Monthly Archives: March 2021

What is a weapon offense?

concealed gun

Regarding weapons charges

In 1993, across the country, approximately 2% of all arrests were for weapons offenses. What does weapon offense mean in the state of Kansas? A weapons offense is when a person is found to be in violation of statutes or regulations that are I place to control possession of a deadly weapon.  Ammunition, explosives, firearms, certain knives, and explosives fit the protocol for weapons charges

Being arrested on weapons charges is a serious matter at any level and one that you want to hire a defense attorney immediately. A weapon offense charge could be the possession of the items listed above or they could be cited and arrested for offense deadly weapon. Both are serious and both will leave a person with a criminal record. 

What is illegal possession of a firearm?

American’s Second Amendment right to bear arms is a controversial topic all around the world, and in the state of Kansas, there are advocates and critics like everywhere else. One group praises the firearm laws in Kansas and one group is critical of those same laws. What is right and what is wrong are strong opinions, but the law reads what it reads, and law enforcement must adhere to those laws and make any arrest for weapons charges as they see fitting. 

At this time, in the State of Kansas, if a person is found in possession of the following weapons, they will be arrested and face weapons charges: 

  • Shotguns with barrels shorter than 18 inches
  • Automatic weapons
  • Handgun cartridges loaded with plastic-coated bullets and cores weighing under 60% lead
  • Silencers
  • Spring gun traps

Having any of the above aren’t the only way to find yourself arrested under weapons charges. Other factors that can find a person facing weapons charges are: 

Any minor under the age of 18 years old is not to have possession of a gun with a shorter than 12 inches except under these situations: 

  • Enrolled and attending a gun safety course
  • Legal target shooting at a range
  • Hunting
  • Participating in an organized gun competition
  • In their home with parental or legal guardian knowledge and permission

The following groups of people can face weapons charges if they are found in possession or in ownership of any gun: 

  • Addict or illegal use of control substance
  • Mentally ill 
  • Convicted felons under criminal possession under felon statue within five to ten years

Weapons charges are possible following the gun laws for schools forbid having possession of a firearm on or close to any school grounds that house K through 12 grades with the exception of law enforcement official or a school employee that has permission by school district. 

What is a prohibited weapon?

There are federal laws that can bring weapons charges against a person, and there are state laws that can limit a citizen’s ability to carry or possess specific weapons in specified situations.  A person found to be in possession of any weapon prohibited by state or federal law can be charged with weapons charges. Examples: 

Weapons. Each state will have a list of firearms or other weapons prohibited for citizens to possess in addition to any weapon prohibited by federal law.  Among those weapons typically listed are: 

  • Explosives
  • Gas guns
  • Switchblade knives
  • Exploding projectiles
  • Brass knuckles
  • Short-barreled shotguns
  • Firearms with silencers.

Possession. Whenever a person is found to be carrying a weapon on their person, in their home or vehicle, can face weapons charges, even if the weapon isn’t in their hand or on their body. For weapons charges to ‘stick’ in a court of law, the prosecution must prove the accused had control or sphere of influence over the suspected prohibited weapon.

Exceptions. While specific weapons are prohibited in all states, there are exceptions to these laws. One possible exception is that persons allowed to carry any of these weapons in a certain situation, such as museum display or public exhibition. Or using explosive in a proper manner in a commercial or industrial setting.

Can you get probation for a gun charge?

No, a person with weapons charges will not be eligible for probation in pursuant to the applicable statutes of the State of Kansas.

Can I own a gun while on probation?

This can vary from state to state, and it can depend on what the crime that you’re on probation for or if your probation states you are not allowed to own or possess a firearm. In any weapons charge scenario, owning or possessing a firearm is forbidden. Like any other stipulation of a probation, if you’re caught with possession of a firearm, you’ll be in violation and arrested on those violations and possibly facing weapons charges. 

Can gun charges be dropped?

Weapons charges can be dropped like any other criminal charges before or after the weapons charges have been filed. These weapons charges being dropped will need to be agreed upon by the prosecutor who will recommend to the courts the charges be dismissed.  The court can agree or disagree with that recommendation.  The courts can also drop the charges without the prosecution’s recommendations if they find the case has no validation.

arrested after weapons charges

Weapons Charges: A Serious Offense

If weapons charges are so serious, why would a judge dismiss a case? There could be several reasons a judge would drop a case for weapons charges.  Two reasons could be:

• Proven innocent in a trial;
• A plea bargain in exchange for a lighter sentence;

Prosecutors do not like to be proved wrong, so, while it is possible for a defense attorney to convince the prosecutor to dismiss or drop weapons charges, it is challenging. Some possible causes for the charges to be dropped could be any of the following:

  • Insufficient Evidence 
  • Illegal Evidence
  • Clerical or Procedural Errors

When you need help with your bail situation, Owen's Bonding Co. can help. We offer expert service for weapons charge bail in Wichita, KS. Call 866-830-2663 today.