Session of 2000
SENATE BILL No. 628
By Committee on Judiciary
2-11
9 AN ACT
concerning crimes, criminal procedure and punishment; relat-
10 ing to possession of a
firearm by a felon; amending K.S.A. 1999 Supp.
11 21-4204 and repealing
the existing section.
12
13 Be it enacted by the Legislature of the
State of Kansas:
14 Section
1. K.S.A. 1999 Supp. 21-4204 is hereby amended to read as
15 follows: 21-4204. (a) Criminal possession
of a firearm is:
16 (1) Possession of
any firearm by a person who is both addicted to and
17 an unlawful user of a controlled
substance;
18
(2) possession of any firearm by a person who has been
convicted of
19 a person felony or a violation of
any provision of the uniform controlled
20 substances act under the laws of
Kansas or a crime under a law of another
21 jurisdiction which is substantially
the same as such felony or violation, or
22 was adjudicated a juvenile offender
because of the commission of an act
23 which if done by an adult would
constitute the commission of a person
24 felony or a violation of any
provision of the uniform controlled substances
25 act, and was found to have been in
possession of a firearm at the time of
26 the commission of the
offense;
27
(3) possession of any firearm by a person who, within the
preceding
28 five years has been convicted of a
felony, other than those specified in
29 subsection (a)(4)(A), under the
laws of Kansas or a crime under a law of
30 another jurisdiction which is
substantially the same as such felony, has
31 been released from imprisonment for
a felony or was adjudicated as a
32 juvenile offender because of the
commission of an act which if done by
33 an adult would constitute the
commission of a felony, and was found not
34 to have been in possession of a
firearm at the time of the commission of
35 the offense;
36
(4) possession of any firearm by a person who, within the
preceding
37 10 years, has been convicted of:
(A) A felony under K.S.A. 21-3401, 21-
38 3402, 21-3403, 21-3404, 21-3410,
21-3411, 21-3414, 21-3415, 21-3419,
39 21-3420, 21-3421, 21-3427, 21-3502,
21-3506, 21-3518, 21-3716, 65-
40 4127a or 65-4127b, K.S.A. 1999
Supp. 21-3442 or 65-4160 through 65-
41 4164, and amendments thereto, or a
crime under a law of another juris-
42 diction which is substantially the
same as such felony, has been released
43 from imprisonment for such felony,
or was adjudicated as a juvenile of-
2
1 fender because of the
commission of an act which if done by an adult
2 would constitute the
commission of such felony, was found not to have
3 been in possession of a
firearm at the time of the commission of the
4 offense, and has not had the
conviction of such crime expunged or been
5 pardoned for such crime; or
(B) a nonperson felony under the laws of
6 Kansas or a crime under the
laws of another jurisdiction which is sub-
7 stantially the same as such
nonperson felony, has been released from
8 imprisonment for such
nonperson felony or was adjudicated as a juvenile
9 offender because of the
commission of an act which if done by an adult
10 would constitute the commission of
a nonperson felony, and was found
11 to have been in possession of a
firearm at the time of the commission of
12 the offense;
13 (5)
possession of any firearm by a person who, within the preceding
10
14 years, has been convicted of a
felony;
15
(3) possession of any firearm by any person, other than a
law enforce-
16 ment officer, in or on any school property
or grounds upon which is
17 located a building or structure used by a
unified school district or an
18 accredited nonpublic school for student
instruction or attendance or ex-
19 tracurricular activities of pupils enrolled
in kindergarten or any of the
20 grades 1 through 12 or at any regularly
scheduled school sponsored ac-
21 tivity or event; or
22 (6)
(4) refusal to surrender or immediately remove from
school prop-
23 erty or grounds or at any regularly
scheduled school sponsored activity or
24 event any firearm in the possession of any
person, other than a law en-
25 forcement officer, when so requested or
directed by any duly authorized
26 school employee or any law enforcement
officer.
27 (b) Subsection
(a)(5) (a)(3) shall not apply to:
28 (1) Possession of
any firearm in connection with a firearms safety
29 course of instruction or firearms education
course approved and author-
30 ized by the school;
31 (2) any
possession of any firearm specifically authorized in writing by
32 the superintendent of any unified school
district or the chief administrator
33 of any accredited nonpublic school;
34 (3) possession of
a firearm secured in a motor vehicle by a parent,
35 guardian, custodian or someone authorized
to act in such person's behalf
36 who is delivering or collecting a student;
or
37 (4) possession of
a firearm secured in a motor vehicle by a registered
38 voter who is on the school grounds, which
contain a polling place for the
39 purpose of voting during polling hours on
an election day.
40 (c) Violation of
subsection (a)(1) or (a)(5) (a)(3) is a
class B nonperson
41 select
misdemeanor;. Violation of subsection
(a)(2), (a)(3) or (a)(4) is a
42 severity level 8, nonperson
felony;. Violation of subsection
(a)(6) (a)(4) is
43 a class A nonperson misdemeanor.
3
1 Sec. 2. K.S.A. 1999 Supp.
21-4204 is hereby repealed.
2 Sec. 3. This act
shall take effect and be in force from and after its
3 publication in the statute book.