K.S.A. » Chapter 21
Kansas Statutes Annotated

K.S.A. § 21-6304 (2026)

Criminal possession of a firearm by a convicted felon

✓ current as of May 2026
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21-6304. Criminal possession of a firearm by a convicted felon. (a) Criminal possession of a weapon by a convicted felon is possession of any weapon by a person who:

(1) Has been convicted of a person felony or a violation of article 57 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto, K.S.A. 2010 Supp. 21-36a01 through 21-36a17, prior to their transfer, or any violation of any provision of the uniform controlled substances act prior to July 1, 2009, or a crime under a law of another jurisdiction that is substantially the same as such felony or violation, or was adjudicated a juvenile offender because of the commission of an act which if done by an adult would constitute the commission of a person felony or a violation of article 57 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto, K.S.A. 2010 Supp. 21-36a01 through 21-36a17, prior to their transfer, or any violation of any provision of the uniform controlled substances act prior to July 1, 2009, and was found by the convicting court to have used a firearm in the commission of the crime;

(2) (A) (i) Has been convicted of a person felony, other than those specified in subsection (a)(3)(A)(i), under the laws of Kansas or a crime under the law of another jurisdiction which is substantially the same as such person felony; or

(ii) was adjudicated as a juvenile offender because of the commission of an act which if done by an adult would constitute the commission of a person felony;

(B) was not found by the convicting court to have used a firearm in the commission of such crime; and

(C) less than three years have elapsed since such person satisfied the sentence imposed or the terms of any diversion agreement for such crime, or was discharged from probation, a community correctional services program, parole, postrelease supervision, conditional release or a suspended sentence;

(3) (A) (i) has been convicted of a felony under:

(a) K.S.A. 21-5402, 21-5403, 21-5404, 21-5405, 21-5408, 21-5412(b) or (d), 21-5413(b) or (d), 21-5415(a), 21-5420(b), 21-5503, 21-5504(b), 21-5505(b), and 21-5807(b), and amendments thereto;

(b) article 57 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto;

(c) K.S.A. 2010 Supp. 21-36a01 through 21-36a17, prior to their transfer;

(d) 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, 65-4159 through 65-4165 or 65-7006, prior to their repeal;

(e) an attempt, conspiracy or criminal solicitation as defined in K.S.A. 21-3301, 21-3302 or 21-3303, prior to their repeal, or K.S.A. 21-5301, 21-5302 or 21-5303, and amendments thereto, of any such felony; or

(f) a crime under a law of another jurisdiction that is substantially the same as such felony; or

(ii) has been released from imprisonment for such felony, or was adjudicated as a juvenile offender because of the commission of an act which if done by an adult would constitute the commission of such felony; and

(B) less than eight years have elapsed since such person satisfied the sentence imposed or the terms of any diversion agreement for such crime, or was discharged from probation, a community correctional services program, parole, postrelease supervision, conditional release or a suspended sentence; or

(4) (A) (i) has been convicted of any other nonperson felony, other than those specified in subsections (a)(1) through (a)(3), under the laws of Kansas or a crime under the law of another jurisdiction which is substantially the same as such nonperson felony; or

(ii) was adjudicated as a juvenile offender because of the commission of an act which if done by an adult would constitute the commission of a nonperson felony; and

(B) less than three months have elapsed since such person satisfied the sentence imposed or the terms of any diversion agreement for such crime, or was discharged from probation, a community correctional services program, parole, postrelease supervision, conditional release or a suspended sentence.

(b) Criminal possession of a weapon by a convicted felon is a severity level 8, nonperson felony.

(c) The provisions of subsections (a)(1), (a)(2) and (a)(4) shall not apply to a person who has been convicted of a crime and has had the conviction of such crime expunged or has been pardoned for such crime.

(d) As used in this section:

(1) "Knife" means a dagger, dirk, switchblade, stiletto, straight-edged razor or any other dangerous or deadly cutting instrument of like character; and

(2) "weapon" means a firearm or a knife.

History: L. 2010, ch. 136, § 189; L. 2011, ch. 91, § 34; L. 2013, ch. 36, § 2; L. 2014, ch. 97, § 12; L. 2021, ch. 94, § 4; July 1.

