21-4204.Criminal possession of a firearm.(a) Criminal possession of a firearm is:
(1) Possession of any firearm by a person who is both addictedto and anunlawful user of a controlled substance;
(2) possession of any firearm by a person who has been convicted of aperson felonyor a violation of K.S.A. 2009 Supp. 21-36a01 through 21-36a17, and amendmentsthereto, or a crime under a law ofanother jurisdiction which is substantially the same as such felony orviolation, or was adjudicated ajuvenile offender because of the commission of an act which if done by an adultwould constitute the commission of a person felonyor a violation of K.S.A. 2009 Supp. 21-36a01 through 21-36a17, and amendmentsthereto,and was found to have been inpossession of a firearm at the time of the commission of the offense;
(3) possession of any firearm by aperson who, within the preceding five yearshas been convicted of afelony, other than those specified in subsection (a)(4)(A), underthe laws ofKansas or a crime under a law of anotherjurisdiction which is substantially the same as such felony, has beenreleased from imprisonment for a felony or was adjudicated as a juvenileoffender because of the commission of an act which if done by an adult wouldconstitute the commission of a felony, and was found not to have been inpossession of a firearm at the time of the commission of the offense;
(4) possession of any firearm by a person who, within thepreceding10 years, has been convicted of: (A) A felony under 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, K.S.A. 2009 Supp. 21-36a05 or 21-36a06, andamendmentsthereto,or a crime under a law of another jurisdiction which is substantially the sameas such felony, has been released from imprisonment for such felony, or wasadjudicated as a juvenile offender because of the commission of an act which ifdone by an adult would constitute the commission of such felony,was found not to have been in possession of a firearm at the time of thecommission of the offense, and has not had the conviction of suchcrime expunged or been pardoned for such crime; or (B) a nonperson felonyunder the laws of Kansas or a crime under the laws of another jurisdictionwhich is substantially the same as such nonperson felony, has been releasedfrom imprisonment for such nonperson felony or was adjudicated as a juvenileoffender because of the commission of an act which if done by an adult wouldconstitute the commission of a nonperson felony, and was found to have been inpossession of a firearm at the time of the commission of the offense;
(5) possession of any firearm by any person, other than a lawenforcementofficer, in or on any school property or grounds upon which is located abuilding orstructure used by a unified school district or an accredited nonpublic schoolfor student instruction or attendance or extracurricular activities of pupilsenrolled in kindergarten or any of the grades 1 through 12or at any regularly scheduled school sponsoredactivity or event;
(6) refusal to surrender or immediately remove from schoolpropertyor grounds orat any regularly scheduled school sponsored activity or eventanyfirearm in the possession of any person, other than a law enforcement officer,when so requested or directed by any duly authorized school employee or any lawenforcement officer; or
(7) possession of any firearm by a person who is or has been a mentally illperson subject to involuntary commitment for care and treatment, as defined inK.S.A. 59-2946, and amendments thereto, or persons with an alcohol or substanceabuse problem subject to involuntary commitment for care and treatment asdefined in K.S.A. 59-29b46, and amendments thereto.
(b) Subsection (a)(5) shall not apply to:
(1) Possession of any firearm in connection with a firearmssafety courseof instruction or firearms education course approved and authorized by theschool;
(2) any possession of any firearm specifically authorized inwriting bythesuperintendent of any unified school district or the chief administrator of anyaccredited nonpublic school;
(3) possession of a firearm secured in a motor vehicle by aparent,guardian,custodian or someone authorized to act in such person's behalf who isdeliveringor collecting a student; or
(4) possession of a firearm secured in a motor vehicle by aregisteredvoterwho is on the school grounds, which contain a polling place for the purpose ofvoting during polling hours on an election day.
(c) Subsection (a)(7) shall not apply to a person who has received acertificate of restoration pursuant to K.S.A. 2009 Supp. 75-7c26, andamendments thereto.
(d) Violation of subsection (a)(1) or (a)(5) is a class Bnonperson selectmisdemeanor; violation of subsection (a)(2), (a)(3), (a)(4)or (a)(7) is a severity level 8, nonperson felony;violation of subsection (a)(6) is a class A nonpersonmisdemeanor.
