Anaya Nolan
In the state of Kansas, a felony is defined as a crime punishable by death or imprisonment in a state correctional facility. A person convicted of a felony loses the right to vote, to hold office, and to serve on a jury. However, these rights are restored upon completion of the authorized sentence. The restoration of rights also includes receiving a certificate of discharge upon completion of conditional release, parole, or imprisonment. Kansas divides misdemeanors into four categories: class A, B, C, and unclassified. Felony charges can result in prison sentences ranging from one year to life. While Kansas gun laws are relatively favorable towards weapon ownership, certain restrictions apply, including prohibitions on the possession of firearms by felons. So, while a felon's civil rights can be restored in Kansas, there are still some restrictions on their gun ownership rights.
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What You'll Learn
Felony sentencing in Kansas
In the state of Kansas, the imposition of a sentence for a felony conviction is controlled by the Kansas Sentencing Guidelines. The guidelines aim to ensure consistency and uniformity in the imposition of sentences for comparable offenses committed by similar offenders.
Kansas divides most felony crimes into felony (non-drug) offenses and felony drug offenses. The type of offense determines what sentencing grid to use. The state uses two sentencing grids—one for felony (non-drug) crimes and one for drug crimes. On these grids, the vertical axis represents the severity level of the crime (1 to 10), and the horizontal axis lists the offender's criminal history, ranging from no prior offenses to three or more prior person offenses. The criminal history score is classified by letters "A" through "I," with "A" being the highest and "I" the lowest.
The severity level of the felony offense is the first factor that contributes to the ultimate sentence. Non-drug felony offenses, from theft and criminal damage to property to rape and murder, are classified as Level 1 through Level 10 offenses, with Level 1 being the most serious "grid" offenses. Drug offenses are also ranked by severity levels 1 to 5, with level 1 being the most serious.
The second factor is the offender's criminal history. The judge will look at the sentencing grid to determine the sentence within the specified range. For example, based on an offense severity level of 2 and a criminal history category of D, the appropriate sentencing box (Box 2D) would indicate a sentence ranging from 181 to 200 months (15 to 17 years) in prison. The judge can hand down any sentence within this range.
Some crimes in Kansas are designated as off-grid felonies, which are very serious crimes punishable by the death penalty or life imprisonment. Examples include the rape of a child, which is punishable by life in prison. Some felony crimes are also non-grid crimes, carrying a specific sentence in statute.
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Kansas gun laws
Kansas is a "stand your ground" state, meaning there is no duty to retreat anywhere a person has a legal right to be. A person is justified in using force when they reasonably believe it is necessary to defend themselves or a third person against the imminent use of unlawful force.
Kansas has permitless carry, meaning any person 21 years of age or older can carry a concealed firearm on their person without a license or permit. However, this does not apply to people with assault or other violent misdemeanour convictions. Kansas residents can carry a concealed defensive firearm in Oklahoma without any type of license, but they must carry their Kansas driver's license or state-issued ID.
Gun owners in Kansas must notify law enforcement if their guns are lost or stolen. The state also requires new handgun models to include microstamping technology.
Kansas does not allow the purchase of gun magazines larger than a prescribed size. The state also bars gun possession by people who have been involuntarily committed or found to be a danger to themselves or others. People with a criminal conviction could be affected by eligibility for gun ownership. For example, a felon convicted within the last 10 years who is found in possession of a weapon, firearm, or ammunition can be charged with a federal offense and face indictment by a grand jury.
Kansas also has some important protections in place to prevent gun violence. Law enforcement and family members can petition for a court order to temporarily prevent someone in crisis from accessing guns. The state also added domestic violence protections in 2018, barring domestic abusers from having guns while subject to short-term emergency orders.
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Restoration of rights
In Kansas, a person convicted of a felony loses some civil rights, including the right to vote, to hold office, and to serve on a jury. These rights are automatically restored upon completion of the authorized sentence, which includes payment of court debt. However, jury eligibility is lost for a minimum of ten years after conviction. Upon completion of conditional release or parole, or upon discharge from imprisonment if there is no post-release supervision, a person receives a "certificate of discharge" from the parole board, which restores civil rights lost by operation of law.
