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

K.S.A. § 21-6308 (2026)

Criminal discharge of a firearm

✓ current as of May 2026
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21-6308. Criminal discharge of a firearm. (a) Criminal discharge of a firearm is the:

(1) Reckless and unauthorized discharge of any firearm at:

(A) A dwelling, building or structure in which there is a human being, regardless of whether the person discharging the firearm knows or has reason to know that there is a human being present;

(B) a motor vehicle in which there is a human being, regardless of whether the person discharging the firearm knows or has reason to know that there is a human being present; or

(C) an aircraft, watercraft, train, locomotive, railroad car, caboose, rail-mounted work equipment or rolling stock or other means of conveyance of persons, other than a motor vehicle, or property in which there is a human being, regardless of whether the person discharging the firearm knows or has reason to know that there is a human being present;

(2) reckless and unauthorized discharge of any firearm at a dwelling in which there is no human being; or

(3) discharge of any firearm:

(A) Upon any land or nonnavigable body of water of another, without having obtained permission of the owner or person in possession of such land; or

(B) upon or from any public road, public road right-of-way or railroad right-of-way except as otherwise authorized by law.

(b) Criminal discharge of a firearm as defined in:

(1) Subsection (a)(1) is a:

(A) Severity level 7, person felony except as provided in subsection (b)(1)(B) or (b)(1)(C);

(B) severity level 5, person felony if such criminal discharge results in bodily harm to a person during the commission thereof; and

(C) severity level 3, person felony if such criminal discharge results in great bodily harm to a person during the commission thereof;

(2) subsection (a)(2) is a severity level 8, person felony; and

(3) subsection (a)(3) is a class C nonperson misdemeanor.

(c) Subsection (a)(1) shall not apply if the act is a violation of K.S.A. 21-5412(d), and amendments thereto.

(d) Subsection (a)(3) shall not apply to any of the following:

(1) Law enforcement officers, or any person summoned by any such officers to assist in making arrests or preserving the peace while actually engaged in assisting such officer;

(2) wardens, superintendents, directors, security personnel and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of crime, while acting within the scope of their authority;

(3) members of the armed services or reserve forces of the United States or the national guard while in the performance of their official duty;

(4) watchmen, while actually engaged in the performance of the duties of their employment;

(5) private detectives licensed by the state to carry the firearm involved, while actually engaged in the duties of their employment;

(6) detectives or special agents regularly employed by railroad companies or other corporations to perform full-time security or investigative service, while actually engaged in the duties of their employment;

(7) the state fire marshal, the state fire marshal's deputies or any member of a fire department authorized to carry a firearm pursuant to K.S.A. 31-157, and amendments thereto, while engaged in an investigation in which such fire marshal, deputy or member is authorized to carry a firearm pursuant to K.S.A. 31-157, and amendments thereto; or

(8) the United States attorney for the district of Kansas, the attorney general, or any district attorney or county attorney, while actually engaged in the duties of their employment or any activities incidental to such duties; any assistant United States attorney if authorized by the United States attorney for the district of Kansas and while actually engaged in the duties of their employment or any activities incidental to such duties; any assistant attorney general if authorized by the attorney general and while actually engaged in the duties of their employment or any activities incidental to such duties; or any assistant district attorney or assistant county attorney if authorized by the district attorney or county attorney by whom such assistant is employed and while actually engaged in the duties of their employment or any activities incidental to such duties.

History: L. 2010, ch. 136, § 193; L. 2015, ch. 16, § 4; L. 2023, ch. 93, § 2; July 1.

