Questions on Kansas laws that I can't get asnwers on

Discussion in 'Legal and Activism' started by TacticalPrecision, Sep 21, 2011.

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  1. TacticalPrecision

    TacticalPrecision New Member

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    A family member of mine is a felon and he wants to be able to join me on my shooting expeditions and hunting trips like we used to do. We have been reading through the laws for Kansas and his felony was theft, non-violent no weapons used, he has no domestic abuse or anything like that.

    The NRA website had the law listings and from what we can tell by reading it seems like, In the state of Kansas atleast, he should be able to atleast use firearms. I'm not a lawyer by anymeans and the furthest into law I got in college was Business Law so understanding this is a bit out of my scope.

    We called the sherriffs, state troopers, local police, talked to gunshop owners, and he's asked his lawyer for some confirmation and got nowhere. His lawyer responded with an "I'll look into it." I was wondering if anyone could provide a little clarification on this or some well observed opinions perhaps. I find it rediculous that the Law Enforcement couldn't tell us let alone a lawyer.
    All I have been able to get is Possession isn't ownership it's even handling a firearm that's why I'm trying to get some more info on this.
     
  2. bkt

    bkt New Member

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    Any old lawyer might not have a clue about felon's rights with regard to handling or being in possession of a firearm in Kansas. Have him track down and pay to consult with an attorney who really knows Kansas firearm laws.

    Depending on the nature of the crime and when it was committed, it may be possible to have his record expunged thus completely restoring his rights. This is a legal process that could be lengthy and costly, but it may also be worth it. For example, if he is now 40 but back when he was 18 he stole a car but has otherwise kept his nose clean, that would probably be easier to expunge than if he has a history of burglarizing jewelry stores as recently as a couple years ago.

    Cops often don't know firearms law. Sometimes they do, I've run into far more cops who were clueless or just plain wrong. (And they were usually loud, obnoxious and belligerent 'til I proved they didn't know dick.) Don't rely on their input.
     

  3. c3shooter

    c3shooter Administrator Staff Member

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    Disclaimer- I am NOT a lawyer. I am skilled labor.

    Until he goes through the process of having his gun rights restored, for him to POSSESS a firearm is a violation of Federal law (18 USC 922(g)(1) ) , good for 5-10 years minimum in a Federal Pen, no probation, no parole. Possession means holding a firearm, or having unsupervised access to a firearm (leaving him alone in a room with one that is not locked).

    You can say "well, if you are hunting on private property"- right up to the time that the Game Warden walks up to you. Ummm- you are aware they do not need a warrant to do that?

    I have a stepbrother that due to VERY bad judgment in his youth, is a bow hunter. Gets a buck opening day every year. But when he and his brood are coming over to visit, the hardware goes in the safe.

    Be very careful here- and gents- be very careful about offering legal advice. Put your foot wrong here, there are substantial penalties.
     
  4. TacticalPrecision

    TacticalPrecision New Member

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    See and what has been confusing us is the "specified felonies" part, because from what we've read he didn't commit a felony that would, by kansas law prohibit him from possessing a firearm and the statutes in Kansas law are specified out individually and they are all relating to use of a firearm during another crime or carrying one illegally.
    So generally the regards are unless I want to get him and possibly myself into a bit of trouble I should send him to a lawyer to find out specifically for him if he's ok or not.
     
  5. TacticalPrecision

    TacticalPrecision New Member

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    As for the hunting license, I'm not sure if he's ever had one specifally since he's over 1/4 Native American he has the provisionary license for fishing, hunting, fur gathering, etc. that he carries.
     
  6. canebrake

    canebrake New Member

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    Sorry TacticalPrecision.

    Here we go again, Please find a lawyer.

    The FTF flunked it’s Bar exam.

    Only a fool would seek legal advice from a public forum and has a fool for his counselor.

    The only thing more stupid than sourcing legal advice from a public forum is providing said advice!
     
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