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  REVISOR of STATUTES

  

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21-6304. Criminal possession of a firearm by a convicted felon. (a) Criminal possession of a weapon by a convicted felon is possession of any weapon by a person who:

(1) Has been convicted of a person felony or a violation of article 57 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto, K.S.A. 2010 Supp. 21-36a01 through 21-36a17, prior to their transfer, or 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 that is substantially the same as such felony or violation, or 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, K.S.A. 2010 Supp. 21-36a01 through 21-36a17, prior to their transfer, or any violation of any provision of the uniform controlled substances act prior to July 1, 2009, and was found by the convicting court to have used a firearm in the commission of the crime;

(2) (A) (i) Has been convicted of a person felony, other than those specified in subsection (a)(3)(A)(i), under the laws of Kansas or a crime under the law of another jurisdiction which is substantially the same as such person felony; or

(ii) 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 person felony;

(B) was not found by the convicting court to have used a firearm in the commission of such crime; and

(C) less than three years have elapsed since such person satisfied the sentence imposed or the terms of any diversion agreement for such crime, or was discharged from probation, a community correctional services program, parole, postrelease supervision, conditional release or a suspended sentence;

(3) (A) (i) has been convicted of a felony under:

(a) K.S.A. 21-5402, 21-5403, 21-5404, 21-5405, 21-5408, 21-5412(b) or (d), 21-5413(b) or (d), 21-5415(a), 21-5420(b), 21-5503, 21-5504(b), 21-5505(b), and 21-5807(b), and amendments thereto;

(b) article 57 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto;

(c) K.S.A. 2010 Supp. 21-36a01 through 21-36a17, prior to their transfer;

(d) K.S.A. 21-3401, 21-3402, 21-3403, 21-3404, 21-3410, 21-3411, 21-3414, 21-3415, 21-3419, 21-3420, 21-3421, 21-3427, 21-3442, 21-3502, 21-3506, 21-3518, 21-3716, 65-4127a, 65-4127b, 65-4159 through 65-4165 or 65-7006, prior to their repeal;

(e) an attempt, conspiracy or criminal solicitation as defined in K.S.A. 21-3301, 21-3302 or 21-3303, prior to their repeal, or K.S.A. 21-5301, 21-5302 or 21-5303, and amendments thereto, of any such felony; or

(f) a crime under a law of another jurisdiction that is substantially the same as such felony; or

(ii) has been released from imprisonment for such 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 such felony; and

(B) less than eight years have elapsed since such person satisfied the sentence imposed or the terms of any diversion agreement for such crime, or was discharged from probation, a community correctional services program, parole, postrelease supervision, conditional release or a suspended sentence; or

(4) (A) (i) has been convicted of any other nonperson felony, other than those specified in subsections (a)(1) through (a)(3), under the laws of Kansas or a crime under the law of another jurisdiction which is substantially the same as such nonperson felony; or

(ii) 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 nonperson felony; and

(B) less than three months have elapsed since such person satisfied the sentence imposed or the terms of any diversion agreement for such crime, or was discharged from probation, a community correctional services program, parole, postrelease supervision, conditional release or a suspended sentence.

(b) Criminal possession of a weapon by a convicted felon is a severity level 8, nonperson felony.

(c) The provisions of subsections (a)(1), (a)(2) and (a)(4) shall not apply to a person who has been convicted of a crime and has had the conviction of such crime expunged or has been pardoned for such crime.

(d) As used in this section:

(1) "Knife" means a dagger, dirk, switchblade, stiletto, straight-edged razor or any other dangerous or deadly cutting instrument of like character; and

(2) "weapon" means a firearm or a knife.

History: L. 2010, ch. 136, § 189; L. 2011, ch. 91, § 34; L. 2013, ch. 36, § 2; L. 2014, ch. 97, § 12; L. 2021, ch. 94, § 4; July 1.

Source or Prior Law:

21-4204.

Revisor's Note:

Section was also amended by L. 2011, ch. 30, § 51, but that version was repealed by L. 2011, ch. 91, § 41.

CASE ANNOTATIONS

1. When a defendant receives a suspended sentence in Missouri and successfully completes probation, the suspended sentence counts as a "prior conviction" to establish criminal possession of a firearm in Kansas. State v. Howard, 51 Kan. App. 2d 28, 36, 339 P.3d 809 (2014).

2. Defendant's guilty pleas and successful completion of suspended imposition sentences in Missouri constituted "convictions" under Kansas law as predicate offenses. State v. Evans, 51 Kan. App. 2d 168, 177, 343 P.3d 122 (2015).

3. A folding knife qualified as a dangerous or deadly cutting instrument of like character. State v. Lucas, 58 Kan. App. 2d 34, 37, 462 P.3d 1208 (2020).

4. The residual clause "or any other dangerous or deadly cutting instrument of like character" is unconstitutionally vague. State v. Harris, 311 Kan. 816, 467 P.3d 504 (2020).


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