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Legal Information: Kansas

State Gun Laws

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April 8, 2020

I am a victim of domestic violence and the abuser has a gun. Is this legal?

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

  • someone under age 18 (unless the barrel is at least 12 inches long, then it’s OK);
  • a person who is addicted to (and illegally using) drugs;
  • a person who is/was mentally ill or an alcohol/drug abuser and subject to involuntary commitment for care and treatment;
  • someone who is a fugitive from justice;
  • an immigrant (“alien”) who is an illegally or unlawfully 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 (“respondent”) that meets the following three conditions:
    1. It was issued after a hearing and the respondent received notice of the hearing beforehand and had the opportunity to participate in the hearing;
    2. It 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 protection order:

      • includes a 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 of a “person felony,” which are various drug crimes (listed in sections K.S.A. 21-5701 through 21-5717 of the law); or convicted of any violation of the uniform controlled substances act prior to July 1, 2009;
  • someone who was a “juvenile offender” of an act which comes under the “person felony” crimes or uniform controlled substances act prior to July 1, 2009, AND was in possession of a firearm when s/he committed the crime;
  • someone who was convicted of certain felonies within the past 5 or 10 years, or has been released from imprisonment for a felony; or someone who was a juvenile offender for these felonies AND had a gun at the time of the crime.2

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