K.S.A. 21-6332 criminalizes the possession of a firearm while under the influence. To get a conviction, the state must provide beyond a reasonable doubt that either:
- 1. The person was in possession of the firearm and unable to safely operate the gun due to being under the influence of drugs and/or alcohol, or
- 2. The person was in possession of the firearm and had a BAC of .08 or greater.
This charge often accompanies a DUI charge. In the typical scenario, a legal firearm is found in the glove compartment or on the actual person who is under a DUI investigation. They end up with both a drunk driving charge and possession of a firearm while under the influence charge.
The possession of a firearm while under the influence is a class A misdemeanor which carries up to one year jail. Additionally, there can be serious civil fines, and your concealed carry license will be revoked for at least one year for the first conviction and 3 years on a second conviction.
Johnson County, Kansas Defense lawyer Jerry Wallentine has handled hundreds of serious misdemeanor and felony charges, including possession of a firearm while under the influence.
During a criminal investigation, law enforcement confiscates the evidence. Therefore, whenever a person is charged with possession of a firearm while under the influence, the police officer takes the firearm. Are you trying to get your gun back? Judges have generally allowed my clients to receive the gun back after they enter a diversion agreement, plea agreement, or are found not guilty or guilty at trial. However, sometimes it requires a motion and a hearing in order to retrieve the firearm back. Furthermore, if the judge grants such a motion, it won't be until after there is a resolution on the case.
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