Can a felon own a gun in Kansas?

Kansas prohibits firearm possession for felony convictions for a period of time following conviction or release. For nonperson felonies, gun rights are automatically restored 5 years after conviction or release from imprisonment. For person felonies, rights are restored 10 years after conviction or release.

How can a felon restore gun rights in Kansas?

Automatic upon expiration of the waiting period. No application required.

What is the waiting period for gun rights restoration in Kansas?

5 years for nonperson felonies; 10 years for person felonies. Clock starts from conviction or release from imprisonment, whichever is later.

Are there exceptions to gun rights restoration in Kansas?

Certain drug distribution felonies and crimes committed with a firearm may carry different timelines. Federal prohibition still applies independently.

Can a felon own a gun in Kansas?

It depends on the offense and how much time has passed. Kansas uses a tiered system: less serious nonperson felonies carry a 3-month ban, mid-level offenses carry a 3-year or 8-year ban, and the most serious person felonies carry an indefinite ban. Once the applicable time period expires, gun rights are automatically restored under state law — no application needed. However, federal law (18 USC 922(g)(1)) imposes an independent prohibition that may still apply.

How long do I have to wait to get my gun rights back in Kansas?

It depends on your offense category under KSA 21-6304: 3 months for less serious nonperson felonies, 3 years for certain person and more serious nonperson felonies, 8 years for serious person felonies (e.g., aggravated assault, robbery), and indefinite for the most serious person felonies (murder, rape, kidnapping) and drug trafficking with a firearm. The clock starts from your conviction date or release from imprisonment, whichever is later.

Do I need to file anything to get my gun rights back in Kansas?

No — for time-limited bans, restoration is automatic. When the applicable dispossession period expires, you are no longer prohibited from possessing firearms under Kansas state law. There is no application, petition, or notification required. For indefinite bans, you must either petition the court for expungement or apply for a pardon from the Governor.

What changed with HB 2058 in 2021?

HB 2058 substantially reformed Kansas's felon firearm laws. It reduced dispossession periods from the previous 10-year and 5-year framework to the current tiered system (8 years, 3 years, 3 months). It also created the 3-month category for less serious nonperson felonies and clarified that a pardon or expungement restores firearms rights for all offense categories. The bill was enacted by overriding the Governor's veto.

Can I get my gun rights back for a murder conviction in Kansas?

Murder convictions fall under KSA 21-6304(a)(1), which carries an indefinite dispossession. There is no time-limited automatic restoration. The only pathways to restoration are: (1) expungement of the conviction, or (2) a pardon from the Kansas Governor. Expungement for murder convictions is extremely difficult and subject to long waiting periods. A pardon is also rare for violent offenses.

What is the penalty for a felon possessing a gun during the ban period in Kansas?

Under KSA 21-6304, criminal possession of a firearm by a convicted felon during the dispossession period is a severity level 8 nonperson felony under the Kansas sentencing guidelines. Sentencing depends on the person's criminal history score. Additionally, the person may face federal prosecution under 18 USC 922(g)(1), which carries up to 15 years in federal prison.

Does Kansas's automatic restoration override the federal gun ban?

Not automatically. The federal prohibition under 18 USC 922(g)(1) is independent of state law. However, when Kansas restores all civil rights (which happens automatically upon sentence completion) and the state firearms ban has expired, the federal 'civil rights restored' exception in 18 USC 921(a)(20) may apply — but only if no state law continues to restrict firearms. This is a legally complex area and there is no definitive answer. Consult an attorney.

Is there a new federal process to restore gun rights?

Yes. In March 2025, the DOJ revived the 18 USC 925(c) process, which allows individuals federally prohibited from possessing firearms to petition the Attorney General for relief from the federal firearms disability. This process had been effectively defunded since 1992. The detailed application procedures are still being finalized. This could provide a pathway for Kansas felons to address the federal prohibition independently of state-level restoration.

Felon Gun Rights in Kansas

Automatic restoration

It depends on the offense. Kansas automatically restores firearm rights after a waiting period for most felonies — 3 months for less serious nonperson felonies, 3 years for certain person felonies and serious nonperson felonies, and 8 years for more serious person felonies. No application is needed. However, the most serious person felonies (like murder, rape, and robbery) and drug trafficking involving a firearm carry an indefinite ban requiring a pardon or expungement. Federal law (18 USC 922(g)(1)) also prohibits all felons from possessing firearms. Consult an attorney.

