Q: If you live in Kentucky and you are a convicted felon , but have served your time and off parole is it illegal to firarm

A: Once convicted of any felony, it is illegal to possess a firearm.

A: To answer this question accurately, we need to consider both federal and Kentucky state laws regarding firearm possession by felons. Here's a breakdown of the key points:

1. Federal law: Under federal law (18 U.S.C. § 922(g)(1)), it is generally illegal for anyone convicted of a felony to possess a firearm, regardless of whether the crime was violent or non-violent. This applies even after serving time and completing parole.

2. Kentucky law: Kentucky state law (KRS 527.040) also prohibits convicted felons from possessing firearms.

3. Constitutional rights: While the Second Amendment protects the right to bear arms, the Supreme Court has upheld that certain restrictions, including those on felons, are constitutional. In District of Columbia v. Heller (2008), the Court stated that "nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons."

4. Federal vs. State law: The U.S. Constitution and federal laws generally take precedence over state laws when there's a conflict. However, in this case, both federal and state laws align in prohibiting felons from possessing firearms.

5. Restoration of rights: In some cases, it may be possible to have firearm rights restored, but this process is complex and varies by state. In Kentucky, the process typically involves seeking a pardon from the governor or having the conviction expunged.

While you raise an interesting point about constitutional rights, current legal interpretations do not consider felon firearm bans to be unconstitutional. The courts have generally held that such restrictions are permissible limitations on the Second Amendment right.