In 2021, Kansas law on felony dispossession was modified and relaxed with the enactment of HB2058. This law, Kan. Stat. Ann. § 21-6304, provides that convictions for a controlled substance violation before July 1, 2009, or for a "person felony" where no firearm was used, result in the loss of firearm rights for either three or eight years, depending on the seriousness of the offense. Some serious nonperson felonies also result in the loss of firearm rights for eight years, while less serious nonperson felonies result in a loss of three months. The 2021 amendments clarified that a pardon or an expungement restores firearm rights for all but those who lose them for eight years. The pardon power is vested in the governor, who must seek the advice of the Kansas Prisoner Review Board before acting, although they are not bound to follow it.
In terms of employment, a 2018 executive order by Governor Jeff Colyer directed that all Executive Branch departments, agencies, boards, and commissions should ensure that "during the initial stage of a state employment application, job applicants shall not be asked whether they have a criminal record, and a criminal record shall not automatically disqualify an applicant from receiving an interview," except when a criminal history would render an applicant ineligible by law or regulation. This order does not prevent the use of a criminal background check as a condition of employment.
To restore voting rights, individuals must complete their full sentence, including parole or probation, and then they may register to vote and cast a ballot.
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Felony charges for weapon possession
Kansas gun laws are relatively favourable towards weapon ownership, as long as residents abide by the state's rules and regulations. However, certain restrictions forbid the ownership of some weapons for some people, as well as prohibiting the carrying and use of firearms and other dangerous weapons. Violating these laws can result in federal felony offences.
In Kansas, a person convicted of a felony loses the right to vote, to hold office, and to serve on a jury. These rights are restored upon completion of the sentence, except for jury eligibility, which is lost for a minimum of ten years after conviction.
In Kansas, any felon convicted within the last ten years who is found in possession of a weapon, firearm, or ammunition can be charged with a federal offence and face indictment by a grand jury. Unlawfully possessing a firearm attracts a potential felony charge under Kansas gun laws. A felon in possession of a firearm is a federal offence that could involve an indictment by a grand jury and a possible mandatory minimum sentence of 5-10 years in prison (30 years for certain weapons, like machine guns).
In Kansas, you can face felony charges if a weapon is found in "close proximity" to a drug crime. The firearm does not need to have been used in the commission of the crime, but simply be found nearby. This provides law enforcement with some latitude to file more severe charges against individuals accused of drug crimes if a gun or other weapon is found near the crime scene.
State drug laws also prohibit the possession of firearms by most people on certain public grounds, including schools or any other state-owned buildings as designated by the secretary of administration. Violating these regulations can lead to a serious criminal charge.
Under Kansas law, people convicted of certain felonies cannot legally possess any firearms or dangerous knives (like switchblades, daggers, or straight-edged razors). This will be a lifetime ban for those who had a gun when they committed a violent crime, a drug crime, or an equivalent juvenile offence, unless they have had the conviction expunged or have been pardoned. Some other felonies will result in a gun ban for five or ten years, depending on the felony the person was convicted of. Violations of the prohibition are punished as a level 8 felony.
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Kansas misdemeanour classification
Kansas categorises crimes as felonies or misdemeanours based on the potential incarceration time. If a crime can be punished with more than a year in prison, it is a felony; if it is a year or less, it is a misdemeanour. Kansas further divides misdemeanours into four classes: Class A, B, C, and unclassified misdemeanours.
Class A misdemeanours are the most serious type of misdemeanour and include crimes such as battery of a school official, theft of property, and disorderly conduct. The penalty for a Class A misdemeanour can include up to one year in county jail, a fine of up to $2,500, or both. Judges can also place individuals convicted of a Class A misdemeanour on probation for up to two years.
Class B misdemeanours are less serious and include crimes such as first-time DUI, first-time possession of marijuana, and simple battery. The penalty for a Class B misdemeanour can include up to six months in county jail, a fine of up to $1,000, or both. As with Class A misdemeanours, judges can place individuals convicted of a Class B misdemeanour on probation for up to two years.
Class C misdemeanours are the least serious type of misdemeanour and often include low-level property crimes. The penalty for a Class C misdemeanour can include up to 30 days in county jail, a fine of up to $500, or both. Judges can also place individuals convicted of a Class C misdemeanour on probation for up to two years.
Unclassified misdemeanours carry the sentence specified in statute. If no sentence is specified, the penalty defaults to a Class C misdemeanour.
It is important to note that Kansas law provides enhanced penalties for certain offences where the offender has prior convictions. For example, a third or subsequent conviction for misdemeanour domestic battery results in felony charges and a minimum sentence. Similarly, the penalty for impaired driving offences (DUIs) increases from a Class B misdemeanour for the first offence to a nonperson felony for the third offence in 10 years.
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