Can a Felon Own a Gun in Kansas?
The question of whether a felon can own a gun in Kansas is a complex one, with strict laws and regulations in place to govern the possession of firearms by individuals with felony convictions. In this article, we will delve into the laws and regulations surrounding gun ownership for felons in Kansas, and provide a clear answer to the question.
Federal Law
Before we dive into Kansas state law, it’s important to understand the federal law that applies to gun ownership for felons. The Gun Control Act of 1968 makes it illegal for individuals with felony convictions to possess firearms. Specifically, 18 U.S.C. § 922(g) prohibits individuals who have been convicted of a felony from:
- Shipping, transporting, or receiving firearms
- Possessing firearms in interstate commerce
- Owning or possessing firearms that have been shipped or transported in interstate commerce
This federal law applies to all states, including Kansas, and takes precedence over any state laws that may conflict with it.
Kansas State Law
Kansas has its own laws and regulations governing gun ownership for felons. Under Kansas statute 21-6305, it is illegal for a person who has been convicted of a felony to:
- Own or possess a firearm
- Carry a firearm
- Use or attempt to use a firearm
The statute defines a "felon" as an individual who has been convicted of a felony offense, including misdemeanors punishable by more than one year’s imprisonment.
Exceptions
There are some exceptions to the general rule that felons cannot own guns in Kansas. For example, under Kansas statute 21-6306, an individual who has been convicted of a felony may possess a firearm if:
- The conviction was for a non-violent felony, and at least 15 years have passed since the date of the conviction
- The individual has obtained a certificate of relief from disabilities from the Kansas district court
- The individual has been pardoned by the Governor of Kansas for the felony conviction
Additionally, some felons may be eligible to have their gun rights restored through the Kansas Secretary of State’s process. This process requires the individual to petition the court to have their felony conviction set aside, and to provide proof that they have completed their sentence, including any probation or parole.
Consequences for Violating the Law
It is important to note that violating the law and possessing a firearm as a felon in Kansas can have serious consequences. Under Kansas statute 21-6307, individuals who possess a firearm as a felon can be charged with a felony, punishable by imprisonment for up to 18 months.
Table: Felon Gun Ownership Laws in Kansas
| Felony Conviction | Ownership/ Possession of Firearm |
|---|---|
| Non-violent felony, 15+ years since conviction | May possess firearm with certificate of relief from disabilities or pardon from Governor |
| Violent felony | Not eligible to possess firearm, even with certificate of relief from disabilities or pardon |
| Misdemeanor punishable by more than one year’s imprisonment | May possess firearm, but restrictions may apply |
Conclusion
In conclusion, it is generally illegal for felons to own or possess firearms in Kansas, as governed by both federal and state law. However, there are some exceptions for individuals who have been convicted of non-violent felonies and have waited a certain amount of time before applying to possess a firearm. It is important for individuals who have been convicted of a felony to consult with an attorney to understand their rights and options regarding gun ownership in Kansas.
Key Takeaways:
- Federal law makes it illegal for individuals with felony convictions to possess firearms
- Kansas state law prohibits felons from owning or possessing firearms
- Exceptions may apply for non-violent felony convictions with a 15-year waiting period
- Violating the law can result in serious consequences, including imprisonment