Last updated: 2026-03-21

Overview

Kansas provides automatic restoration of firearm rights after time-limited periods of dispossession that vary by offense type. Under KSA 21-6304 (substantially modified by HB 2058 in 2021), less serious nonperson felonies carry only a 3-month ban, more serious nonperson and some person felonies carry either a 3-year or 8-year ban, and the most serious person felonies and drug trafficking involving a firearm carry an indefinite ban. For offenses with time-limited bans, gun rights are automatically restored when the period expires — no application or petition is required. For indefinite bans, restoration requires a pardon or expungement. Federal law under 18 USC 922(g)(1) imposes an additional, independent prohibition on all felon firearm possession.

Quick Answer

Federal Law — 18 USC 922(g)

Under 18 USC 922(g)(1), all persons convicted of a crime punishable by more than one year of imprisonment are permanently prohibited from possessing firearms or ammunition. Kansas automatically restores civil rights (voting, holding office, jury service) upon completion of sentence, and KSA 21-6304's time-limited firearms bans expire automatically. When Kansas state law no longer prohibits firearms possession and full civil rights have been restored, the federal 'civil rights restored' exception in 18 USC 921(a)(20) may apply to lift the federal ban — but only if no state law continues to restrict firearms. For indefinite bans, an expungement or pardon is needed to address both the state and federal prohibitions. The revived federal 18 USC 925(c) process (as of March 2025) may provide a separate federal pathway for relief.

Can restore gun rights

✓Persons convicted of a less serious nonperson felony — automatic restoration after 3 months from conviction or release from imprisonment
✓Persons convicted of a more serious nonperson felony or lower-level person felony — automatic restoration after 3 years from conviction or release from imprisonment
✓Persons convicted of a serious person felony (e.g., aggravated assault, aggravated battery, criminal threat, aggravated burglary) — automatic restoration after 8 years from conviction or release from imprisonment
✓Persons whose conviction has been expunged — firearms rights are restored immediately for all offense categories
✓Persons who have received a pardon — firearms rights are restored for all offense categories

Cannot restore gun rights

✗Persons convicted of the most serious person felonies (murder, manslaughter, rape, aggravated criminal sodomy, aggravated robbery, kidnapping, aggravated sexual battery) — indefinite ban, no automatic restoration; requires pardon or expungement
✗Persons convicted of drug trafficking involving the use of a firearm — indefinite ban, requires pardon or expungement
✗Persons currently serving their sentence (incarceration, probation, or parole) — prohibited during the applicable dispossession period
✗Persons convicted of misdemeanor domestic violence — prohibited under federal law (18 USC 922(g)(9)) regardless of state restoration
✗Persons subject to an active domestic violence protective order — prohibited under both state and federal law

Step-by-Step Process

Determine your offense category and dispossession period

Identify whether your felony conviction is classified as a person or nonperson felony under Kansas law, and its severity level. Less serious nonperson felonies carry a 3-month ban, more serious nonperson felonies and lower-level person felonies carry a 3-year or 8-year ban, and the most serious person felonies carry an indefinite ban. The classification determines your timeline for automatic restoration. Check your sentencing documents or consult an attorney.

Wait for the dispossession period to expire (time-limited bans)

For offenses with a time-limited ban (3 months, 3 years, or 8 years), the dispossession period is measured from the date of conviction or release from imprisonment, whichever is later. Once the period expires, your firearm rights are automatically restored under Kansas state law. No application, petition, or notification to any agency is required.

For indefinite bans: Seek expungement or a pardon

If your conviction carries an indefinite ban (serious person felonies or drug trafficking with a firearm), your gun rights cannot be automatically restored. You must either: (1) petition the court for expungement of the conviction under KSA 21-6614, if eligible, or (2) apply for a pardon from the Kansas Governor. Expungement eligibility periods vary by offense severity. A pardon or expungement restores firearms rights for all categories under the 2021 HB 2058 amendments.

Obtain a certificate of discharge

Upon completion of your authorized sentence, the Kansas Prisoner Review Board issues a 'certificate of discharge' that restores civil rights lost by operation of law (voting, holding office, jury service). While this does not directly address firearms, it documents the date from which the dispossession clock begins to run. Keep this document as proof of your discharge date.

Address the federal prohibition

Even after your Kansas state-level ban expires, the federal prohibition under 18 USC 922(g)(1) may still apply. When Kansas has restored all your civil rights and no state firearms restriction remains in effect, the federal 'civil rights restored' exception may apply. However, this is a legal gray area — consult an attorney. The revived federal 18 USC 925(c) process may provide an additional pathway for federal relief.

