What is criminal use of a firearm?

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 Vincent Rivera immediately at 913-210-0844 for a free consultation to discuss your legal options. Do not hesitate time is precious call Vincent at 913-210-0844

Criminal possession of a firearm by a convicted felon

Criminal possession of a firearm by a convicted felon (severity level 8, nonperson felony) is possession of any firearm by a person who:

  • Has been convicted of a person felony
  • or a violation of article 57 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto
  • any violation of any provision of the uniform controlled substances act prior to July 1, 2009
  • or a crime under a law of another jurisdiction which is substantially the same as such felony or violation
  • was adjudicated a juvenile offender because of the commission of an act which if done by an adult would constitute the commission of a person felony or a violation of article 57 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto
  • any violation of any provision of the uniform controlled substances act prior to July 1, 2009, and was found to have been in possession of a firearm at the time of the commission of the crime
  • within the preceding five years has been convicted of a felony
  • has been released from imprisonment for a felony or was adjudicated as a juvenile offender because of the commission of an act which if done by an adult would constitute the commission of a felony, and was not found to have been in possession of a firearm at the time of the commission of the crime

This article presents many of the laws and penalties of illegal activity with a firearm but not all illegal activities and penalties are listed here.

If you need help or if a loved one has been charged with a firearms crime contact or call Vincent Rivera immediately at 913-210-0844.


Rivera Law, LLC
115 E. Park St, Suite C
Olathe, Kansas, KS 66061
(913) 210-0844

Vincent Rivera specializes in Criminal Defense, Felony and deadly weapons charges.

Rivera Law, LLC represents clients in Johnson County and Wyandotte County, Kansas including cities of Olathe, Overland Park, Leavenworth and Douglas.