State v. Dechant

── State v. Dechant ── Court: Court of Appeals of Kansas Date: June 05, 2026 Category: General NOT DESIGNATED FOR PUBLICATION No. 127,909 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. MURDOCK JACOB DECHANT, Appellant. MEMORANDUM OPINION Appeal from Sedgwick District Court; ERIC WILLIAMS, judge. Submitted without oral argument. Opinion filed June 5, 2026. Affirmed. Randal L. Hodgkinson, of Kansas Appellate Defender Office, for appellant. Lance J. Gillett, assistant district attorney, Marc Bennett, district attorney, and Kris W. Kobach, attorney general, for appellee. Before GARDNER, P.J., ARNOLD-BURGER and SCHROEDER, JJ. PER CURIAM: Murdock Jacob Dechant appeals his conviction of criminal possession of a firearm. He contends that the Kansas criminal possession of a firearm statute violates the Second Amendment to the United States Constitution and section 4 of the Kansas Constitution Bill of Rights. He also asserts that the district court abused its discretion by admitting a photograph of him with a firearm because the State failed to lay proper foundation for it. After careful review, we affirm. 1  FACTS AND PROCEDURAL BACKGROUND In mid-January 2023, Dechant was on parole, which he had been granted in a separate case. He informed his parole officer, Emily Underwood, that he was in a relationship with Kaley James and asked for permission to move in with James, as permission to move was a condition of his parole. Another condition of Dechant's parole (and his prior convictions) prohibited him from possessing a firearm. After Dechant made that request, Underwood received an email from staff at El Dorado Correctional Facility. That email included a photo showing Dechant with what looked to be a firearm in his waistband. The photo also showed a female, believed to be James. This photo had been emailed to another inmate at the prison, and the prison intercepted it. Underwood testified that she was familiar with the prison's policy of intercepting and reviewing emails sent to inmates and that she recognized Dechant in the photo. Other than that, she did not know much about the photo. Soon thereafter, Dechant informed Underwood that he had moved in with James. Underwood spoke with Dechant and James to confirm the address and James' information. Then, because of the photograph, Underwood requested a search of Dechant's new residence. Dechant consented to the search, in keeping with another condition of his parole. Dechant went with officers to James' and his residence, and James let the officers in. The officers cleared the residence then had Dechant and James sit on the front porch while they searched the residence. One officer opened an unzipped flap of a black duffel bag that was on the couch. The duffel bag was next to a black backpack and a blue draw- string bag. Just under the closure flap of the duffel, an officer found a firearm. 2  The officers then exited the residence, got a search warrant, and arrested Dechant. Dechant and James claimed they knew nothing about any firearms in the residence. While executing the search warrant, the officers photographed and collected the firearm found in the duffel. One officer testified that it was a "distinct" firearm with black grips and areas of green on its frame. The firearm was identified as a German Sports Gun brand .22 caliber semiautomatic pistol. Officers searched the duffel and found men's toiletries, men's clothing, and a four-pack of silicone men's rings, one of which was missing.