Notes of Decisions
Cited in 25 cases (18 in the last 5 years), 2015–2026 · leading case: State v. Levy, 485 P.3d 605 (Kan. 2021).
Sort: Relevance Newest Treatment
State v. Levy, 485 P.3d 605 (Kan. 2021). · cites it 4× “A person has committed the crime of criminal discharge of a firearm at an occupied motor vehicle under K.S.A. 2020 Supp. 21-6308(a)(1)(B) if: (1) that person recklessly and without authorization discharges a firearm; (2) that discharge was "at a motor vehicle" independent of the…”
State v. Pattillo, 469 P.3d 1250 (Kan. 2020). · cites it 7× “See K.S.A. 2019 Supp. 21-6308. In State v. Farmer, 285 Kan.”
State v. Johnson – Hill, 391 P.3d 711 (Kan. Ct. App. 2017). · cites it 14× “in which there is a human being whether the person discharging the firearm knows or has reason to know that there is a human being present. .... (3) discharge of any firearm: .”
State v. Keys, 510 P.3d 706 (Kan. 2022). · cites it 2× “Stated another way, some crimes contain an element—the use of force—which may be negated by a proper claim of self-defense.”
State v. Potts, 374 P.3d 639 (Kan. 2016). · cites it 2× “” Under subsection (d)(1)(A), a person convicted of a nondrug severity level 3 crime (such as criminal discharge of a firearm resulting in great bodily harm, see K.S.A. 2012 Supp. 21-6308[b][1][B]) “must serve 36 months, plus the amount of good time and program credit earned and…”
State v. Holley, 509 P.3d 542 (Kan. 2022). · cites it 2× “21-5402(c)(1)(O); K.S.A. 2020 Supp. 21-6308(a). The elements of that crime include that the defendant discharged a firearm, and that it was directed either at a dwelling or a vehicle in which there was a human being present.”
State v. Milo, 510 P.3d 1 (Kan. 2022). · cites it 2× “Stated another way, some crimes contain an element—the use of force—which may be negated by a proper claim of self-defense.”
State v. Rhoiney, 501 P.3d 368 (Kan. 2021). “See K.S.A. 2020 Supp. 21-6308(a)(3)(B). We apply our four-step process to analyzing jury instruction issues: (1) reviewability; (2) legal appropriateness; (3) factual appropriateness; and (4) harmlessness.”
State v. Myers, 509 P.3d 563 (Kan. Ct. App. 2022). “" K.S.A. 2020 Supp. 21-6308(a)(1)(A) and (b)(1)(B).”
State v. Pollman, 441 P.3d 511 (Kan. Ct. App. 2019). · cites it 4× “The majority pallidly points out that discharging a firearm at an unoccupied vehicle sounds kind of like some actual statutory crimes, such as discharging a firearm at an occupied vehicle—the charge the prosecutor originally filed against Pollman in 2011—or discharging a firearm…”
State v. Parker, 344 P.3d 363 (Kan. 2015). “See K.S.A. 2013 Supp. 21-6308(a)(l)(A). Because Beverly was tolled during the commission of this inherently dangerous felony, the evidence clearly established that Parker was guilty of felony mur *566 der.”
Johnson v. Bass Pro Outdoor World, 567 P.3d 810 (Kan. 2025). · cites it 11× “The statute defining criminal discharge of a firearm, K.S.A. 2018 Supp. 21-6308, sets forth several means of committing that crime.”
Show all 25 citing cases →
— K.S.A. § 21-6308(1)(A) — 1 case
Esurance Prop. & Cas. Ins. Co. v. Christy Streeter (D. Kan. 2019).
— K.S.A. § 21-6308(a) — 5 cases
State v. Keys, 510 P.3d 706 (Kan. 2022). “Stated another way, some crimes contain an element—the use of force—which may be negated by a proper claim of self-defense.”
State v. Holley, 509 P.3d 542 (Kan. 2022). “21-5402(c)(1)(O); K.S.A. 2020 Supp. 21-6308(a). The elements of that crime include that the defendant discharged a firearm, and that it was directed either at a dwelling or a vehicle in which there was a human being present.”
State v. Milo, 510 P.3d 1 (Kan. 2022). “Stated another way, some crimes contain an element—the use of force—which may be negated by a proper claim of self-defense.”
State v. Milo (Kan. 2022).
State v. Austin (Kan. Ct. App. 2024).
— K.S.A. § 21-6308(a)(1) — 1 case
Johnson v. Bass Pro Outdoor World, 567 P.3d 810 (Kan. 2025). “The statute defining criminal discharge of a firearm, K.S.A. 2018 Supp. 21-6308, sets forth several means of committing that crime.”
