Kansas
Gun Crimes Defense

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Vincent Rivera, Gun Crime Attorney

Kansas Gun Crime Lawyer

Attorney Vincent Rivera

Our founding attorney, Vincent Rivera, is a highly experienced criminal defense lawyer with a strong track record in handling gun charges. He understands the importance of protecting the Second Amendment rights of those facing firearm-related charges, and is dedicated to providing aggressive and effective representation to defend your rights and freedom.

With experience in both State and Federal courts, Vincent has successfully defended clients against various gun crime charges, from possession of a firearm by a convicted felon to felony murder. As a two-time recipient of the Kansas Legal Educator Award and a respected leader in the field, Vincent and his team are well-equipped to help you navigate the complexities of Kansas gun laws and ensure the best possible outcome for your case.

Facing Criminal Firearm Charges?

Dealing with criminal firearm charges in Kansas can be a daunting experience, but with the right legal representation, you can fight to protect your rights and freedom. The Second Amendment to the United States Constitution guarantees the individual right to own firearms, but that right is not absolute and can be subject to certain gun control laws. In Kansas, there are various laws and regulations governing the possession, use, and sale of firearms, and if you are charged with a violation of these laws, it is essential to have an experienced criminal defense attorney on your side.

Some examples of criminal firearm charges in Kansas include:

  • Possession of a firearm by a convicted felon

  • Carrying a concealed weapon without a permit

  • Illegal possession of a firearm in a school zone

  • Brandishing a weapon in a threatening manner

  • Unlawful discharge of a firearm

  • Possession of a stolen firearm

Violating these laws can result in severe penalties, including fines and imprisonment, so it is important to take any criminal firearm charges seriously. An experienced criminal defense attorney can help you understand the specific charges against you and work with you to develop an effective defense strategy. If you or a loved one has been arrested or charged with a gun crime, contact Vincent Rivera for a free consultation.

Vincent Rivera, Criminal Defense Attorney

No Duty to Retreat in Kansas

In Kansas, a person is justified in the use of force to protect themselves or others from what they reasonably believe to be imminent death or great bodily harm. This means that individuals have the right to defend themselves, their family members, or any other person when they believe there is a real and immediate threat to their safety or the safety of others.

However, it is crucial to note that a person is not justified in the use of force under circumstances that create a substantial risk of death or great bodily harm to innocent people. In other words, a person must exercise caution and restraint when using force in self-defense or defense of others, ensuring that their actions do not endanger the lives of bystanders or other innocent parties.

Navigating the complexities of self-defense laws and determining whether the use of force was justified can be challenging. If you or a loved one has been arrested or charged with a gun crime related to self-defense, it is essential to have an experienced Kansas criminal defense lawyer like Vincent Rivera on your side.

At What Age Can You Own a Gun in Kansas?

In Kansas, individuals must be at least 18 years of age to legally own or purchase a firearm. Minors under the age of 18 can possess firearms, but only if they are under the direct supervision of a parent, legal guardian, or qualified instructor. It is crucial for both minors and adults to understand and adhere to these age restrictions to avoid potential legal issues.

It is also important to be aware of federal laws that may prohibit certain individuals under the age of 18 from possessing firearms, such as those who are convicted of a crime or subject to certain restraining orders. Navigating the intricacies of both state and federal firearm laws can be complicated, but compliance is essential to avoid legal consequences.

Kansas does not have a state-mandated waiting period for purchasing firearms. However, federally licensed firearms dealers must conduct background checks on all purchasers, which may take a few days to complete. This background check ensures that individuals who are prohibited from owning firearms due to criminal history or other restrictions cannot legally purchase them.

In 2015, Kansas passed a permitless concealed carry law authorizing anyone 21 years of age and older to carry a concealed firearm in public without a license or permit. Individuals under 21 years of age may only do so when on their own land, abode, or fixed place of business.

Federal law and Kansas restrict access to handguns by minors; people convicted of felonies or certain other crimes; and people with certain mental health adjudications.

What Happens if a Minor Is Caught With a Gun in Kansas?

In Kansas, specific criminal penalties apply to minors who are caught with illegal possession of handguns. The state takes such offenses seriously, and the consequences can be severe for the young individual involved.

These penalties include:

  • First offense: A Class A nonperson misdemeanor, punishable by up to one year in jail, a fine of up to $2,500, or both.

  • Subsequent offense: A severity level 8, nonperson felony, punishable by nine to 11 months imprisonment, a fine of up to $100,000, or both.

If your minor child is facing charges related to illegal possession of a handgun in Kansas, it is crucial to secure the services of an experienced Kansas criminal defense lawyer with expertise in gun crimes.

Don't let a mistake or misunderstanding ruin a young person's future. Contact Vincent Rivera for a free consultation at (913) 210-0844 to discuss your case, explore your options, and learn how his expertise in Kansas Gun Crimes can help navigate this challenging situation.

What Is the Sentence for Possession of a Firearm by a Convicted Felon?

In Kansas, the possession of a firearm by a convicted felon is taken very seriously and carries significant penalties. According to Kan. Stat. Ann. § 21-6304, the sentence for possession of a handgun by a felon is classified as a severity level 8, nonperson felony. This means that individuals found guilty of this offense face nine to 11 months imprisonment, a fine of up to $100,000, or both.

Facing such severe consequences can be overwhelming, and the importance of having an experienced Kansas Criminal Defense Lawyer on your side cannot be overstated. Vincent Rivera, with his expertise in Kansas Gun Crimes, is well-prepared to defend your rights and work tirelessly to achieve the best possible outcome in your case.

Vincent Rivera, Kansas Criminal Defense

Criminal Use of a Firearm

In Kansas, the criminal use of a firearm is taken very seriously, and the state has enacted various laws to address specific instances of illegal firearm use. Violating these laws can result in severe penalties, including nonperson felonies.

