State v. Bolin
| Decision Date | 27 January 1968 |
| Docket Number | No. 44927,44927 |
| Citation | 436 P.2d 978,200 Kan. 369 |
| Parties | The STATE of Kansas, Appellee, v. Bobby Gene BOLIN, Appellant. |
| Court | Kansas Supreme Court |
Syllabus by the Court
1. The provisions of K.S.A. 21-2611, which makes it unlawful for one who has previously been convicted of burglary, to own a pistol or to have or keep a pistol in his possession or under his control, do not violate the constitutional rights of a person falling within the scope of the statute.
2. In an appeal from a conviction under K.S.A. 21-2611, the record is examined and it is held-no error shown.
Arthur H. Snyder, Hutchinson, argued the cause and was on the brief, for appellant.
Richard J. Rome, County Atty., argued the cause and Robert C. Londerholm, Atty. Gen., Raymond F. Berkley, and Patrick L. Dougherty, Asst. County Attys., were with him on the brief, for appellee.
In 1962, defendant Bobby Gene Bolin was convicted in the district court of Reno county of the offense of burglary in the second degree and was sentenced to confinement in the state reformatory. On April 8, 1966 he was granted a full and complete discharge from his sentence and parole. The order of discharge stated that-'all civil rights lost by operation of law upon commitment are hereby restored.'
We have a statute in this state-K.S.A. 21-2611-which, as pertinent to the case now before us reads:
'It shall be unlawful for any person who has previously been convicted in this state or elsewhere of committing * * *, burglary, * * * to own a pistol, or to have or keep a pistol in his possession, or under his control. * * *'
In November 1966 an information was filed in the district court of Reno county which charged that defendant-having previously been convicted in this state of burglary in the second degree-did, on August 3, 1966, own a pistol or have a pistol in his possession or under his control, contrary to K.S.A. 21-2611.
Defendant stood trial and was found guilty by a jury. He appeals from the conviction-and makes two contentions.
It first is contended that defendant-having served his sentence on the burglary conviction and having been discharged from parole and restored to all of his civil rights-is 'singled out' by the statute and is deprived of the inalienable natural rights of every other citizen; that all men are possessed of equal rights among which is the right to bear arms for their defense and security, and that no state shall make or enforce any law which shall abridge the privileges or immunities of any citizen-all as guaranteed by sections 1, 4 and 17 of the Bill of Rights of the Kansas constitution and the second and fourteenth amendments to the Federal constitution. In summation-it is argued that the statute (K.S.A. 21-2611) is unconstitutional and should be so declared by this court-and the defendant be discharged.
A somewhat similar contention was made in Salina v. Blaksley, 72 Kan. 230, 83 P. 619, 3 L.R.A.,N.S., 168, 115 Am.St.Rep. 196, 7 Ann.Cas. 925. There a defendant was convicted in the police court of the city of Salina of carrying a revolving pistol within the city while under the influence of intoxicating liquor. He...
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State v. Mejia
...behavior or otherwise lack the incentive to get professional help in controlling what they cannot on their own. See State v. Bolin , 200 Kan. 369, 370-71, 436 P.2d 978 (1968) (Legislature validly exercises police power in defining particular acts as criminal); Meehan v. Kansas Dept. of Reve......
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State v. Boster
...or to have or keep a pistol in his possession, or under his control. State v. Omo, 199 Kan. 167, 428 P.2d 768 (1967); State v. Bolin, 200 Kan. 369, 436 P.2d 978 (1968). Furthermore, a pistol need not contain a clip in order for it to be There are two recent cases of our Supreme Court which ......
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City of Lyons v. Suttle
...it was specifically said, 'it is within the power of the legislature to define what acts shall constitute crimes.' (State v. Bolin, 200 Kan. 369, 370, 436 P.2d 978.) Powers granted to cities by the Home Rule Amendment to the Kansas Constitution (Art. 12, § 5) preclude municipalities from en......
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Junction City v. Lee, 47580
...the promiscuous carrying of arms or other deadly weapons'. (Syl.) The foregoing principles were cited approvingly in State v. Bolin, 200 Kan. 369, 436 P.2d 978. We adhere to them. (The interested reader may find in Moore v. Shanahan, 207 Kan. 645, 663, 486 P.2d 506, discussion of the manner......