Kansas Statutes Chapter 21. Crimes and Punishments § 21-6303. Criminal distribution of firearms to a felon

(a) Criminal distribution of firearms to a felon is knowingly:

(1) 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 (c), under the laws of this or any other jurisdiction or has been released from imprisonment for a felony and was not found to have been in possession of a firearm at the time of the commission of the felony;

(2) 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 possession of a firearm at the time of the commission of the felony, or has been released from imprisonment for such a felony, and has not had the conviction of such felony expunged or been pardoned for such felony;  or

(3) 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 felony.

(b) Criminal distribution of firearms to a felon is a class A nonperson misdemeanor.

(c) Subsection (a)(2) shall apply to a felony under K.S.A. 21-5402 , 21-5403 , 21-5404 , 21-5405 , 21-5408, subsection (b) or (d) of 21-5412, subsection (b) or (d) of 21-5413, subsection (a) or (b) of 21-5415, subsection (b) of 21-5420 , 21-5503, subsection (b) of 21-5504, subsection (b) of 21-5505, and subsection (b) of 21-5807 , and amendments thereto, K.S.A. 21-5705 or 21-5706 , and amendments thereto, or 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 , 65-4127a , 65-4127b or 65-4160 through 65-4165 , prior to their repeal, or a crime under a law of another jurisdiction which is substantially the same as such felony.

(d) It is not a defense that the distributor did not know or have reason to know:

(1) The precise felony the recipient committed;

(2) that the recipient was in possession of a firearm at the time of the commission of the recipient's prior felony;  or

(3) that the convictions for such felony have not been expunged or pardoned.


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