WEAPONS PAGE
Concealed Carry  <>  Open Carry
Knives
LINKS
     AG's Concealed Carry Page
     AG's Non-Kansas Reciprocity Page
Federal Firearms Laws

        18 USC Ch 44     27 CFR Part 478 
Case Law
US vs Pauler 10th Circuit May 23, 2017 Municipal DV Convictions not applicable

US vs Cox/US vs Kettler 10th Circuit Oct 16, 2018 State law cannot preempt Federal firearms law
2016 Gun Bill, HB2502, Passed by Kansas Legislature
Effective July 1, 2016

In the waning hours of the 2016 Kansas Legislature HB2502, the 2016 gun bill, was passed on Sunday, May 1.
      HB2502, as signed by the governor is available at this link.
      The bill summary is available at this link.

Here are the key things directly affecting law enforcement and local government:
  • Local government employers cannot prohibit employees with from carrying concealed while working, including while in a vehicle, and away from their “place of business” unless otherwise prohibited from carrying a concealed firearm by state or federal law. See section 5, subsection (e) of the bill.
  • Clarifies that parts of a building may be closed to possessing a firearm with appropriate security measures and signage in place. See section 6 of the bill.
  • Allows part of a building may be closed to possessing a firearm on a temporary basis. Provides rules for temporary signage for this purpose. An example is a meeting room where the governing body wants to prohibit carrying a firearm during certain meetings. See section 6 of the bill.
  • Allows a “fast pass” permit process for certain persons entering secure public buildings through a restricted access entrance. See section 6 of the bill.
  • “Adequate security measures” will require the presence of armed personnel at the security check point. See section 6, subsection (m)(1) of the bill.
  • Courtrooms: The current requirement for courtrooms, “that other means of security are employed such as armed law enforcement or armed security officers” is stricken and replaced with a new requirement saying “the public area has adequate security measures to ensure that no weapons are permitted to be carried into such public area and the public area is conspicuously posted in accordance with K.S.A. 2015 Supp. 75-7c10.” Remember “adequate security measures” means electronic equipment (wands, etc.) and armed personnel doing the screening at each public entrance to the areas of the building being protected. See section 6, subsection (h) of the bill.
  • Concealed carry licensing for military personnel who are a Kansas resident but stationed elsewhere may apply for the license by mail to the sheriff of the county of their residence. See section 3 and section 4 of the bill.
2016 Legislation
Active bills are in bold.

SB65 clarifies the four year exemptions allowing prohibition of concealed carry in public buildings currently in place expire on July 1, 2017. It also allows portions of public buildings to be designated for concealed carry and portions restricted from concealed carry. Currently law requires those restrictions to be applicable to the entire building or none of the building. The bill also prohibits public employers from restricting or prohibiting through personnel policies any employee legally qualified to conceal carry from carrying a concealed handgun while engaged in employment duties outside the employer’s place of business, including while in a means of conveyance. The senate committee added the provision from SB66 that allows portions of public buildings to be designated for concealed carry and portions restricted from concealed carry. Currently law requires those restrictions to be applicable to the entire building or none of the building.

SB66 would allow portions of public buildings to be designated for concealed carry and portions restricted from concealed carry. Currently law requires those restrictions to be applicable to the entire building or none of the building. The Senate committee placed this provision into SB65.

SB331 would make it unlawful for a person to refuse to provide goods and services, refrain from continuing an existing business relationship or terminating it, or discriminate against a person or trade association because the person is engaged in the lawful commerce of firearms or ammunition products. The bill had a hearing in January but no further action has been taken.

SB355 Proposed prohibiting a person who has been mentally ill and voluntarily admitted for care and treatment from possessing a firearm and prohibiting the sale of a firearm to such person. The bill included reporting such admissions to the KBI and contains a method to have rights restored. Bill has not had a hearing.

SB348 would prohibit carrying of concealed handguns in buildings on the grounds of a post-secondary educational institution. The bill has not had a hearing. Duplicate to HB2526.

