KRS 218A.992

Enhancement of penalty when in possession of a firearm at the time of commission of offense

Known as the Kentucky Controlled Substances Act

The act spans §§ 218A.005–218A.994 (124 sections).

Applied in 21 court decisions — leading case Johnson v. Commonwealth (2003)

Most recently applied in Yopp v. Commonwealth (October 2018)

Effective: April 11, 2012 History: Amended 2012 Ky

How often courts cite this section

citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) Other provisions of law notwithstanding, any person who is convicted of any violation of this chapter who, at the time of the commission of the offense and in furtherance of the offense, was in possession of a firearm, shall:

(a) Be penalized one (1) class more severely than provided in the penalty provision pertaining to that offense if it is a felony; or (b) Be penalized as a Class D felon if the offense would otherwise be a misdemeanor.

(2) The provisions of this section shall not apply to a violation of KRS 218A.210, 218A.1450, 218A.1451, or 218A.1452.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.