Notes of Decisions
Cited in 72 cases (54 in the last 5 years), 2014–2026 · leading case: State v. Harris, 467 P.3d 504 (Kan. 2020).
Sort: Relevance Newest Treatment
State v. Harris, 467 P.3d 504 (Kan. 2020). · cites it 37× “Review of the judgment of the Court of Appeals in an unpublished opinion filed January 19, 2018. Appeal from Sedgwick District Court; JOHN J.”
State v. Hambright, 545 P.3d 605 (Kan. 2024). · cites it 11× “The State charged Hambright with the unlawful possession of a knife in violation of K.S.A. 2018 Supp. 21-6304. Shortly before trial, Hambright moved to dismiss the prosecution, citing State v.”
State v. Peters, 555 P.3d 1134 (Kan. 2024). · cites it 5× “In Count 8 of the complaint, the State charged Peters with criminal possession of a weapon under K.S.A. 2017 Supp. 21-6304(a)(2). This statute provides that a person criminally possesses a weapon when: "within the preceding five years [the person] has been convicted of a felony,…”
State v. Foster, 493 P.3d 283 (Kan. Ct. App. 2021). · cites it 20× “Our court has repeatedly turned away unpreserved constitutional challenges to K.S.A. 2020 Supp. 21-6304 on prudential grounds because, despite repeated admonishments, appellants failed to raise the issue below.”
State v. Valdez, 512 P.3d 1125 (Kan. 2022). · cites it 2× “22 At the time of Valdez' crimes, K.S.A. 2018 Supp. 21-6304 provided, "(a) Criminal possession of a weapon by a convicted felon is possession of any weapon by a person who: (1) Has been convicted of a person felony .”
United States v. Juan Castillo-Rivera, 853 F.3d 218 (5th Cir. 2017). “a violation of article 57 A misdemeanor, punishable by up to a year in 12 Kansas Kan. Stat. Ann. § 21-6304 of chapter 21 of the Kansas Statutes Annotated" prison.”
State v. Howard, 339 P.3d 809 (Kan. Ct. App. 2014). · cites it 5× “Under K.S.A. 2013 Supp. 21-6304, a person is guilty of criminal possession of a firearm in Kansas if he or she possesses a firearm and has previously been “convicted of [certain Kansas felonies] or a crime under a law of another jurisdiction which is substantially the same” as…”
State v. Guebara, 544 P.3d 794 (Kan. 2024). · cites it 2× “The State charged Guebara with one count of attempted first-degree murder and one count of criminal possession of a weapon by a felon.”
State v. Williams, 429 P.3d 201 (Kan. 2018). “21-5402 and criminal possession of a firearm under K.S.A. 2017 Supp. 21-6304. A jury found him guilty of both counts.”
In re A.B., 484 P.3d 226 (Kan. 2021). · cites it 2× “3d 504 (2020) (declaring K.S.A. 2019 Supp. 21-6304[c][1] is unconstitutionally vague not because of the first prong—"[a] pocketknife is a knife.”
State v. Baumgarner, 481 P.3d 170 (Kan. Ct. App. 2021). “" K.S.A. 2019 Supp. 21-6301(a)(18). That prohibition rests on the fact of a defendant's previous conviction rather than on circumstances that would subject the defendant to conviction.”
State v. Kemmerly, 552 P.3d 1244 (Kan. 2024). · cites it 5× “The State ultimately charged Kemmerly with felony murder, criminal possession of a weapon under K.S.A. 21-6304(a)(2), theft, and arson. The case went to trial, with two attorneys representing Kemmerly.”
Show all 72 citing cases →
— K.S.A. § 21-6304(a) — 10 cases
State v. Foster, 493 P.3d 283 (Kan. Ct. App. 2021). “Our court has repeatedly turned away unpreserved constitutional challenges to K.S.A. 2020 Supp. 21-6304 on prudential grounds because, despite repeated admonishments, appellants failed to raise the issue below.”
State v. Ramirez, 334 P.3d 324 (Kan. Ct. App. 2014).
State v. Johnson (Kan. Ct. App. 2020).
Bader v. Concealed Carry Licensing Unit (Kan. Ct. App. 2020).
State v. Johnson (Kan. Ct. App. 2022).
— K.S.A. § 21-6304(a)(1) — 14 cases
State v. Valdez, 512 P.3d 1125 (Kan. 2022). “22 At the time of Valdez' crimes, K.S.A. 2018 Supp. 21-6304 provided, "(a) Criminal possession of a weapon by a convicted felon is possession of any weapon by a person who: (1) Has been convicted of a person felony .”
Bader v. Concealed Carry Licensing Unit (Kan. Ct. App. 2020).
State v. Swinney (Kan. Ct. App. 2026).
State v. Smith (Kan. Ct. App. 2021).
State v. Smith, 563 P.3d 697 (Kan. 2025).
— K.S.A. § 21-6304(a)(2) — 24 cases
State v. Peters, 555 P.3d 1134 (Kan. 2024). “In Count 8 of the complaint, the State charged Peters with criminal possession of a weapon under K.S.A. 2017 Supp. 21-6304(a)(2). This statute provides that a person criminally possesses a weapon when: "within the preceding five years [the person] has been convicted of a felony,…”
