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TJ, Esq.
TJ, Esq., Attorney
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CONVICTED 4 embezzelment by bailee inearly 70s,have been called

Customer Question

CONVICTED 4 embezzelment by bailee inearly 70's,have been called for jury duty 2times,vote,and have a passport. Am I eligable to purchase a fire arm 4 home prtection? age 60
Submitted: 8 years ago.
Category: Legal
Expert:  TJ, Esq. replied 8 years ago.

Hello and thank you for allowing me the opportunity to assist you.

Question: “CONVICTED 4 embezzelment by bailee inearly 70's,have been called for jury duty 2times,vote,and have a passport. Am I eligable to purchase a fire arm 4 home prtection?”

Answer: There are two different laws at play here: (1) Federal law, and (2) State law.

Federal Law: The relevant Federal law states in part:

§ 922. Unlawful acts

(g) It shall be unlawful for any person

(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;

to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

§ 921. Definitions

(a) As used in this chapter—

(20) The term “crime punishable by imprisonment for a term exceeding one year” does not include—

(A) any Federal or State offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices, or

(B) any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less.

What constitutes a conviction of such a crime shall be determined in accordance with the law of the jurisdiction in which the proceedings were held. Any conviction which has been expunged, or set aside or for which a person has been pardoned or has had civil rights restored shall not be considered a conviction for purposes of this chapter, unless such pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.

In sum, the federal law does not allow a convicted felon to possess a firearm unless his civil rights have been restored, and state law does not restrict him from possessing a firearm. Since you can vote, it sounds like your civil rights have been restored. Now let’s look at Kansas law to see about the second requirement.

Kansas Law: The relevant Kansas law states in part:

21-4204. Criminal possession of a firearm.

(a) Criminal possession of a firearm is:

(4) possession of any firearm by a person who, within the preceding 10 years, has been convicted of:

(A) A felony under 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, 21-3502, 21-3506, 21-3518, 21-3716, 65-4127a or 65-4127b, or 65-4160 through 65-4164 or K.S.A. 2005 Supp. 21-3442, and amendments thereto, or a crime under a law of another jurisdiction which is substantially the same as such felony, 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 such felony, was found not to have been in possession of a firearm at the time of the commission of the offense, and has not had the conviction of such crime expunged or been pardoned for such crime; or

(B) a nonperson felony under the laws of Kansas or a crime under the laws of another jurisdiction which is substantially the same as such nonperson felony, has been released from imprisonment for such nonperson 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 to have been in possession of a firearm at the time of the commission of the offense;

The crimes in part (A) above are as follows:

21-3401. - Murder in the first degree

21-3402. - Murder in the second degree

21-3403. - Voluntary manslaughter,

21-3404 - Involuntary manslaughter

21-3410. - Aggravated assault

21-3411. - Aggravated assault of a law enforcement officer.

21-3414. - Aggravated battery.

21-3415. - Aggravated battery against a law enforcement officer

21-3419. - Criminal threat.

21-3420. - Kidnapping

21-3421. - Aggravated kidnapping

21-3427. - Aggravated robbery

21-3502. - Rape

21-3506. - Aggravated criminal sodomy

21-3518. - Aggravated sexual battery

21-3716. - Aggravated burglary

65-4127a - Controlled substance statutes

65-4127b - Controlled substance statutes

65-4160 through 65-4164 Pharmacy statutes

2003 Supp. 21-3442 Involuntary manslaughter while driving under the

influence of alcohol or drugs

So, it doesn’t sound like your crime was for any of the above. The only other question would be if you had a gun on you when you embezzled the car, as mentioned under part (B) above. If not, then it looks like it is legal for you to possess a gun in Kansas, and it looks like it is legal for you to possess a gun under Federal law too.

To be absolutely certain, however, I urge you to see a local attorney who has handled cases concerning convicted felons and gun possession.

Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.

If the information that I provided was helpful, then please remember to click the green accept button so that I will receive credit and compensation for my time. Positive feedback is always appreciated as well. Thank you and good luck!

.

DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the State of Maryland. Accordingly, you acknowledge that (1) we have not formed an attorney-client relationship, and (2) my post is general information only and is not legal advice. For legal representation and/or legal advice I urge you to consult in person with an attorney in your local area.

TJ, Esq. and 3 other Legal Specialists are ready to help you
Customer: replied 8 years ago.

 

Your Information was quiet helpfull. I would highly recommend your service to all.20 on a 10 scale!!

Thank You, XXXXX XXXXX

Expert:  TJ, Esq. replied 8 years ago.
Glad I could help. Smiletitle="Smile"/>

Take care!
Customer: replied 6 years ago.

#1- Is Embezzlement by Bailee a Mis. or Felony--

Federal Law( 5 921. Definitions,- in part,) (a) As used in this chapter---(20)The Term (A)
(B)
Expert:  TJ, Esq. replied 6 years ago.
Hi again.

Generally speaking, embezzlement of a vehicle would be a felony rather than a misdemeanor because of the value of the car (i.e., with regard to crimes like theft, embezzlement, etc., the value of the stolen property generally determines whether the crime is a misdemeanor or a felony. Stealing more than $500 in Kansas is a felony).

I hope that helps. Please remember to click "accept," and feel free to ask for clarification.