2009 Kansas Code
Chapter 21 CRIMES AND PUNISHMENTS
Article 42 CRIMES AGAINST THE PUBLIC SAFETY
21-4203. Criminal disposal of firearms.

21-4203

Chapter 21.--CRIMES AND PUNISHMENTS
PART II.--PROHIBITED CONDUCT
Article 42.--CRIMES AGAINST THE PUBLIC SAFETY

      21-4203.   Criminal disposal of firearms. (a) Criminal disposal of firearms is knowingly:

      (1)   Selling, giving or otherwise transferring any firearm with a barrel less than 12 inches long to any person under 18 years of age;

      (2)   selling, giving or otherwise transferring any firearms to any person who is both addicted to and an unlawful user of a controlled substance;

      (3)   selling, giving or otherwise transferring any firearm to any person who, within the preceding five years, has been convicted of a felony, other than those specified in subsection (b), under the laws of this or any other jurisdiction or has been released from imprisonment for a felony and was found not to have been in possession of a firearm at the time of the commission of the offense;

      (4)   selling, giving or otherwise transferring any firearm to any person who, within the preceding 10 years, has been convicted of a felony to which this subsection applies, but was not found to have been in the possession of a firearm at the time of the commission of the offense, or has been released from imprisonment for such a crime, and has not had the conviction of such crime expunged or been pardoned for such crime;

      (5)   selling, giving or otherwise transferring any firearm to any person who has been convicted of a felony under the laws of this or any other jurisdiction and was found to have been in possession of a firearm at the time of the commission of the offense; or

      (6)   selling, giving or otherwise transferring any firearm to any person who is or has been a mentally ill person subject to involuntary commitment for care and treatment, as defined in K.S.A. 59-2946, and amendments thereto, or a person with an alcohol or substance abuse problem subject to involuntary commitment for care and treatment as defined in K.S.A. 59-29b46, and amendments thereto, and such person has not received a certificate of restoration pursuant to K.S.A. 2009 Supp. 75-7c26, and amendments thereto.

      (b)   Subsection (a)(4) shall apply to 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, and amendments thereto, or a crime under a law of another jurisdiction which is substantially the same as such felony.

      (c)   Criminal disposal of firearms is a class A nonperson misdemeanor.

      History:   L. 1969, ch. 180, § 21-4203; L. 1990, ch. 102, § 1; L. 1992, ch. 298, § 69; L. 1993, ch. 291, § 148; L. 1994, ch. 348, § 3; L. 1996, ch. 158, § 3; L. 2006, ch. 210, § 13; L. 2009, ch. 32, § 28; July 1.

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