— K.S.A. § 21-6308(a)(1)(A) — 5 cases
State v. Pattillo, 469 P.3d 1250 (Kan. 2020). “See K.S.A. 2019 Supp. 21-6308. In State v. Farmer, 285 Kan.”
State v. Myers, 509 P.3d 563 (Kan. Ct. App. 2022). “" K.S.A. 2020 Supp. 21-6308(a)(1)(A) and (b)(1)(B).”
State v. Trotter (Kan. Ct. App. 2022).
State v. Richard (Kan. Ct. App. 2021).
State v. Swinney (Kan. Ct. App. 2026).
— K.S.A. § 21-6308(a)(1)(B) — 8 cases
State v. Levy, 485 P.3d 605 (Kan. 2021). “A person has committed the crime of criminal discharge of a firearm at an occupied motor vehicle under K.S.A. 2020 Supp. 21-6308(a)(1)(B) if: (1) that person recklessly and without authorization discharges a firearm; (2) that discharge was "at a motor vehicle" independent of the…”
State v. Johnson – Hill, 391 P.3d 711 (Kan. Ct. App. 2017). “in which there is a human being whether the person discharging the firearm knows or has reason to know that there is a human being present. .... (3) discharge of any firearm: .”
State v. Potts, 374 P.3d 639 (Kan. 2016). “” Under subsection (d)(1)(A), a person convicted of a nondrug severity level 3 crime (such as criminal discharge of a firearm resulting in great bodily harm, see K.S.A. 2012 Supp. 21-6308[b][1][B]) “must serve 36 months, plus the amount of good time and program credit earned and…”
State v. J.L.J., 547 P.3d 501 (Kan. 2024).
State v. D.W., 545 P.3d 26 (Kan. 2024).
— K.S.A. § 21-6308(a)(1)(b) — 1 case
State v. Levy, 485 P.3d 605 (Kan. 2021). “A person has committed the crime of criminal discharge of a firearm at an occupied motor vehicle under K.S.A. 2020 Supp. 21-6308(a)(1)(B) if: (1) that person recklessly and without authorization discharges a firearm; (2) that discharge was "at a motor vehicle" independent of the…”
— K.S.A. § 21-6308(a)(3)(B) — 5 cases
State v. Johnson – Hill, 391 P.3d 711 (Kan. Ct. App. 2017). “in which there is a human being whether the person discharging the firearm knows or has reason to know that there is a human being present. .... (3) discharge of any firearm: .”
State v. Pattillo, 469 P.3d 1250 (Kan. 2020). “See K.S.A. 2019 Supp. 21-6308. In State v. Farmer, 285 Kan.”
State v. Rhoiney, 501 P.3d 368 (Kan. 2021). “See K.S.A. 2020 Supp. 21-6308(a)(3)(B). We apply our four-step process to analyzing jury instruction issues: (1) reviewability; (2) legal appropriateness; (3) factual appropriateness; and (4) harmlessness.”
Johnson v. Bass Pro Outdoor World, 567 P.3d 810 (Kan. 2025). “The statute defining criminal discharge of a firearm, K.S.A. 2018 Supp. 21-6308, sets forth several means of committing that crime.”
Johnson v. Bass Pro Outdoor World, 547 P.3d 556 (Kan. Ct. App. 2024).
— K.S.A. § 21-6308(a)(l)(A) — 1 case
State v. Parker, 344 P.3d 363 (Kan. 2015). “See K.S.A. 2013 Supp. 21-6308(a)(l)(A). Because Beverly was tolled during the commission of this inherently dangerous felony, the evidence clearly established that Parker was guilty of felony mur *566 der.”
— K.S.A. § 21-6308(a)(l)(B) — 1 case
State v. Johnson – Hill, 391 P.3d 711 (Kan. Ct. App. 2017). “in which there is a human being whether the person discharging the firearm knows or has reason to know that there is a human being present. .... (3) discharge of any firearm: .”
— K.S.A. § 21-6308(b) — 3 cases
State v. Pattillo, 469 P.3d 1250 (Kan. 2020). “See K.S.A. 2019 Supp. 21-6308. In State v. Farmer, 285 Kan.”
State v. Johnson – Hill, 391 P.3d 711 (Kan. Ct. App. 2017). “in which there is a human being whether the person discharging the firearm knows or has reason to know that there is a human being present. .... (3) discharge of any firearm: .”
Johnson v. Bass Pro Outdoor World, 547 P.3d 556 (Kan. Ct. App. 2024).
— K.S.A. § 21-6308(b)(1)(A) — 1 case
State v. Pattillo, 469 P.3d 1250 (Kan. 2020). “See K.S.A. 2019 Supp. 21-6308. In State v. Farmer, 285 Kan.”
— K.S.A. § 21-6308(b)(1)(B) — 1 case
State v. Pattillo, 469 P.3d 1250 (Kan. 2020). “See K.S.A. 2019 Supp. 21-6308. In State v. Farmer, 285 Kan.”
— K.S.A. § 21-6308(d) — 1 case
Johnson v. Bass Pro Outdoor World, 547 P.3d 556 (Kan. Ct. App. 2024).
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