclusion that prohibited residents from receiving a concealed carry permit if they owed 12+ years of child support or had drug or alcohol convictions within the last three years.
Passage of this bill repealed KRS §237.109 and amended KRS §527.020 (Carrying Concealed Deadly Weapon) to conform to the new law.
However, there are restrictions on where the weapon may be carried. Certain people are also ineligible from possessing a firearm, whether concealed or not.
Concealed Carry Offenses in Kentucky
Under current law, concealed weapons are prohibited in certain places in Kentucky, including:
- Sheriff offices and police stations
- Prisons and jails
- Drinking establishments and bar areas of restaurants serving alcohol
- Daycare facilities (except registered childcare facilities in a private home)
- Secondary and elementary schools (except with permission by the authorities of the school)
Private businesses can choose whether they allow firearms on their property. However, firearms may be carried concealed or open in city-owned facilities. This includes libraries, the Louisville zoo, city hall, council chambers, and parks.
KRS §527.070 makes it a crime to unlawfully possess a weapon on school property. Carrying a weapon concealed or openly on school property (except in limited cases with authorization or permission) is a Class D felony in Kentucky.
KRS §237.110 prohibits carrying concealed deadly weapons in governmental buildings. This statute makes it a crime to carry a concealed deadly weapon in detention facilities, police stations, sheriff offices, courthouses, government body meeting places, establishments that serve alcohol, and anywhere federal law prohibits carrying firearms. Government buildings and postsecondary education institutions like universities and colleges can restrict concealed carry under KRS §237.115.
Felons are also prohibited from owning a firearm. This includes carrying a concealed weapon in public. Possession of a firearm by a convicted felon is a Class D felony under KRS §527.020. If the firearm is a handgun, it becomes a Class C felony.
Concealed Carry Permits in Kentucky
Concealed carry licenses are still issued in Kentucky, but they are now voluntary. Some residents obtain these licenses to carry concealed in other states with which Kentucky has reciprocity. As long as the applicant meets certain requirements, the Kentucky Department of State Police (DSP) must issue the concealed carry license.
To qualify for a license to carry a concealed deadly weapon, you must be:
- A U.S. citizen or lawfully in the U.S.
- At least 21 years old
- Eligible to possess a firearm under Kentucky and federal law
- In compliance with any subpoena or warrant that relates to paternity and child support
In addition, you must not have been convicted of assault or terrorist threats within the last 3 years unless DSP determines you are no longer a danger. You cannot have been committed to a facility for substance abuse or convicted for a substance abuse-related misdemeanor within three years. You cannot have more than 2 convictions for DUI or involuntary commitment for alcoholism within the last three years.
What Are the Penalties for Carrying a Concealed Weapon in Louisville, Kentucky?
Carrying a concealed weapon is no longer a crime in Kentucky as long as the weapon is not carried in a prohibited place. However, it’s crucial for Kentucky gun owners to understand the rules regarding where a firearm can and cannot be carried. Violating firearm carry laws can come with stiff penalties.
Carrying a concealed weapon or open weapon on school property is a Class D felony punishable by up to 5 years in prison and a fine of up to $10,000.
Kentucky law’s prohibition against carrying a firearm into a local government building, police station, or other prohibited place does not specify any criminal penalty for violation. While this is not charged as a crime, you may face criminal trespassing charges.
The penalty for possession of a firearm by a convicted felon is also a Class D felony. This may be punishable by up to 5 years in prison. If enhanced to a Class C felony for a handgun, the penalty is 5 to 10 years in prison.
What Defenses Are Available if I’m Accused of Carrying a Concealed Weapon in Louisville, KY?
Kentucky law supports the rights of gun owners by allowing legal open and concealed carry of firearms. The permissive statutes allow for many possible defenses if you are charged with a crime involving carrying a concealed weapon.
In the case of private businesses, Kentucky requires that businesses that choose to prohibit firearms post signs at the entrance. You may be asked to leave the building if you have a firearm and face criminal trespassing charges if you fail to do so. You may have a defense if the establishment did not have clearly identifiable signs prohibiting firearms.
If you are charged with carrying a firearm onto school property, you may have several possible defenses. You have not committed a criminal offense if the firearm was left in your vehicle while on school property.
If you are charged with possession of a firearm as a convicted felon, your legal defense may center on the circumstances of your arrest and interrogation. Suhre & Associates, LLC will investigate whether there was police misconduct and your constitutional rights were violated. This includes illegal search and seizure, refusing to allow you to speak with a criminal defense lawyer before interrogation, and law enforcement not reading your Miranda rights.
Schedule a Free Case Evaluation with a Louisville Carrying a Concealed Weapon Lawyer
Despite its permissive firearm laws, Kentucky takes weapons offenses seriously. If you are charged with carrying a concealed weapon in a prohibited place or as a prohibited person, you may be facing a serious felony charge. Suhre & Associates, LLC is here to help you fight for your freedom, rights, and future.
Contact our law office for a free case review with a Louisville carrying a concealed weapon lawyer. We will help you explore possible legal defenses and fight back against the charges you are facing in the court system.