Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law
This answer was rated:

HI Fran. Below you answered my question and in the answer it

says: "and was found to...
HI Fran. Below you answered my question and in the answer it says:
"and was found to have been in possession of a firearm at the time of the commission of the offense;"
So what if was not in possession of a firearm at the time of the offense?

(2) possession of any firearm by a person who has been convicted of a person felony or a violation of any provision of the uniform controlled substances act under the laws of Kansas or a crime under a law of another jurisdiction which 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 any provision of the uniform controlled substances act, and was found to have been in possession of a firearm at the time of the commission of the offense;
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 18 minutes by:
12/2/2009
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 28,053
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Verified
HiCustomer

The time of the offense is the time of the possession, not the time of the arrest. So you may not have the gun on you at the time you get arrested for the crime, but that doesn't mean that the arrest is unlawful or that you can't be prosecuted for it. You may be able to use as your defense (if you go to trial) that you were never in possession and that there is not and never was any gun. Whether a jury will believe that is another matter and will depend on the facts as alleged at trial.

There is also such a thing as the theory of "constructive possession." For example, you and your friends are going hunting, and there are firearms in the trunk of the car. The car gets stopped for whatever reason, and the rifles are discovered. You have a felony conviction, and you will get arrested for possession of a firearm, because you're in the car, the guns are in the car, and you're not supposed to have anything to do with guns. (This theory of constructive possession would apply to a gun found somewhere in your house as well).

At trial, the legal presumption that you possessed the firearm could fail, if the state can't make out its burden to show that you knew the guns were in the car and that you were in a position to take custody and control over the weapon. On the other hand, you could end up convicted.

I think this answers your question,but if not, let know.

_____

If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your state for specific legal advice.

Edited by FranL on 12/2/2009 at 5:00 PM EST
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 28,053
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Verified
Zoey_ JD and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Customer reply replied 7 years ago
Hi Fran. Thank you. I please allow me to clarify what i am asking just a bit.
if i had a possesion of cocaine 9 years ago, and no gun was involved, if i wanted to own a gun today in kansas, could i?
i think further study of the law prohibitiing gun ownership in kansas says something about if the offense was more than five years ago.
9 years ago i had the cocaine possesion charge, one in kansas, one in texas. The one in kansas is expunged. the one in texas is still on my record.
but i think further reading of the statute that you referance seems to imply that living in kansas, i might be ok to own a gun.
if the offense was more than five years ago and took place in kansas.
or if the offense was in another state, under the same circumstances.
I understand this mihgt require you looking again at the statute that you had originally referanced and do not mihgt paying you another 30 and understand this would now be $60.
Thank you
Rick
Rick,

I'll look closer and get back to you shortly.
Ask Your Own Criminal Law Question
Hi Rick,

I see what is concerning you. Under section (3) of the statute, it does appear that you would have gun rights in Kansas. However, your offense is a drug conviction and would come under (2). You are merging the two provision, and I don't think the provisions are meant to be merged. The statute specifically sets apart those cases which would fall under the Uniform Controlled Substances Act. They need not have done that if they didn't want to make that a stand-alone provision. They could have stricken it from the statute altogether and just let you get your rights restored in 5 years.

Additionally, as you still have the Texas felony on your record, even if you would be okay under Kansas law via your theory, you would be barred from possession of a weapon under Federal law because of the Texas conviction. I know it's not what you want to hear, but I am going to stand by my original position.

You will need to get your Texas felony set aside and your gun rights restored. I don't know how feasible that will be, but that's the only chance I see.

_____

If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your state for specific legal advice.



Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 28,053
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Verified
Zoey_ JD and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Ask Zoey_ JD Your Own Question
Zoey_ JD
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 28,053
28,053 Satisfied Customers
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.

Zoey_ JD is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,175 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,014 satisfied customers

16 yrs. of experience including criminal law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

RobertJDFL

RobertJDFL

Lawyer

1,812 satisfied customers

Experienced in multiple areas of the law.

