State Gun Laws

Kansas state law says that it is illegal for the following people to have a firearm:

• a person who is addicted to, and illegally using, drugs;
• a person who is/was mentally ill or an alcohol or drug abuser and subject to involuntary commitment for care and treatment;
• someone under age 18, unless the barrel of the gun is at least 12 inches long;
• someone who is a fugitive from justice, which means that the person knows that there is a warrant issued for him/her for committing a felony;
• an immigrant who is not authorized to be in the United States;
• someone who, within the past five years, has been convicted of a misdemeanor for a domestic violence offense in Kansas or a similar misdemeanor crime in another state;
• someone who has a current protection order against him/her (a “respondent”) that meets the following three conditions:
  1. The order was issued after a hearing and the respondent received notice of the hearing beforehand and had the opportunity to participate in the hearing;
  2. The order restrains the respondent from doing any of the following:
     • harassing, stalking, or threatening an intimate partner, the intimate partner’s child, or the respondent’s child; or
     • engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to himself/herself or his/her child; and
  3. The order:
     • includes a determination (“finding”) by the judge that the respondent represents a “credible threat” to the physical safety of the intimate partner or his/her child; or
     • has terms in it that clearly prohibit the use, attempted use, or threatened use of physical force against the intimate partner or his/her child that would reasonably be expected to cause bodily injury;¹
• a person who has been convicted as an adult, or adjudicated as a juvenile offender, of:
  • a “person felony,” which includes various drug crimes listed in Kansas Statutes § 21-36a01 through § 21-36a17; or
  • a violation of the Uniform Controlled Substances Act prior to July 1, 2009;
• a person who has been convicted as an adult, or adjudicated as a juvenile offender, of a “person felony” other than the ones referred to above, and:
  • did not use a firearm while committing the crime; and
  • less than three years have passed since completing the sentence;
• someone who was convicted as an adult, or adjudicated as a juvenile offender, of certain other felonies listed in subsection (3)(A)(i) of Kansas Stat. § 21-6304 and less than eight years have passed since completing the sentence; and
• someone who was convicted as an adult, or adjudicated as a juvenile offender, of any other “nonperson felony” and less than three months have passed since completing the sentence.²

If any of these situations apply to the abuser, it may be illegal for him/her to have a gun. Also, federal laws, which apply to all states, restrict an abuser’s right to have a gun if you have a restraining order against him/her that meets certain requirements. Go to Federal Gun Laws to get more information.

¹ Kan. Stat. § 21-6301(a)(10), (a)(13), (a)(14) - (a)(18), (m)(2)
² Kan. Stat. § 21-6304(a)