Waiting Period

Varies by offense: 3 months from conviction or release from imprisonment for less serious nonperson felonies; 3 years for more serious nonperson felonies and lower-level person felonies; 8 years for serious person felonies (aggravated assault, aggravated battery, aggravated burglary, criminal threat, robbery, etc.). The clock starts from conviction or release from imprisonment, whichever is later. The most serious person felonies (murder, rape, kidnapping, etc.) and drug trafficking involving a firearm carry an indefinite dispossession with no automatic restoration.

Key Laws

Law	Year	Description
KSA 21-6304 — Criminal Possession of a Firearm by a Convicted Felon	2010 (amended 2021)	Establishes graduated dispossession periods for felon firearm possession: (a)(1) indefinite for the most serious person felonies and drug trafficking with a firearm; (a)(2) 8 years for serious person felonies; (a)(3) 3 years for certain person and nonperson felonies; (a)(4) 3 months for less serious nonperson felonies. Violation is a severity level 8 nonperson felony. Substantially modified by HB 2058 in 2021.
HB 2058 (2021) — Kansas Firearms Dispossession Reform	2021	Substantially modified KSA 21-6304, reducing dispossession periods from the previous 10-year and 5-year framework to the current 8-year, 3-year, and 3-month tiered system. Also clarified that a pardon or expungement restores firearms rights for those under subsections (a)(1), (a)(2), and (a)(4). Enacted by overriding the Governor's veto.
KSA 21-6614 — Expungement of Certain Convictions	2010 (amended through 2023)	Establishes the eligibility and process for expungement of criminal convictions in Kansas. Expungement restores firearms rights under KSA 21-6304 for all offense categories. Waiting periods for expungement eligibility vary: 3 years for most nonperson felonies, 5 years for person felonies, and longer for serious offenses.
KSA 22-3701 et seq. — Pardons	1970 (amended through 2023)	Establishes the Governor's pardon power and the process for applying. A pardon restores firearms rights under KSA 21-6304 for all offense categories, including those with indefinite bans.

Edge Cases

My conviction was for a nonperson drug felony. How long is my ban?

It depends on the severity level of the offense. Less serious nonperson drug felonies (lower severity levels) carry only a 3-month ban under KSA 21-6304(a)(4). More serious nonperson drug felonies may carry a 3-year or 8-year ban under subsections (a)(3) or (a)(2). Drug trafficking involving the use of a firearm carries an indefinite ban under subsection (a)(1). Check your sentencing documents for the severity level and classification, or consult an attorney.

I had my conviction expunged. Are my gun rights restored immediately?

Yes. Under the 2021 HB 2058 amendments, an expungement restores firearms rights for offenses under KSA 21-6304 subsections (a)(1), (a)(2), and (a)(4). This means even a conviction with an indefinite ban can have gun rights restored through expungement. Once the expungement order is entered, you are no longer prohibited from possessing firearms under Kansas state law. However, confirm that the expungement also removes the federal prohibition — consult an attorney.

Does Kansas's constitutional carry law apply to felons who have completed their ban period?

Once your KSA 21-6304 dispossession period has expired, Kansas state law no longer prohibits you from possessing firearms. Kansas enacted permitless (constitutional) carry in 2015, which allows any person legally entitled to possess a firearm to carry concealed without a permit. However, the federal prohibition under 18 USC 922(g)(1) applies independently and may still prohibit you. This is a legal gray area — consult an attorney before carrying.

My felony is from another state. Does the Kansas tiered system apply to me?

Yes. KSA 21-6304 applies to persons convicted of a felony 'under the laws of this state, another state, or of the United States.' The Kansas classification system will attempt to map your out-of-state conviction to the equivalent Kansas offense category to determine your dispossession period. This classification can be complex — consult an attorney to determine which tier applies to your specific conviction.

Can I possess a firearm for home defense during my ban period?

No. There is no home-defense exception under KSA 21-6304. During the applicable dispossession period, you are prohibited from possessing any firearm anywhere in Kansas, including your own home. Violation is a severity level 8 nonperson felony. Unlike some states (such as Texas), Kansas does not provide a home-possession exception for convicted felons during the ban period.

I was adjudicated as a juvenile for a person felony equivalent. Does the ban apply?