21-4204.Criminal possession of a firearm.(a) Criminal possession of a firearm is:
(1) Possession of any firearm by a person who is both addictedto and anunlawful user of a controlled substance;
(2) possession of any firearm by a person who has been convicted of aperson felonyor a violation of K.S.A. 2009 Supp. 21-36a01 through 21-36a17, and amendmentsthereto, or a crime under a law ofanother jurisdiction which is substantially the same as such felony orviolation, or was adjudicated ajuvenile offender because of the commission of an act which if done by an adultwould constitute the commission of a person felonyor a violation of K.S.A. 2009 Supp. 21-36a01 through 21-36a17, and amendmentsthereto,and was found to have been inpossession of a firearm at the time of the commission of the offense;
(3) possession of any firearm by aperson who, within the preceding five yearshas been convicted of afelony, other than those specified in subsection (a)(4)(A), underthe laws ofKansas or a crime under a law of anotherjurisdiction which is substantially the same as such felony, has beenreleased from imprisonment for a felony or was adjudicated as a juvenileoffender because of the commission of an act which if done by an adult wouldconstitute the commission of a felony, and was found not to have been inpossession of a firearm at the time of the commission of the offense;
(4) possession of any firearm by a person who, within thepreceding10 years, has been convicted of: (A) A felony under 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, K.S.A. 2009 Supp. 21-36a05 or 21-36a06, andamendmentsthereto,or a crime under a law of another jurisdiction which is substantially the sameas such felony, has been released from imprisonment for such felony, or wasadjudicated as a juvenile offender because of the commission of an act which ifdone by an adult would constitute the commission of such felony,was found not to have been in possession of a firearm at the time of thecommission of the offense, and has not had the conviction of suchcrime expunged or been pardoned for such crime; or (B) a nonperson felonyunder the laws of Kansas or a crime under the laws of another jurisdictionwhich is substantially the same as such nonperson felony, has been releasedfrom imprisonment for such nonperson felony or was adjudicated as a juvenileoffender because of the commission of an act which if done by an adult wouldconstitute the commission of a nonperson felony, and was found to have been inpossession of a firearm at the time of the commission of the offense;
(5) possession of any firearm by any person, other than a lawenforcementofficer, in or on any school property or grounds upon which is located abuilding orstructure used by a unified school district or an accredited nonpublic schoolfor student instruction or attendance or extracurricular activities of pupilsenrolled in kindergarten or any of the grades 1 through 12or at any regularly scheduled school sponsoredactivity or event;
(6) refusal to surrender or immediately remove from schoolpropertyor grounds orat any regularly scheduled school sponsored activity or eventanyfirearm in the possession of any person, other than a law enforcement officer,when so requested or directed by any duly authorized school employee or any lawenforcement officer; or
(7) possession of any firearm by a person who is or has been a mentally illperson subject to involuntary commitment for care and treatment, as defined inK.S.A. 59-2946, and amendments thereto, or persons with an alcohol or substanceabuse problem subject to involuntary commitment for care and treatment asdefined in K.S.A. 59-29b46, and amendments thereto.
(b) Subsection (a)(5) shall not apply to:
(1) Possession of any firearm in connection with a firearmssafety courseof instruction or firearms education course approved and authorized by theschool;
(2) any possession of any firearm specifically authorized inwriting bythesuperintendent of any unified school district or the chief administrator of anyaccredited nonpublic school;
(3) possession of a firearm secured in a motor vehicle by aparent,guardian,custodian or someone authorized to act in such person's behalf who isdeliveringor collecting a student; or
(4) possession of a firearm secured in a motor vehicle by aregisteredvoterwho is on the school grounds, which contain a polling place for the purpose ofvoting during polling hours on an election day.
(c) Subsection (a)(7) shall not apply to a person who has received acertificate of restoration pursuant to K.S.A. 2009 Supp. 75-7c26, andamendments thereto.
(d) Violation of subsection (a)(1) or (a)(5) is a class Bnonperson selectmisdemeanor; violation of subsection (a)(2), (a)(3), (a)(4)or (a)(7) is a severity level 8, nonperson felony;violation of subsection (a)(6) is a class A nonpersonmisdemeanor.
