what is criminal use of a firearm?

by Vincent Rivera, Kansas Criminal Defense Lawyer

While the 2nd Amendment to the Federal Constitution protects the individual right to own firearms, that right is not unlimited, and can be subject to certain gun control laws.

Legal age to possess a handgun in Kansas:

Kansas firearm laws regarding possession require that a person be at least 18 years of age. Minors under the age of 18 may possess firearms if under the supervision of a parent, legal guardian, or qualified instructor.

The legal age for permitless concealed carry:

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.

In Kansas, there are specific criminal penalties for minors' illegal possession of handguns including:

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

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

Kansas criminal penalties for possession of handguns by felons include:

Severity level 8, nonperson felony, punishable by nine to 11 months imprisonment, a fine of up to $100,000, or both

Kan. Stat. Ann. § 21-6304

The criminal use of a firearm is:

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)

Selling, giving or otherwise transferring any firearm:

  • with a barrel less than 12 inches long to any person under 18 years of age.
  • to any person who is both addicted to and an unlawful user of a controlled substance.(class B nonperson select misdemeanor)
  • to any person who is or has been a mentally ill person subject to involuntary commitment for care and treatment. (severity level 8, nonperson felony)

Possession of any firearm:

  • by a person who is both addicted to and an unlawful user of a controlled substance. (class A nonperson misdemeanor)
  • by any person, other than a law enforcement officer, in or on any Kindergarten-12th grade school property or grounds
    or attendance or extracurricular activities of pupils enrolled in kindergarten through 12th grade or at any regularly scheduled school sponsored activity or event. (class B nonperson select misdemeanor)
  • refusal to surrender or immediately remove from school property or grounds or at any regularly scheduled school sponsored activity or event any firearm in the possession of any person, other than a law enforcement officer, when so requested or directed by any duly authorized school employee or any law enforcement officer. (class A nonperson misdemeanor)

Criminal use of a weapon is also

  • Setting a spring gun (class A nonperson misdemeanor)
  • possessing any device or attachment of any kind designed, used or intended for use in suppressing the report of any firearm. (severity level 9, nonperson felony)

There are exceptions to these laws. If you or a loved one has firearm charge the consequences can be severe and life-altering.

Call Kansas Criminal Defense Lawyer, Vincent Rivera immediately at 913-210-0844 for a free consultation to discuss your legal options.

Do not hesitate. Time is precious call Vincent Rivera at 913-210-0844

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