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Thread: KS gun laws for people with non-person felony

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    KS gun laws for people with non-person felony

    I have seen and heard conflicting information concerning people who have a non-person felony DUI in Kansas. Can such a person own a handgun in Kansas?

    If so are there any time periods involved such as wait 10 years etc.?

    Thanks.

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    The federal law refers only to felony and does not differentiate among the various types and flavors.

    GCA 1968 codified at 18 USC 922(d) It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person— (1) is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year; [ ... ]

    Here is some of the state statutes
    http://www.kslegislature.org/li_2012...21_063_0004_k/

    titled 21-6304. Criminal possession of a firearm by a convicted felon. This describes the applicable types of felonies under Kansas law and their defining sections.
    Last edited by Nightmare; 08-21-2014 at 08:14 AM.
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    This sentence was exactly one year. Does that make a difference?

    Also does anyone know what the state of Kansas says about this?

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    Felony is in general defined as "a year and a day."

    Here is the highest level Table of Contents of Kansas law with a search function
    http://www.kslegislature.org/li_2012/b2011_12/statute/
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    Quote Originally Posted by Toady View Post
    This sentence was exactly one year. Does that make a difference?
    18 USC 922(d) says "...a crime punishable by imprisonment for a term exceeding one year;" (emphasis mine). As I understand it, that means it isn't the length of the sentence that matters but the length of the sentence that could have been imposed.
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    That is correct. Even diversion programs do not rescue a felon from federal prohibition.

    I was in a jury pool that was lectured at length by the judge on the meaning of felon as one liable to a year and a day incarceration. Then Judge Eggleston instructed all who thought they might be felon line up for his determination. 85% lined up by my count which was easy, there were fifteen of us still seated - and impaneled.
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    I don't see why a DUI should affect a persons RKBA nor that a free person cannot own ... but who am I, just an American ...

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    Quote Originally Posted by davidmcbeth View Post
    I don't see why a DUI should affect a persons RKBA nor that a free person cannot own ... but who am I, just an American ...
    A single simple DUI is not likely a felony. I see no evidence that is at issue here. Multiple DUI establish a pattern of behavior and may become felonious depending on the local jurisdiction. Felonious multiple DUI in Wisconsin makes news for being so unusual.
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    I'm still stuck on "non-person."

    Did the car get the DUI? It is a non=person.
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    I believe Kansas has expungement you can go through that will allow you to own a firearm but NOT work in a casino or become a cop!

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    Quote Originally Posted by Renegadez View Post
    I believe Kansas has expungement you can go through that will allow you to own a firearm but NOT work in a casino or become a cop!
    Keep in mind that the program must expunge it at the state AND the federal level.

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    Quote Originally Posted by Nightmare View Post
    A single simple DUI is not likely a felony. I see no evidence that is at issue here. Multiple DUI establish a pattern of behavior and may become felonious depending on the local jurisdiction. Felonious multiple DUI in Wisconsin makes news for being so unusual.
    Perhaps. But then again,

    Quote Originally Posted by Nightmare View Post
    If a felon may properly be disbarred his rights under color of law then we all can be legally disarmed merely by sufficiently lowering the bar of felony.

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    Quote Originally Posted by jackrockblc View Post
    Keep in mind that the program must expunge it at the state AND the federal level.
    I am not sure what you are talking about as if it is expunged at the state level it is considered disposed except in very certain ways such as trying to become law enforcement or work at a casino as according to kansas statue nothing to do with the feds as it is considered expunged unless it was a fed case to begin with. Now expungement depends on the crime in question and you will certainly need an attorney.
    Last edited by Renegadez; 10-06-2014 at 03:04 PM.

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    Quote Originally Posted by Nightmare View Post
    A single simple DUI is not likely a felony. I see no evidence that is at issue here. Multiple DUI establish a pattern of behavior and may become felonious depending on the local jurisdiction. Felonious multiple DUI in Wisconsin makes news for being so unusual.
    Thanks to The Federal Gun Control Act of 1968, if the crime has a sentence of more that a year in jail, it will label you a felon. You will be prevented from owning a firearm... BUT many states now have Bills passed that after a
    misdemeanor or felony, non violent offence, you can get your gun rights back 10 or 20 years respectively from the date of sentencing.

    Here is part of The Gun Control Act of 1968 that talks about the one year sentence making it illegal for you to have gun rights:It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person— (1) is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year; (2) is a fugitive from justice; (3) is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances .

    Here is a link to the information:http://en.wikipedia.org/wiki/Gun_Control_Act_of_1968
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    Quote Originally Posted by OC for ME View Post
    I'm still stuck on "non-person."

    Did the car get the DUI? It is a non=person.
    Kansas has what is known now as Sentencing guidelines or THE GRID which categories different types of charges first is a NON person or PERSON criminal act DUI involving no one else in the vehicle or no accident hence does not effect any PERSON but the criminal = NON Person DUI with another person in the car or auto accident harming someone else = Person crime
    Last edited by Renegadez; 10-21-2014 at 04:04 PM. Reason: To add link

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