21-4204.Criminal possession of a firearm.(a) Criminal possession of a firearm is:
(1) Possession of any firearm by a person who is both addictedto and anunlawful user of a controlled substance;
(2) possession of any firearm by a person who has been convicted of aperson felonyor a violation of K.S.A. 2009 Supp. 21-36a01 through 21-36a17, and amendmentsthereto, or a crime under a law ofanother jurisdiction which is substantially the same as such felony orviolation, or was adjudicated ajuvenile offender because of the commission of an act which if done by an adultwould constitute the commission of a person felonyor a violation of K.S.A. 2009 Supp. 21-36a01 through 21-36a17, and amendmentsthereto,and was found to have been inpossession of a firearm at the time of the commission of the offense;
(3) possession of any firearm by aperson who, within the preceding five yearshas been convicted of afelony, other than those specified in subsection (a)(4)(A), underthe laws ofKansas or a crime under a law of anotherjurisdiction which is substantially the same as such felony, has beenreleased from imprisonment for a felony or was adjudicated as a juvenileoffender because of the commission of an act which if done by an adult wouldconstitute the commission of a felony, and was found not to have been inpossession of a firearm at the time of the commission of the offense;
(4) possession of any firearm by a person who, within thepreceding10 years, has been convicted of: (A) A felony under 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, K.S.A. 2009 Supp. 21-36a05 or 21-36a06, andamendmentsthereto,or a crime under a law of another jurisdiction which is substantially the sameas such felony, has been released from imprisonment for such felony, or wasadjudicated as a juvenile offender because of the commission of an act which ifdone by an adult would constitute the commission of such felony,was found not to have been in possession of a firearm at the time of thecommission of the offense, and has not had the conviction of suchcrime expunged or been pardoned for such crime; or (B) a nonperson felonyunder the laws of Kansas or a crime under the laws of another jurisdictionwhich is substantially the same as such nonperson felony, has been releasedfrom imprisonment for such nonperson felony or was adjudicated as a juvenileoffender because of the commission of an act which if done by an adult wouldconstitute the commission of a nonperson felony, and was found to have been inpossession of a firearm at the time of the commission of the offense;
(5) possession of any firearm by any person, other than a lawenforcementofficer, in or on any school property or grounds upon which is located abuilding orstructure used by a unified school district or an accredited nonpublic schoolfor student instruction or attendance or extracurricular activities of pupilsenrolled in kindergarten or any of the grades 1 through 12or at any regularly scheduled school sponsoredactivity or event;
(6) refusal to surrender or immediately remove from schoolpropertyor grounds orat any regularly scheduled school sponsored activity or eventanyfirearm in the possession of any person, other than a law enforcement officer,when so requested or directed by any duly authorized school employee or any lawenforcement officer; or
(7) possession of any firearm by a person who is or has been a mentally illperson subject to involuntary commitment for care and treatment, as defined inK.S.A. 59-2946, and amendments thereto, or persons with an alcohol or substanceabuse problem subject to involuntary commitment for care and treatment asdefined in K.S.A. 59-29b46, and amendments thereto.
(b) Subsection (a)(5) shall not apply to:
(1) Possession of any firearm in connection with a firearmssafety courseof instruction or firearms education course approved and authorized by theschool;
(2) any possession of any firearm specifically authorized inwriting bythesuperintendent of any unified school district or the chief administrator of anyaccredited nonpublic school;
(3) possession of a firearm secured in a motor vehicle by aparent,guardian,custodian or someone authorized to act in such person's behalf who isdeliveringor collecting a student; or
(4) possession of a firearm secured in a motor vehicle by aregisteredvoterwho is on the school grounds, which contain a polling place for the purpose ofvoting during polling hours on an election day.
(c) Subsection (a)(7) shall not apply to a person who has received acertificate of restoration pursuant to K.S.A. 2009 Supp. 75-7c26, andamendments thereto.
(d) Violation of subsection (a)(1) or (a)(5) is a class Bnonperson selectmisdemeanor; violation of subsection (a)(2), (a)(3), (a)(4)or (a)(7) is a severity level 8, nonperson felony;violation of subsection (a)(6) is a class A nonpersonmisdemeanor.
