The Kansas Jury Instruction — Sale of Firearm to Convicted Felon is a set of guidelines and directions given to jurors in a legal case involving the sale of a firearm to an individual with a prior felony conviction. This instruction outlines the legal elements that must be proven in order to establish the offense and provides guidance on determining the defendant's guilt or innocence. In Kansas, it is illegal for anyone to knowingly sell, transfer, or otherwise provide a firearm to a person who has been previously convicted of a felony. This law aims to prevent individuals with criminal histories from obtaining firearms and potentially posing a threat to public safety. The Kansas Jury Instruction — Sale of Firearm to Convicted Felon ensures that jurors have a clear understanding of the law and can make an informed decision based on the evidence presented during a trial. Key elements that jurors need to consider when deliberating this offense include: 1. Knowledge: The prosecution must prove that the defendant had knowledge of the recipient's prior felony conviction. If the defendant was unaware of the recipient's criminal history, they may not be found guilty under this instruction. 2. Sale or Transfer: The act of sale, transfer, or provision of the firearm is another crucial element. Jurors must determine if the defendant engaged in any of these actions, directly or indirectly, to the convicted felon. It is important to note that a mere possession of a firearm by a convicted felon is not sufficient to establish guilt under this instruction. 3. Prior to Felony Conviction: The recipient of the firearm should have a prior felony conviction that is recognized under Kansas law. It is the jury's responsibility to assess whether the recipient meets this criterion beyond a reasonable doubt. 4. Firearm Classification: The instruction applies to all types of firearms, including handguns, rifles, shotguns, and any other weapon that falls under the definition provided by Kansas law. While there may not be different variations of the Kansas Jury Instruction — Sale of Firearm to Convicted Felon, it is crucial for the jurors to understand the nuances of this instruction to accurately assess the evidence presented and render a fair and just verdict. Comprehending these specific guidelines enables jurors to evaluate the circumstances of the sale or provision of a firearm to a convicted felon in accordance with Kansas law, ensuring the proper administration of justice.
Kansas Jury Instruction - Sale Of Firearm To Convicted Felon
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If you are found guilty of the illegal possession of a firearm as a convicted felon, you may face as much as $5,000 in fines, up to five years in prison, or both. In certain situations the punishment may be even more severe, depending on the circumstances and whether the alleged offender has a lengthy criminal history.
Possesses a firearm within eight years of satisfying the sentence for conviction or has been released from imprisonment for the conviction of certain controlled substances felony crimes; certain crimes against persons and property; sex offenses; or an attempt, conspiracy, or criminal solicitation of any such felony; ...
A Kansas firearm is "any weapon designed or having the capacity to propel a projectile by force of an explosion or combustion." That means a muzzleloader is a firearm, and as a felon you cannot possessone in Kansas.
Expungement in Kansas also does not relieve you of any requirement you have to register as an offender if you have been ordered to do so. If the expungement is for a felony, there is no guarantee that your right to purchase firearms will be restored due to restrictive federal and state laws.
I have a felony record. Can I have black powder guns? Yes, but the statute says antiques or replicas of antiques.
Your criminal conviction can be expunged if the required amount of time has passed and you have not been convicted of a felony in the past 2 years. Other felonies and motor vehicle offenses, such as driving while suspended, can be expunged 5 years after the completion of the sentence.
Mentally ill persons subject to involuntary commitment. A person convicted of a felony specified under the criminal possession of a firearm by a convicted felon statute. A person not legally authorized to stay in the United States. A person who is currently the subject of a domestic violence protective order.
If a convicted felon is found to have access to a firearm, they have committed a serious felony: illegal possession of a firearm. It doesn't matter if it's their spouse or a friend who owns it.