Ky. Rev. Stat. » Chapter 218A

Ky. Rev. Stat. § 218A.992

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

Find cases: SyfertCases citing this section KY-LRCapps.legislature.ky.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

commission of offense. (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. Effective: April 11, 2012 History: Amended 2012 Ky. Acts ch. 108, sec. 14, effective April 11, 2012. -- Amended 2011 Ky. Acts ch. 45, sec. 13, effective March 16, 2011. -- Amended 2010 Ky. Acts ch. 149, sec. 15, effective April 13, 2010; and ch. 160, sec. 15, effective April 26, 2010. -- Amended 2005 Ky. Acts ch. 150, sec. 12, effective June 20, 2005. -- Created 1994 Ky. Acts ch. 396, sec. 5, effective July 15, 1994.

Notes of Decisions
Cited in 35 cases (9 in the last 5 years), 1996–2026 · leading case: Johnson v. Commonwealth
Sort: Relevance Newest Treatment
Johnson v. Commonwealth (2003) ky · cites it 11× “2d 925 (1998), that “a drug violation penalty may be enhanced under KRS 218A.992 if the violator has constructive possession of a firearm.”
Kotila v. Commonwealth (2003) ky · cites it 14× “KRS 218A.992 provides: (1) Other provisions of the law notwithstanding, any person who is convicted of any violation of this chapter who was at the time of the commission of the offense in possession of a firearm, shall: (a) Be penalized one (1) class more severely than provided…”
Commonwealth v. Montaque (2000) ky · cites it 24× “Additionally, she was found guilty of being in possession of a firearm at the time of the commission of these offenses which subjected her to an enhanced penalty pursuant to KRS 218A.992, and which possibly precluded her from probation pursuant to KRS 533.”
Mills v. Department of Corrections Offender Information Services (2014) ky · cites it 28× “We accepted discretionary review to examine the application of the firearm-enhancement provision of the Controlled Substances Act, KRS 218A.992, and address whether the statute enhances the underlying conviction or only enhances the sentence to be imposed on the underlying…”
Houston v. Commonwealth (1998) ky · cites it 6× “This offense was enhanced to a Class B felony pursuant to KRS 218A.992, which provides for penalty enhancement when the defendant is in possession of a firearm at the time of a drug related offense: *927 218A.”
Jackson v. Commonwealth (2012) ky · cites it 8× “The indictment described the trafficking charge as a Class B felony, presumably based on the firearm enhancement statute, KRS 218A.992. In the circuit court, Appellant entered into a plea bargain in which the Commonwealth recommended a ten-year sentence (the minimum for a class…”
Hayes v. Commonwealth (2005) ky · cites it 4× “KRS 218A.992. Hayes was sentenced to life in prison for his methamphetamine conviction and to fifteen years for his anhydrous ammonia conviction.”
Riley v. Commonwealth (2003) ky · cites it 4× “The firearm enhancement statute, KRS 218A.992(1), applies whether the defendant’s possession of the firearm was actual or constructive.”
Campbell v. Commonwealth (2008) ky · cites it 6× “Trial Court Properly Denied Campbell’s Motion for Directed Verdict on Firearm Enhancement The Commonwealth sought to have Campbell’s sentences for drug offenses enhanced under KRS 218A.992 (possession of firearm at time of and in furtherance of drug offenses).”
Dixon v. Commonwealth (2008) ky · cites it 2× “KRS 218A.992. 28 . Johnson v. Commonwealth, 105 S.”
State v. Blanchard (2001) la · cites it 2× “992(1) [12] , for possession a weapon at the time of the commission of a drug crime, there must be a nexus between the crime committed and the possession of a firearm, unless the defendant has actual possession of the firearm or constructive possession of a firearm within his…”
Posey v. Commonwealth (2006) ky · cites it 2× “See KRS 218A.992 (enhancement of offense if in actual [2] possession of a firearm during drug trafficking), KRS 532.”
Show all 35 citing cases →
— Ky. Rev. Stat. § 218A.992(1) — 10 cases
Johnson v. Commonwealth (2003) ky “2d 925 (1998), that “a drug violation penalty may be enhanced under KRS 218A.992 if the violator has constructive possession of a firearm.”
State v. Blanchard (2001) la “992(1) [12] , for possession a weapon at the time of the commission of a drug crime, there must be a nexus between the crime committed and the possession of a firearm, unless the defendant has actual possession of the firearm or constructive possession of a firearm within his…”
Riley v. Commonwealth (2003) ky “The firearm enhancement statute, KRS 218A.992(1), applies whether the defendant’s possession of the firearm was actual or constructive.”
Dixon v. Commonwealth (2008) ky “KRS 218A.992. 28 . Johnson v. Commonwealth, 105 S.”
Campbell v. Commonwealth (2008) ky “Trial Court Properly Denied Campbell’s Motion for Directed Verdict on Firearm Enhancement The Commonwealth sought to have Campbell’s sentences for drug offenses enhanced under KRS 218A.992 (possession of firearm at time of and in furtherance of drug offenses).”
— Ky. Rev. Stat. § 218A.992(1)(a) — 3 cases
Kotila v. Commonwealth (2003) ky “KRS 218A.992 provides: (1) Other provisions of the law notwithstanding, any person who is convicted of any violation of this chapter who was at the time of the commission of the offense in possession of a firearm, shall: (a) Be penalized one (1) class more severely than provided…”
Denarrius Terry v. Commonwealth of Kentucky (2025) ky
Bruce Wayne Embry v. Commonwealth of Kentucky (2026) kyctapp
— Ky. Rev. Stat. § 218A.992(1)(b) — 1 case
Johnson v. Commonwealth (2003) ky “2d 925 (1998), that “a drug violation penalty may be enhanced under KRS 218A.992 if the violator has constructive possession of a firearm.”
— Ky. Rev. Stat. § 218A.992(2) — 1 case
Antonio Deshon Love v. Commonwealth of Kentucky (2024) ky
— Ky. Rev. Stat. § 218A.992(l)(a) — 2 cases
Kotila v. Commonwealth (2003) ky “KRS 218A.992 provides: (1) Other provisions of the law notwithstanding, any person who is convicted of any violation of this chapter who was at the time of the commission of the offense in possession of a firearm, shall: (a) Be penalized one (1) class more severely than provided…”
Jackson v. Commonwealth (2012) ky “The indictment described the trafficking charge as a Class B felony, presumably based on the firearm enhancement statute, KRS 218A.992. In the circuit court, Appellant entered into a plea bargain in which the Commonwealth recommended a ten-year sentence (the minimum for a class…”
— Ky. Rev. Stat. § 218A.992(l)(b) — 3 cases
Riley v. Commonwealth (2003) ky “The firearm enhancement statute, KRS 218A.992(1), applies whether the defendant’s possession of the firearm was actual or constructive.”
Jackson v. Commonwealth (2012) ky “The indictment described the trafficking charge as a Class B felony, presumably based on the firearm enhancement statute, KRS 218A.992. In the circuit court, Appellant entered into a plea bargain in which the Commonwealth recommended a ten-year sentence (the minimum for a class…”
Commonwealth v. Davis (2002) ky
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.