§ 22-180. 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.

(Ord. No. O-48-15 , §§ 4, 5, 8-13-2015)

State law reference

K.S.A. 21-6303.

Editor's note

Ord. No. O-48-15 , §§ 4, 5, adopted Aug. 13, 2015, repealed the former § 22-180, and enacted a new § 22-180 as set out herein. The former § 22-180 pertained Criminal disposal of firearms and derived from the Code of 1988, § 22-109; Ord. No. 65498, § 44, 1-4-1990; Ord. No. 65833, § 18, 3-10-1994; Ord. No. 66173, § 9, 11-7-1996; Ord. No. O-87-09, § 8, 11-5-2009; Ord. No. O-62-10, § 3, 11-4-2010.