In Kansas, a person with a felony conviction generally cannot own or possess a gun, and the question of whether a felon can own a gun in Kansas comes down to which felony, how long ago, and whether both state and federal prohibitions have been cleared. State law bars weapon possession for five years, ten years, or indefinitely depending on the offense, and federal law adds its own lifetime ban that doesn’t automatically lift just because the Kansas period runs out.
How Long the Kansas Ban Lasts
K.S.A. 21-6304 makes it a crime for a person with a felony conviction to possess “any weapon.” The length of the ban depends on which of three categories your conviction falls into.1KANSAS OFFICE of REVISOR of STATUTES. Kansas Code 21-6304 – Criminal Possession of a Weapon by a Convicted Felon
- Five years for most felonies not otherwise listed. The clock starts after you finish your full sentence, including probation, parole, and postrelease supervision. If you go five years without a new conviction, the state prohibition expires on its own.
- Ten years for a list of specific serious violent felonies, including murder, kidnapping, robbery, and rape. This category is the harshest in a hidden way: neither expungement nor a pardon shortens it. You wait the full ten years.
- Indefinitely, with no expiration date, if your conviction was for a person felony or a Kansas controlled substances offense (or a substantially similar out-of-state offense) and you had a firearm at the time of the crime. The ban stays in place until an expungement or pardon lifts it.
The word “weapon” is doing real work here. The statute isn’t limited to firearms, so other items can fall within the prohibition depending on circumstances.
The Federal Ban Runs Alongside
Even when the Kansas period runs out, a federal prohibition may still apply. Under 18 U.S.C. § 922(g)(1), anyone convicted of a crime punishable by more than one year in prison is barred from possessing any firearm or ammunition.2Office of the Law Revision Counsel. 18 U.S. Code 922 – Unlawful Acts
Two things about this federal rule catch people off guard. First, it covers ammunition, not only guns. Loose rounds, shotgun shells, and reloading components all count. Second, it has no built-in expiration. The federal ban runs for life unless the conviction is expunged, set aside, or pardoned, or the person’s civil rights have been restored under state law in a way that satisfies federal requirements.
Restoring Gun Rights Through Expungement
Expungement is the main way people in Kansas get their weapon rights back. A successful expungement under K.S.A. 21-6614 seals the conviction and, for most felony categories, lifts the state weapon prohibition.
Who Qualifies and When
You have to finish your sentence first. That means prison, probation, parole, postrelease supervision, and any community corrections program. For felony convictions, the general waiting period is five or more years after that completion date. For diversion agreements, it’s three years.3KANSAS OFFICE of REVISOR of STATUTES. Kansas Code 21-6614 – Expungement of Certain Convictions, Arrest Records and Diversion Agreements
You cannot petition if you have any pending criminal charges. The court has to find that no felony prosecution is currently pending against you before it will grant the petition.4Justia. Kansas Code 21-4619 – Expungement of Certain Convictions, Arrest Records and Diversion Agreements
How the Petition Works
You file in the district court where the original conviction occurred, using the original case number. The filing fee is $195, with a poverty affidavit available if you can’t afford it. A hearing is typically scheduled about two months out, and at that hearing you need to show the court that expungement serves the interests of justice. Evidence of rehabilitation, employment, and community involvement matters.
The Category That Expungement Can’t Fix
This is where people get burned. K.S.A. 21-6304(c) allows expungement to lift the weapon prohibition for the permanent-ban and five-year categories, but not for the ten-year category covering specific serious violent felonies. If your conviction is on that ten-year list, no expungement and no pardon will shorten the wait. You serve out the full ten years.1KANSAS OFFICE of REVISOR of STATUTES. Kansas Code 21-6304 – Criminal Possession of a Weapon by a Convicted Felon
And even a successful expungement doesn’t guarantee you can walk into a gun shop. The Kansas Bureau of Investigation states directly that “expungement of a felony conviction will not guarantee eligibility to purchase a firearm,” because state and federal rules may still prohibit possession depending on the crime and its circumstances.5Kansas Bureau of Investigation. Fact Sheet – Expungements
Gubernatorial Pardons
A pardon from the governor is the other route. The Kansas Constitution gives the governor the pardoning power, and K.S.A. 22-3701 authorizes the governor to pardon anyone convicted of a crime in a Kansas court.6KANSAS OFFICE of REVISOR of STATUTES. Constitution of the State of Kansas Article 1 – Executive, Section 7 – Pardons
You apply through the Kansas Prisoner Review Board, which reviews the record, may conduct a personal interview, and then recommends to the governor. The governor’s office describes clemency as “an extraordinary remedy,” and approvals are uncommon. A pardon, like expungement, can lift the state weapon ban in the five-year and indefinite categories but cannot override the ten-year prohibition for the listed serious felonies.7Kansas Office of the Governor. Executive Clemency
Why Clearing Kansas Law Isn’t Enough
Fixing your Kansas status does not automatically fix your federal status. The two systems operate on different logic, and this is where the most expensive mistakes happen.
