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A few questions here in kentucky

howdoyou

New member
Joined
Jun 2, 2011
Messages
1
Location
Lexington, Ky
I went to the gun store to buy a hand gun, i was not 100% sure if i could own one or not. but i paid for one, and they ran a report and said i was place on hold.

i waited 3 days and they said i was clear to come get it because of the 3 day wait period..

now i own the hand gun, but i'm not 100% sure as to if i'm allowed to have it or not? i don't understand compleatly, i have a criminal record, though i have no feloneys etc.

if i opencary in lexington kentucky and a cop comes to talk to me, do i have to tell him anything? can he run a back ground check on me? is there anyway i can get in trubble for having the firearm?

sorry for the long post. but i need to explain in detail!

Thanks.
 

eye95

Well-known member
Joined
Jan 6, 2010
Messages
13,524
Location
Fairborn, Ohio, USA
Well, the feds think you are not barred from possessing. I'd be willing to bet that, during those three days, Kentucky was also asked to weigh in.

I'd carry. But, if you are still unsure, the only dependable solution would be to consult a lawyer and pay him to explore your record and the law in order to give you a firm answer.
 

eye95

Well-known member
Joined
Jan 6, 2010
Messages
13,524
Location
Fairborn, Ohio, USA
+1 eye95 said. If you aren't sure, hire a lawyer for his/her opinion. Without knowing what is on your record, we can't give you an informed answer.

As far as a LEO encounter goes, they have to suspicion of a crime been/being/about to be committed to officially detain you, identify you and check your record.

A likely scenario would be a traffic stop and asking you if you have any firearms in your possession.

Did someone get a promotion? O-4? Congratulations seem to be in order.
 

jeeper1

Regular Member
Joined
Sep 29, 2008
Messages
692
Location
USA
Apply for a concealed carry license. If the state issues it then you should be OK to OC.
 

eye95

Well-known member
Joined
Jan 6, 2010
Messages
13,524
Location
Fairborn, Ohio, USA
He bought the gun, so he passed whatever check the feds do. If he applies for a license and gets it, he will have passed whatever check was done for that. If neither of those checks finds anything, even if there is something, he can claim that he had no criminal intent and tried to comply with the law by going through both background checks.

That is why I think that trying to get a license was a clever suggestion.

Oh, and, as evidenced by numerous court cases, whether someone is allowed to possess a gun is not as black-and-white as it should be. There was a court case in Alabama where a convicted felon was arrested for possession. He was indeed a felon. He had served time in a prison for a violent felony. Yet, because of a quirk of the law (I don't remember what), his rights, including the RKBA, were restored without his knowledge. It is very possible not to know whether your RKBA has been taken away.

The two best options are to get a lawyer or to jump through all the fed and KY hoops to own and carry concealed. If he passes all of those tests, he should carry on. If he is still unsure, time to hire a lawyer.
 
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