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-


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  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. 


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  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.