Under 18 U.S.C. § 921(a)(20), a conviction that has been expunged, set aside, or pardoned, or for which civil rights have been restored, is not treated as a conviction for federal firearms purposes. The catch sits in the same sentence: the expungement, pardon, or restoration must not “expressly provide” that the person may not ship, transport, possess, or receive firearms. If your paperwork carries that kind of firearms restriction, the federal ban stays in force.8Office of the Law Revision Counsel. 18 U.S. Code 921 – Definitions
Kansas has a built-in restoration mechanism that matters here. Under K.S.A. 22-3722, when someone on parole or conditional release satisfactorily completes supervision, the Prisoner Review Board issues a certificate of discharge that restores civil rights. Those rights include voting, jury service, and holding public office. Federal courts look at that restoration of core civil rights when deciding whether the 921(a)(20) exception applies.9Justia. Kansas Statutes 22-3722 – Service on Parole, Conditional Release
The interaction isn’t always clean. You can have an expired Kansas five-year prohibition and a certificate of discharge in hand and still face federal exposure depending on how a court reads your particular restoration. Talk to an attorney before buying or possessing anything.
Black Powder and “Antique” Firearms
A common belief holds that a convicted felon in Kansas can legally own a black powder muzzleloader or antique firearm. The federal and state answers differ, and the state answer governs when you’re in Kansas.
Federal law excludes “antique firearms” from its definition of “firearm” under 18 U.S.C. § 921(a)(16), which covers weapons manufactured in or before 1898 and muzzle-loading rifles, shotguns, and pistols designed for black powder that cannot accept fixed ammunition. On federal grounds alone, a qualifying muzzleloader would be permissible.8Office of the Law Revision Counsel. 18 U.S. Code 921 – Definitions
Kansas law uses a broader word. K.S.A. 21-6304 prohibits possession of “any weapon,” not just “any firearm.” A muzzleloader is still a weapon even if federal law doesn’t call it a firearm, so it can fall within the state ban during the prohibition period. Because the state rule is more restrictive than the federal rule on this point, the federal antique exception won’t protect you from a Kansas prosecution.1KANSAS OFFICE of REVISOR of STATUTES. Kansas Code 21-6304 – Criminal Possession of a Weapon by a Convicted Felon
Penalties for Possessing When You Shouldn’t
Violating K.S.A. 21-6304 is a severity level 8, nonperson felony. Under the Kansas sentencing grid, that carries a presumptive sentence of roughly 7 to 23 months depending on your criminal history score. Lower history scores presume a non-prison sentence such as probation, but the court can still order imprisonment. Higher history scores push the presumption into prison.10KANSAS OFFICE of REVISOR of STATUTES. Kansas Code 21-6804 – Sentencing Grid for Nondrug Crimes
Federal prosecutors can also charge the same conduct under 18 U.S.C. § 922(g), which carries up to 15 years. Federal sentences are served in federal prison, with no state parole mechanism.2Office of the Law Revision Counsel. 18 U.S. Code 922 – Unlawful Acts
Don’t Have Someone Else Buy It for You
Asking a spouse, parent, or friend to purchase a gun on your behalf because you can’t legally buy one yourself is a federal crime called a straw purchase. Under 18 U.S.C. § 932, anyone who knowingly buys a firearm for a person they know or have reason to believe is prohibited from possessing one faces up to 15 years in prison, rising to 25 years if the gun is intended for use in a felony, terrorism offense, or drug trafficking.11Office of the Law Revision Counsel. 18 USC 932 – Straw Purchasing of Firearms
Both people in the transaction are exposed. “It’s just for home protection” is not a defense, and federal prosecutors pursue these cases whether or not the gun is ever used in another crime.