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Old May 11, 2012, 03:03 PM   #1
chok3cha1n
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Join Date: May 10, 2012
Location: Kansas
Posts: 10
Juvenile Offender, My experience with NICS and Restoration of rights. -- KS

Hello all, this is my first post in the forums and I wanted to share my experience with having previous felonies and re-gaining my rights to own a firearm.

This is for the state of Kansas.

ALOT of other states are very similar but it would be wise to check your local and state statues before attempting to buy a firearm.

In between 2002-2005 I was convicted of 3 non-person felonies(keyword: NON PERSON) two of which were severity level 9 theft over 1,000$ but under 25,000$ and the other was a severity level 7 burglary of a non-dwelling.

The first two were when I was 14 and the last one I was 17 (charged 1 month before my 18th bday) because of my first two charges my third charge ended up sending me to a community corrections officer (highest officer you can have also does ex-prisononer parole) Because of said charge I recieved a 5 year ban from buying owning or possesing any firearms in the state of Kansas.

I learned my lesson the day my officer threw me in jail, my probation before corrections was easy and I wasn't taking my corrections seriously I was missing appointments and such. I know what it looks like but hear me out I have never been a "trouble maker" all three of these incidents were just random happenings where I was with the wrong people at the wrong time and I followed their lead, and I'm not trying to say I'm not responsible for my actions because I completely am. I have never been a drug user, so I passed all my UA's with flying colors I paid the restitution I owed and completed my community service and was set free!

The day I started corrections I had to sign some paperwork with my father, this is when they dropped the bomb on me that I had a 5 year firearm ban. Needless to say my father was <upset>, everyone in my family are avid hunters and he's purchased shotguns and such for me to use on hunting trips.

Fast forward to 2012, here I am 24 years old and I just got my first proceed on the first NICS check I have ever attempted. And this is what I've learned through the process.

Juvenile Adjudications ARE still CONVICTIONS in the state of Kansas.

Any felony labled a PERSON Felony will get you either a 10 year or a lifetime ban depending on the seriousness of the charge.

Any NON Person felony will get you a 5 or 10 year ban depending if a weapon was found on you.

Non dwelling Burglary with no weapon - 5 years
Non dwelling Burglary with weapon - 10 years

Burglary in a dwelling with no weapon - 10 years
Burglary in a dwelling with weapon - Lifetime ban

In the state of Kansas, if you have completed your sentence and your civil rights have been restored (Owning Firearms, Voting, Holding Public office) you may answer NO on the ATF form 4 that asks if you have ever been convicted of a felony of any kind. Just read the instructions on the form its in there.

Also when it comes to owning a firearms the Federal Government looks to the STATE to see if you can legally own a firearm. I have heard stories that say "Well if you were convicted of a felony, you may get your state rights back but you'll never be able to own a gun under Federal law." This is simply not true for two reasons:

1. The Feds look to the STATE to determine your rights. I was given my rights back so since Kansas says I can buy a gun, the Feds wont deny me.
2. My charges were under a district court, not a Federal court.

I found out my 5 year ban was actually up in 2010, in Kansas the day you are convicted is the day your ban begins UNLESS you go to prison the day you get out of prison is the day your ban starts. I thought mine started when my corrections was completed and I wouldn't be eligible until 2013 but I was wrong.

I have seen plenty of posts pertaining to keeping guns out of felons hands and all this blah blah blah crap.

I agree violent offenders sexual offenders drug offenders and mental health patients , yeah I think they should have a hard time getting their rights back.

But c'mon I was a kid we broke a window we stole some crap we got caught trust me the consequences justified the crime, I paid my debt to society. I have a family now a daughter and a step daughter and I shouldn't have the right to protect them because I stole some computer parts 8 years ago??

Since completion of corrections I have not had one run in with the boys in blue and I don't plan to again.

I want to take care of my daughters and wife and be able to protect them, like any man should.

And for anyone who cares to wonder, I plan on buying a DPMS MK 12 in .308 for target shooting with my friends, and a USP Compact .45 for home defense.

Again this is for the State of KANSAS, and it pertains to JUVENILE felonies. A felony conviction after you're an adult may be different circumstances.

Now I'll just try to get my Conceal and Carry and a Tax Stamp for class III weapons. (I don't know if juvenile will ban me from these items, but I'm certainly going to try)
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Old May 12, 2012, 04:32 PM   #2
Baba Louie
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Join Date: September 23, 2001
Posts: 1,497
Well, chok3, 1st off... welcome to TFL.

2nd, thanks for the informative post. Who knew? (not me) Sorry you had to go thru all that but then again we should learn from our past and I'm glad you shared some info on KS juvy proceedings with regard to RKBAs.

(I bet your Dad was POd at you for awhile there! They get like that sometimes. As you will find out I'm sure. )
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A free people ought not only to be armed and disciplined, but they should have sufficient arms and ammunition to maintain a status of independence from any who might attempt to abuse them, which would include their own government." - George Washington, January 8, 1790, First State of the Union Address
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Old May 12, 2012, 09:19 PM   #3
Aguila Blanca
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Join Date: September 25, 2008
Location: CONUS
Posts: 6,697
Quote:
Originally Posted by Chok3Cha1n
Also when it comes to owning a firearms the Federal Government looks to the STATE to see if you can legally own a firearm. I have heard stories that say "Well if you were convicted of a felony, you may get your state rights back but you'll never be able to own a gun under Federal law." This is simply not true for two reasons:

1. The Feds look to the STATE to determine your rights. I was given my rights back so since Kansas says I can buy a gun, the Feds wont deny me.
2. My charges were under a district court, not a Federal court.
You have oversimplified just a bit. In fact, the last part that I quoted, in bold, is the key.

If you are convicted in a state court of a state felony, then it is up to the state to restore your rights (or not). In general, the Feds will go along with that, but there was a flap a couple or three years ago where the BATFE was disputing restorations of rights by one of the western states (Wyoming, maybe?) because they (the BATFE boys) didn't like the language in the restoration law, or some similar bovine meadow muffins.

You can also be charged and convicted of various felonies under Federal law, in Federal court, and if you are convicted of a Federal felony NO state can restore your rights.
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