Legal Question in Criminal Law in Kansas

posession of firearm

My son is 17, he was in a vehicle with another individual and there was a loaded firearm in the backseat. My son and friend got charged with Illegal possession of a firearm. What I need to know is...If the officer touched the gun and put his fingerprints on it, do they still have a case against him? He did not have it in his posession, he did have a bullet in his pocket with no fingerprint on it. He has no criminal record and is not on probation. What do you think his charges will be and what do you believe the outcome will be? Hes a good kid and goes to school.


Asked on 8/29/05, 12:02 am

1 Answer from Attorneys
Brian Leininger Leininger Law Office

Re: posession of firearm

When an illegal item (gun, drugs, open alcohol container) is in a car that has more than one person in it, it is hard to determine who the item belongs to. Oftentimes the police will just charge everyone. However, to be guilty, the government has to prove your son possessed the gun. Your lawyer will want to know who the car belonged to, who the gun is registered to, was it right next to one of the people, questions like that. Did the bullet in your son's pocket fit the gun? If so, it will be harder to convince anyone he did not possess the gun. If you don't have a lawyer already, call Steve Ariagno, 316-265-5511.

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Answered on 8/29/05, 2:21 pm


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