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KS gun laws for people with non-person felony

Toady

New member
Joined
Aug 20, 2014
Messages
2
Location
Overland Park KS
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.
 

Toady

New member
Joined
Aug 20, 2014
Messages
2
Location
Overland Park KS
This sentence was exactly one year. Does that make a difference?

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

JustaShooter

Regular Member
Joined
Jul 26, 2013
Messages
728
Location
NE Ohio
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.
 

davidmcbeth

Banned
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Jan 14, 2012
Messages
16,169
Location
earth's crust
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 ...
 

Renegadez

Regular Member
Joined
Aug 31, 2011
Messages
182
Location
Lees Summit
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!
 

marshaul

Campaign Veteran
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Aug 13, 2007
Messages
11,193
Location
Fairfax County, Virginia
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,

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.
 

Renegadez

Regular Member
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Aug 31, 2011
Messages
182
Location
Lees Summit
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.
 
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Richieg150

Regular Member
Joined
Nov 22, 2006
Messages
432
Location
Show Me State
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
 

Renegadez

Regular Member
Joined
Aug 31, 2011
Messages
182
Location
Lees Summit
I'm still stuck on "non-person." :confused:

Did the car get the DUI? It is a non=person. :confused:

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
 
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