In the State of Kansas, and under federal law, convicted felons cannot legally possess a firearm. Not every DUI conviction results in a felony, but some can. Namely, a third or subsequent DUI, crimes in which someone is injured by your actions while drunk driving, or fleeing and eluding a police officer can potentially be charged as felonies.
Read on to learn more about how you could lose your right to bear arms in Kansas after certain DUI convictions and how a Kansas DUI lawyer can often help protect those rights.
DUI Crimes That Can Result in Felony Charges
Kansas Statute §8-1567 outlines the majority of DUI crimes in Kansas. The only felony violations listed are §8-1567 (b)(1)(D) and (E).
Subsection D provides: “On a third conviction a nonperson felony if the person has a prior conviction which occurred within the preceding 10 years, not including any period of incarceration.” In other words, if you have two convictions or convictions for DUI-related crimes, your third conviction will be considered a non-person felony.
Likewise, a fourth conviction and any after that will all be charged as separate felonies.
In addition to these repeat offender laws, results of your actions could be charged as a felony. For instance, if a car accident results in a death you could face involuntary manslaughter charges, which is a felony. Assaulting a police officer or causing great bodily harm could similarly constitute an “Aggravated Battery” DUI, which can be prosecuted under felony charges.
How Long Do DUI Felons Lose Their Right to Own Firearms?
Kansas Statutes §21-4204 states that those arrested for felony DUI and who were not possessing a firearm at the time of their arrest must wait at least five years past their end-of-sentence term or conviction before they can legally own a firearm.
Those arrested for felony DUI in conjunction with a charge like vehicular manslaughter must wait 10 years before they can legally possess a firearm.
However, anyone arrested for person-type felony crimes and in possession of a firearm — either legally or illegally — loses their right to own a firearm for the rest of their life.
Additionally, anyone arrested while under the influence of controlled substances or street drugs may be determined to be an addict, which means they lose their right to possess a firearm. This rule can also apply to individuals who suffer from alcoholism.
Federal Firearms Restrictions for Felons
Under Federal law 18 USC 922(g), those convicted of felony crimes cannot ship, transport, receive or possess any firearm or ammunition. These restrictions include personal ownership or use of a firearm for purposes of hunting or defense of property. Violations can carry a 10 year prison sentence and a $5,000 fine.
It is possible to have your federal gun rights restored after a certain period of time has passed after a felony conviction, but it is not easy.
Defending Your Rights with a Kansas DUI Lawyer
If you are concerned about your risk of losing your right to own firearms, strongly consider procuring the services of a Kansas DUI lawyer. They can help you fight your felony conviction, or they can argue on your behalf to reduce your charges in order to preserve your constitutional rights.
Even if you have a felony conviction, the possibility of having it expunged means you could potentially restore your Second Amendment rights. Fight for those rights by hiring a Kansas DUI lawyer today.