In the midst of the ongoing discuss over gun rights and gun control laws, there are some important facts to point out about Kansas' law on possession of weapons. As long as one follows the rules and regulations required to obtain a weapon lawfully, it is relatively simple to purchase and own a firearm in Kansas. However, there are some exceptions to this. Under special circumstances, simply being in possession of a firearm has the potential to constitute a felony criminal charge.
- Felon in Possession of a Weapon: If someone who has been convicted of a felony in the last ten years is found in the possession of a weapon, firearm or even ammunition, they can be charged with a federal offense and face indictment by a grand jury.
- Use of a weapon in commissioning a drug crime: Drug offenses in Kansas are taken very seriously. If someone is suspected of using a weapon or firearm in the commissioning of the drug offense, not only will it increase the severity of the drug charge but it may also constitute a felony charge concerning unlawful possession of a firearm.
- Possession of firearm in close proximity to a drug crime: Although this charge varies from case to case, a weapon does not necessarily need to be used in the commissioning of a drug crime to warrant felony weapons charges. If a weapon is found in close enough proximity to a serious drug crime, the person possessing that weapon may be subject to felony weapons charges.
- Users of Narcotics or Habitual Drunkards in Possession of a Firearm: The nature of an individual may have weight on their ability to lawfully possess a weapon. Individuals who have been convicted of unlawfully using controlled substances or are known to be habitual drunkards are not permitted to possess a firearm. If they are found in possession of a firearm against the law, they will be subject to felony criminal charges.
Felony weapons charges are subject to a mandatory minimum prison sentence with punishment for drug-related offenses being significantly more serious. The unfortunate reality is that many people who fall into these categories are unaware that they're not permitted by law to own a firearm. Being charged for a crime one didn't know he was committing is a very difficult thing to undergo. Fortunately, a Johnson Country criminal defense attorney from Garretson & Toth, LLC is here to offer representation, counsel and support to such individuals so that they have the best chance of emerging from their case successful.