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,623 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
I live in WV. I just came from juvenile court for truancy
I live in WV. I just came from juvenile court for truancy against my 17 year old son. The attendance officer had multiple doctor excuses in hand, and stated some were real and some were fake. The judg… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My grandson is in a court ordered juvenile rehab facility
my grandson is in a court ordered juvenile rehab facility and he has a medical problem that needs treatment and therapy and he has an appointment on the 11th of this month but as the fcats are this we… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,437 satisfied customers
If my daughter is a juvenile and she is being charged with
if my daughter is a juvenile and she is being charged with criminal mischief, can her identity be withheld from public records, she was with three older girls, two of these girls cut a hole in some pe… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,053 satisfied customers
My friend has a previous gun charge it was a misdemeanor but
My friend has a previous gun charge it was a misdemeanor but now is being charged with aggravated assault … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,279 satisfied customers
My grandson is now 21. He was convicted at 17 as a juvenile
My grandson is now 21. He was convicted at 17 as a juvenile for lewd molestation. He did this at the age of 14 or 15 on my nephew who was 5 at the time. He was sentenced to 6 yrs in Florida juveniles … read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
When in a trial is there a sentencing guideline and the
when in a trial is there a sentencing guideline and the judge said i had a 0 rating what does that mean i have misdameanors and summaries… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,053 satisfied customers
If convicted by the state for gun straw purchase with two
if convicted by the state for gun straw purchase with two guns not used in a crime can there be a lighter sentence then the 5 years if defendant don't have any criminal record or any contact with the … read more
Steinlaw
Steinlaw
Attorney/Principal
JD
1,704 satisfied customers
I'm writing a story about a rape trial. In trial, if the
I'm writing a story about a rape trial.In trial, if the alleged victim is giving testimony about the attack/rape, can she describe what her assailant was saying to her during the attack? Can she descr… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,053 satisfied customers
I have a juvenile record that shows up on my FBI background
I have a juvenile record that shows up on my FBI background check. I have been denied to try and purchase a handgun but I am an Active Duty Army Soldier, I am confused how this can happen? … read more
Michael Bradley
Michael Bradley
JD
1,127 satisfied customers
I would like to purchase a "gun" for pest control.
I would like to purchase a "gun" for pest control. Squirrels, possums, skunks and whatever lil critter thinks it's ok to dig up my beautiful plants. I am a convicted felon in the state of VA. Possessi… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,279 satisfied customers
My. My question was "are gun rights automatically restored
Yes my question was "are gun rights automatically restored after 10 years without even a traffic violation New Mexico I live in Nevada now … read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,053 satisfied customers
I gave a written statement taking blame for a gun that was
I gave a written statement taking blame for a gun that was not mine I was sitting passenger and was found in vehicle is there any options I have or just having to take time for this… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,437 satisfied customers
An adult neighbor, threatened my juvenile son (17) this
An adult neighbor, threatened my juvenile son (17) this morning, saying he was going to kill him, along with a whole host of profanity and vulgar language, he called me and I told him to go inside and… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,053 satisfied customers
I have a friend that were sentence under the new juvenile
I have a friend that were sentence under the new juvenile law, of Rover Vs Alabama in 2012. The law states that its cruel and unconstitutional for juvenile to have a life sentence. if some was resente… read more
Legalwriter
Legalwriter
Attorney
Juris Doctor
201 satisfied customers
Can someone own a BB gun co2 air gun while a restraining
Can someone own a BB gun co2 air gun while a restraining order case is open in state of Florida?… read more
Ray
Ray
Lawyer
Doctoral Degree
30,179 satisfied customers
Can a county attorney file charges on a juvenile that caused
Can a county attorney file charges on a juvenile that caused minor damage to personal property when the owners of the personal property are not filing charges? Especially when the minor admitted it to… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
If a juvenile and an adult get into a physical altercation
If a juvenile and an adult get into a physical altercation and the juvenile causes bodily harm but the adult does not why do they charge the juvenile with battery and the adult with nothing? Aren't th… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,053 satisfied customers
If a person was registered as a juvenile sex offender in
If a person was registered as a juvenile sex offender in Wisconsin and didn't have to be on the adult site would that change if they were moving to Florida… read more
Ray
Ray
Lawyer
Doctoral Degree
30,179 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x