Some examples of criminal use of a firearm include:

  • Selling, manufacturing, purchasing, or possessing a shotgun with a barrel less than 18 inches in length. (severity level 9, nonperson felony)

  • Any person under the age of 18 possessing a firearm with a barrel less than 12 inches long.

  • Any (Automatic) firearm designed to discharge or capable of discharging automatically more than once by a single function of the trigger. (severity level 9, nonperson felony)

  • Possessing, manufacturing, causing to be manufactured, selling, offering for sale, lending, purchasing, or giving away any cartridge which can be fired by a handgun and which has a plastic-coated bullet that has a core of less than 60% lead by weight. (severity level 9, nonperson felony)

If you or a loved one has been arrested or charged with a gun crime related to criminal use of a firearm, it is crucial to have an experienced Kansas criminal defense lawyer on your side. Vincent Rivera, a Kansas Criminal Defense Lawyer with expertise in Kansas Gun Crimes, can provide the necessary guidance and representation to protect your rights and freedom.

Selling, Giving, Or Otherwise Transferring Any Firearm

In Kansas, there are strict regulations surrounding the selling, giving, or transferring of firearms. These rules are in place to protect the public and ensure that firearms do not fall into the wrong hands.

Two specific situations in which transferring firearms is illegal include:

  • Providing a firearm with a barrel less than 12 inches long to any person under 18 years of age.

  • Transferring a firearm to any person who is both addicted to and an unlawful user of a controlled substance. This action is considered a class B nonperson select misdemeanor.

Violating these laws can result in severe penalties and legal consequences. If you or a loved one has been arrested or charged with a gun crime related to the selling, giving, or transferring of a firearm, it is crucial to seek legal representation immediately.

Don't let a mistake in transferring a firearm jeopardize your future. Contact Vincent Rivera for a free consultation at (913) 210-0844 to discuss your case, explore your options, and learn how his expertise in Kansas Gun Crimes can help you navigate this challenging situation.

Possession Of Any Firearm

In Kansas, there are specific laws governing the possession of firearms under certain circumstances. If you or a loved one has been arrested or charged with a gun crime related to any of the following situations, it is crucial to have an experienced Kansas criminal defense lawyer like Vincent Rivera on your side:

  1. Possession of a firearm by a person addicted to and an unlawful user of a controlled substance - This offense is classified as a class A nonperson misdemeanor in Kansas. Individuals who are both addicted to and unlawfully using controlled substances are prohibited from possessing firearms.

  2. Possession of a firearm on school property or at school-sponsored events - Kansas law considers it a class B nonperson select misdemeanor for anyone other than a law enforcement officer to possess a firearm in or on Kindergarten-12th grade school property or grounds, during extracurricular activities, or at any regularly scheduled school-sponsored activity or event.

  3. Refusal to surrender or remove a firearm from school property or events - It is a class A nonperson misdemeanor in Kansas for any person, other than a law enforcement officer, to refuse to surrender or immediately remove a firearm from school property or grounds, or at any regularly scheduled school-sponsored activity or event when requested or directed by a duly authorized school employee or law enforcement officer.

Criminal Use Of A Weapon

In Kansas, certain actions involving firearms are considered criminal use of a weapon and can result in severe penalties.

Some examples of such actions include:

  • Setting a spring gun, which is classified as a class A nonperson misdemeanor. This offense involves setting up a trap or device that discharges a firearm when triggered, posing a significant risk to the safety of others.

  • Possessing any device or attachment of any kind designed, used, or intended for use in suppressing the report of any firearm. This is considered a severity level 9 nonperson felony. This offense typically involves the possession or use of firearm suppressors or silencers, which can reduce the sound of a gunshot, potentially making the weapon more dangerous and difficult to detect.

  • Unlawful discharge of a firearm: This offense involves firing a weapon within or into city limits, at an occupied dwelling or vehicle, or in a reckless manner that could cause harm to others. Penalties for this crime can range from a class B nonperson misdemeanor to a severity level 7 nonperson felony, depending on the specific circumstances of the case.

  • Brandishing a weapon in a threatening manner: Intimidating or threatening others by displaying a weapon in a menacing manner can result in criminal charges. This offense is typically considered a class A nonperson misdemeanor and can lead to fines and imprisonment.

  • Possession of a stolen firearm: Knowingly possessing, receiving, or selling a stolen firearm is a criminal offense in Kansas. This crime is classified as a severity level 9 nonperson felony, with penalties that can include imprisonment and fines.

  • Carrying a concealed weapon without a permit: Although Kansas allows permitless concealed carry for individuals 21 years of age or older, carrying a concealed weapon without a permit for those under 21 or in restricted areas, such as school grounds, can result in criminal charges. Penalties for this offense can range from a class B nonperson misdemeanor to a severity level 8 nonperson felony, depending on the specific circumstances.

  • Illegal possession of a firearm in a school zone: Possessing a firearm on school property or during school-sponsored events without proper authorization is a criminal offense in Kansas. This crime is typically considered a class B nonperson misdemeanor, with potential penalties including fines and imprisonment.

While there are exceptions to these laws, facing charges for criminal use of a weapon can have life-altering consequences, including fines, imprisonment, and a permanent criminal record. It is crucial to take these charges seriously and enlist the help of an experienced Kansas criminal defense lawyer to protect your rights and freedom.

If you or a loved one has been arrested or charged with a gun crime related to criminal use of a weapon, don't hesitate to seek legal assistance. Contact Vincent Rivera for a free consultation at (913) 210-0844 to discuss your case, learn about your options, and discover how his expertise in Kansas Gun Crimes can help you overcome these serious charges.