State v. Foster, 493 P.3d 283 (Kan. Ct. App. 2021). “Our court has repeatedly turned away unpreserved constitutional challenges to K.S.A. 2020 Supp. 21-6304 on prudential grounds because, despite repeated admonishments, appellants failed to raise the issue below.”
State v. Howard, 339 P.3d 809 (Kan. Ct. App. 2014). “Under K.S.A. 2013 Supp. 21-6304, a person is guilty of criminal possession of a firearm in Kansas if he or she possesses a firearm and has previously been “convicted of [certain Kansas felonies] or a crime under a law of another jurisdiction which is substantially the same” as…”
State v. Kemmerly, 552 P.3d 1244 (Kan. 2024). “The State ultimately charged Kemmerly with felony murder, criminal possession of a weapon under K.S.A. 21-6304(a)(2), theft, and arson. The case went to trial, with two attorneys representing Kemmerly.”
State v. Dechant (Kan. Ct. App. 2026).
— K.S.A. § 21-6304(a)(2)(A)(i) — 1 case
State v. Dechant (Kan. Ct. App. 2026).
— K.S.A. § 21-6304(a)(2)(B) — 1 case
State v. Dechant (Kan. Ct. App. 2026).
— K.S.A. § 21-6304(a)(2)(C) — 1 case
State v. Dechant (Kan. Ct. App. 2026).
— K.S.A. § 21-6304(a)(3) — 7 cases
State v. Odom (Kan. Ct. App. 2026).
State v. Johnson (Kan. Ct. App. 2020).
State v. Kelly (Kan. Ct. App. 2022).
State v. Johnson (Kan. Ct. App. 2022).
State v. Albright (Kan. Ct. App. 2024).
— K.S.A. § 21-6304(a)(3)(A) — 18 cases
State v. Peters, 555 P.3d 1134 (Kan. 2024). “In Count 8 of the complaint, the State charged Peters with criminal possession of a weapon under K.S.A. 2017 Supp. 21-6304(a)(2). This statute provides that a person criminally possesses a weapon when: "within the preceding five years [the person] has been convicted of a felony,…”
State v. Guebara, 544 P.3d 794 (Kan. 2024). “The State charged Guebara with one count of attempted first-degree murder and one count of criminal possession of a weapon by a felon.”
State v. Kemmerly, 552 P.3d 1244 (Kan. 2024). “The State ultimately charged Kemmerly with felony murder, criminal possession of a weapon under K.S.A. 21-6304(a)(2), theft, and arson. The case went to trial, with two attorneys representing Kemmerly.”
State v. Hambright, 545 P.3d 605 (Kan. 2024). “The State charged Hambright with the unlawful possession of a knife in violation of K.S.A. 2018 Supp. 21-6304. Shortly before trial, Hambright moved to dismiss the prosecution, citing State v.”
State v. Hall, 564 P.3d 786 (Kan. Ct. App. 2025).
— K.S.A. § 21-6304(a)(3)(A)(i) — 1 case
State v. Heider (Kan. Ct. App. 2026).
— K.S.A. § 21-6304(a)(3)(B) — 1 case
State v. Silverson (Kan. Ct. App. 2021).
— K.S.A. § 21-6304(a)(4) — 2 cases
State v. Mendez (Kan. Ct. App. 2025).
State v. Dechant (Kan. Ct. App. 2026).
— K.S.A. § 21-6304(a)(4)(A) — 2 cases
Warren v. State (Kan. Ct. App. 2025).
State v. Heider (Kan. Ct. App. 2026).
— K.S.A. § 21-6304(a)(4)(A)(i) — 2 cases
State v. Heider (Kan. Ct. App. 2026).
Warren v. State (Kan. Ct. App. 2025).
— K.S.A. § 21-6304(a)(l) — 1 case
State v. Evans, 343 P.3d 122 (Kan. Ct. App. 2015).
— K.S.A. § 21-6304(b) — 2 cases
State v. Harris, 467 P.3d 504 (Kan. 2020). “Review of the judgment of the Court of Appeals in an unpublished opinion filed January 19, 2018. Appeal from Sedgwick District Court; JOHN J.”
State v. Hall, 564 P.3d 786 (Kan. Ct. App. 2025).
— K.S.A. § 21-6304(c) — 2 cases
State v. Hambright, 545 P.3d 605 (Kan. 2024). “The State charged Hambright with the unlawful possession of a knife in violation of K.S.A. 2018 Supp. 21-6304. Shortly before trial, Hambright moved to dismiss the prosecution, citing State v.”
State v. Baston (Kan. Ct. App. 2020).
— K.S.A. § 21-6304(c)(1) — 6 cases
State v. Harris, 467 P.3d 504 (Kan. 2020). “Review of the judgment of the Court of Appeals in an unpublished opinion filed January 19, 2018. Appeal from Sedgwick District Court; JOHN J.”
State v. Hambright, 545 P.3d 605 (Kan. 2024). “The State charged Hambright with the unlawful possession of a knife in violation of K.S.A. 2018 Supp. 21-6304. Shortly before trial, Hambright moved to dismiss the prosecution, citing State v.”
State v. Lucas, 462 P.3d 1208 (Kan. Ct. App. 2020).
State v. Timmons (Kan. Ct. App. 2020).
State v. Baston (Kan. Ct. App. 2020).
— K.S.A. § 21-6304(c)(2) — 3 cases
State v. Harris, 467 P.3d 504 (Kan. 2020). “Review of the judgment of the Court of Appeals in an unpublished opinion filed January 19, 2018. Appeal from Sedgwick District Court; JOHN J.”
State v. Lucas, 462 P.3d 1208 (Kan. Ct. App. 2020).
State v. Johnson (Kan. Ct. App. 2020).
— K.S.A. § 21-6304(d)(2) — 1 case
State v. Odom (Kan. Ct. App. 2026).
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