By TIM CARPENTER
Kansas Reflector
TOPEKA — Attorney General Derek Schmidt endorsed legislation requiring felons prohibited from possessing firearms to be sentenced to prison if found guilty of new violent felonies.
Schmidt said many violent crimes were committed by armed repeat felons who know the most likely consequence of conviction would probation rather than incarceration.
The bill introduced in the House Corrections and Juvenile Justice Committee would mandate felons illegally possessing firearms while committing new violent felonies would be imprisoned for the weapons charge in addition to sanctions for the underlying offense.
If adopted by the Legislature and signed by Gov. Laura Kelly, sentences under the bill would run consecutively with the weapons violation carrying a sentence ranging from seven months to 23 months.
“This proposal focuses on taking off our streets those criminals who repeatedly misuse firearms to commit violent crime in our communities,” Schmidt said. “We are proposing to give this existing statute real bite by requiring that felons who repeatedly and illegally carry firearms while committing new violent crimes be sent to prison, not granted probation.”
Kelly, a Democrat, is seeking re-election and Schmidt is campaigning for the Republican Party’s nomination for governor in August.
Existing Kansas law places a ban ranging from five years to a lifetime on possession of a firearm or knife by individuals convicted of felony crimes. Expungement of that prior felony, under existing statute, doesn’t restore a person’s ability to lawfully possess firearms in the state.
Shawnee County District Attorney Mike Kagay said the overwhelming majority of gun crime in Topeka was perpetrated by felons legally prohibited from possessing firearms.
“This is not an effective deterrent for the offenders, and they simply repeat their behavior,” he said.
Kansas prosecutors have recommended similar reform in the past, but the Legislature declined to approve those changes in law.
Former Secretary of State Kris Kobach, a GOP candidate for attorney general, urged state lawmakers in 2021 to adopt a bill allowing felons who had convictions expunged or pardoned to regain the right to possess a firearm.
A Senate committee conducted a hearing but didn’t act on the measure retaining lifetime bans for people convicted of person felonies with a firearm and the 10-year ban for people convicted of murder, assault, battery, rape and controlled substance crimes even if not in possession of a firearm.