Yes. KSA 21-6304 applies to persons who were 'adjudicated as a juvenile offender' for an act that would constitute a person felony or certain drug offenses if committed by an adult. The same tiered dispossession periods apply. However, juvenile records may be eligible for expungement sooner than adult convictions, which would restore firearms rights.

Frequently Asked Questions

Can a felon own a gun in Kansas?: It depends on the offense and how much time has passed. Kansas uses a tiered system: less serious nonperson felonies carry a 3-month ban, mid-level offenses carry a 3-year or 8-year ban, and the most serious person felonies carry an indefinite ban. Once the applicable time period expires, gun rights are automatically restored under state law — no application needed. However, federal law (18 USC 922(g)(1)) imposes an independent prohibition that may still apply.
How long do I have to wait to get my gun rights back in Kansas?: It depends on your offense category under KSA 21-6304: 3 months for less serious nonperson felonies, 3 years for certain person and more serious nonperson felonies, 8 years for serious person felonies (e.g., aggravated assault, robbery), and indefinite for the most serious person felonies (murder, rape, kidnapping) and drug trafficking with a firearm. The clock starts from your conviction date or release from imprisonment, whichever is later.
Do I need to file anything to get my gun rights back in Kansas?: No — for time-limited bans, restoration is automatic. When the applicable dispossession period expires, you are no longer prohibited from possessing firearms under Kansas state law. There is no application, petition, or notification required. For indefinite bans, you must either petition the court for expungement or apply for a pardon from the Governor.
What changed with HB 2058 in 2021?: HB 2058 substantially reformed Kansas's felon firearm laws. It reduced dispossession periods from the previous 10-year and 5-year framework to the current tiered system (8 years, 3 years, 3 months). It also created the 3-month category for less serious nonperson felonies and clarified that a pardon or expungement restores firearms rights for all offense categories. The bill was enacted by overriding the Governor's veto.
Can I get my gun rights back for a murder conviction in Kansas?: Murder convictions fall under KSA 21-6304(a)(1), which carries an indefinite dispossession. There is no time-limited automatic restoration. The only pathways to restoration are: (1) expungement of the conviction, or (2) a pardon from the Kansas Governor. Expungement for murder convictions is extremely difficult and subject to long waiting periods. A pardon is also rare for violent offenses.
What is the penalty for a felon possessing a gun during the ban period in Kansas?: Under KSA 21-6304, criminal possession of a firearm by a convicted felon during the dispossession period is a severity level 8 nonperson felony under the Kansas sentencing guidelines. Sentencing depends on the person's criminal history score. Additionally, the person may face federal prosecution under 18 USC 922(g)(1), which carries up to 15 years in federal prison.
Does Kansas's automatic restoration override the federal gun ban?: Not automatically. The federal prohibition under 18 USC 922(g)(1) is independent of state law. However, when Kansas restores all civil rights (which happens automatically upon sentence completion) and the state firearms ban has expired, the federal 'civil rights restored' exception in 18 USC 921(a)(20) may apply — but only if no state law continues to restrict firearms. This is a legally complex area and there is no definitive answer. Consult an attorney.
Is there a new federal process to restore gun rights?: Yes. In March 2025, the DOJ revived the 18 USC 925(c) process, which allows individuals federally prohibited from possessing firearms to petition the Attorney General for relief from the federal firearms disability. This process had been effectively defunded since 1992. The detailed application procedures are still being finalized. This could provide a pathway for Kansas felons to address the federal prohibition independently of state-level restoration.

Take Action — Direct Links

KSA 21-6304 — Full Statutory Text
Full text of KSA 21-6304, which establishes the tiered system of firearm dispossession periods for convicted felons in Kansas.
CCRC — Kansas Restoration of Rights & Record Relief
Comprehensive guide from the Collateral Consequences Resource Center covering all restoration pathways in Kansas, including automatic restoration, expungement, and pardons.
Kansas Legislature — HB 2058 (2021 Amendments)
Full text and legislative history of HB 2058, which substantially reformed Kansas's felon firearm dispossession laws in 2021.
Roth Davies LLC — Restoration of Gun Rights in Kansas
Legal guide from a Kansas criminal defense firm explaining the tiered system and restoration pathways after the 2021 reforms.
ATF — Kansas Firearms Statutes and Codes
ATF compilation of Kansas firearms statutes and codes, including federal law applicability.
ATF — Federal Firearms Disabilities Relief (18 USC 925(c))
ATF page explaining federal firearms disability relief options under 18 USC 925(c), including the revived DOJ application process.