See our Prohibited Purchasers policy summary for a comprehensive discussion of this issue.

Federal law prohibits certain persons from purchasing or possessing firearms, such as felons, certain domestic abusers, and certain people with a history of mental illness.

Kansas law prohibits any person from possessing a firearm if he or she:

  • Is both addicted to and an unlawful user of a controlled substance;1
  • Has been convicted of a “person” felony (a felony crime committed against or upon a person, e.g., homicide, rape, battery, kidnapping) or a violation of any provision of the Kansas uniform controlled substance act or a similar violation under the laws of another jurisdiction, or has been 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 any provision of the Kansas uniform controlled substances act, and was found to have been in possession of a firearm at the time of the offense;2
  • Within the preceding ten years, has been convicted of a “nonperson” felony under Kansas law or a similar crime under the laws of another jurisdiction, 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 a “nonperson” felony, and was found not to have been in possession of a firearm at the time of the commission of the offense;3
  • Within the preceding five or ten years, depending on the crime, has been convicted of a felony under the laws of Kansas or a crime under a law of another jurisdiction which is substantially the same as such felony, has been released from imprisonment for a 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 a felony, and was found not to have been in possession of a firearm at the time of the commission of the offense;4 or
  • Is or has been a mentally ill person subject to involuntary commitment for care and treatment, or a person with an alcohol or substance abuse problem subject to involuntary commitment for care and treatment, unless the person has received a “certificate of restoration” pursuant to Kansas law.5 Under Kansas law, a person who was previously ordered to involuntary commitment for care and treatment as a mentally ill person or a person with an alcohol or substance abuse problem and who has been discharged from a facility may file a petition in the court where treatment was ordered for a certificate of restoration of the ability to legally possess a firearm.6 The certificate of restoration applies only to the possession of a firearm for the purposes of the state prohibition on firearm possession by the mentally ill and persons with an alcohol or substance abuse problem.7

See the Private Sales section for the Kansas laws that prohibit knowingly selling a firearm to a similar list of individuals.

For information on the background check process used to enforce these provisions, see the Kansas Background Checks section.

 

Notes
  1. Kan. Stat. Ann. § 21-6301(a)(10). ⤴︎
  2. Kan. Stat. Ann. § 21-6304(a)(1). ⤴︎
  3. Kan. Stat. Ann. § 21-6304(a)(3)(B). ⤴︎
  4. Kan. Stat. Ann. § 21-6304(a)(2), (3)(A). ⤴︎
  5. Kan. Stat. Ann. § 21-6301(a)(13), (j). ⤴︎
  6. Kan. Stat. Ann. § 75-7c26(a). ⤴︎
  7. Kan. Stat. Ann. § 75-7c26(d). ⤴︎