Who Cannot Have a Gun
K.S.A. 21-6304 — a felon with a firearm or knife within the waiting period, a severity level 8 felony
Criminal possession of a weapon by a convicted felon, a firearm or a dangerous knife, is a severity level 8, nonperson felony. How long the bar lasts depends on the felony.
Who handles this in Kansas: Johnson County Bar Association, Find a Lawyer; and legal aid programs and the state offices, listed in the Kansas directory.
| The earlier felony | Barred until |
|---|---|
| The earlier felonyA person felony or drug crime in which the court found a firearm was used | Barred untilFor good |
| The earlier felonyMurder, aggravated battery, aggravated robbery, rape, aggravated burglary, a drug felony and the others listed | Barred untilEight years after the sentence |
| The earlier felonyAny other person felony | Barred untilThree years after the sentence |
| The earlier felonyAny other nonperson felony | Barred untilThree months after the sentence |
The lifetime, three year and three month bars do not apply to a conviction that was expunged or pardoned.
- A firearm in the hands of someone both addicted to and unlawfully using a controlled substance is a class B nonperson select misdemeanor.
- A firearm in the hands of someone who is or was subject to involuntary commitment for mental illness or substance abuse is a severity level 8, nonperson felony.
Sources for this section (2)
- K.S.A. 21-6304 — Criminal possession of a firearm by a convicted felon
- K.S.A. 21-6301 — Criminal use of weapons
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Kansas attorney.