SB434 would have increased the penalties for discharging a firearm into a dwelling, building, structure or vehicle the person knew or should have known was occupied. It would make those crimes presumptive imprisonment and add 5 years if the person occupying such place was 14 or older and ten years if under age 14. Requested by Sen. Pettey and Sen. Haley. Bill is dead and did not have a hearing.

SB479 proposes amending the criminal use of weapons statute to include criminal sanctions for possession of a firearm by a person who has a misdemeanor domestic violence conviction, certain active protection from abuse or restraining orders, is in the country illegally, or is a fugitive from justice. Persons with these conditions are currently prohibited under federal law, but there is no state law to charge a person with who is found violating those prohibitions. The bill passed out of the Senate Federal and State Affairs Committee and is on general orders.

HB2452 Prohibits sale of firearm to a person on terrorist watch list. The bill has not had a hearing.

HB2575 establishes requirements and restrictions on carrying a concealed handgun into a public building through a restricted access entrance. No hearing has been held.

HB2440 would allow portions of public buildings to be designated for concealed carry and portions restricted from concealed carry. Currently law requires those restrictions to be applicable to the entire building or none of the building. The House committee recommended the bill favorably on January 28 but the bill remains on House General Orders without further action. This is the same content as now in SB65.

HB2526 would prohibit carrying of concealed handguns in buildings on the grounds of a post-secondary educational institution. The bill has not had a hearing. Duplicate bill to SB348.

HB2538 would reduce the minimum age to be eligible for a license to carry a concealed handgun from 21 to 18 years of age. A hearing was scheduled for Feb. 4 but later cancelled. No further action has taken place.

HB2591 would allow Kansas residents who have completed an approved handgun safety and training course in another jurisdiction to apply for a concealed carry handgun license, provided the course has been determined by the Attorney General to have requirements that are equal to or greater than those required under Kansas law. It would allow active duty military personnel who are Kansas residents but stationed outside of Kansas a process to apply for a Kansas concealed carry permit.

2015 Legislation Summary

I have created three new documents in relation to 2015 legislation on concealed carry and firearms. They are:
     Description of changes made by SB45 and HB2331 by application category.
     Section by section explanation of the changes made in SB45.
     A document containing the state and federal laws prohibiting a person from
            possession a firearm. (Index added 6/16/15)
Also the following documents are available from the legislative website:
SB45 as signed by the governor is available here.
SB45 explanation of the bill written by Legislative Research is available here.
SB45 The bill summary written by Legislative Research is available here.
HB2331 as sent to the governor is available here.
HB2331 explanation of the bill written by Legislative Research is available here.

AG Sets Open Hearing on Proposed Regulations for Concealed/Unconcealed Firearms Signage (Posted 7/21/14)

These are for the proposed permanent regulations. If you want to make a suggestion on changing the temporary regulations already in place, this is your opportunity. You may go in person or submit written comments. The proposed regulations are at this link.

See news release at this link.

IACP Article on Dealing with Open and Concealed Carry (Posted 5/28/14)
An article written by John J. Knoll, Senior Assistant City Attorney, Overland Park, KS. See the Officer Safety Page.
Signs for Posting Buildings Prohibiting Open Carry and Concealed Carry (Posted 7/1/14)
    AG Webpage Describing Signage    PDF Version   
    AG Temporary Regulations   

NOTE: The above regulations are temporary and there is a comment period open until an unannounced date (should be some time in August) for the proposed permanent regulations. Comments may be submitted at this link or to Kansas Attorney General, 120 SW 10th, 2nd Floor, Topeka, KS 66612-1597
Summary of provisions in the final version of HB2578
        See the bill as presented to the governor here.   
       See the conference committee brief here.
       See the legislative research summary of the bill here.
    My summary of HB2578 as signed by the Governor.   
Summary of provisions in the final version of HB2140
        See the bill as presented to the governor here.   
        See the conference committee brief here.   
        See the legislative research summary here.
    My summary of HB2140 as signed by the Governor.
2014 Legislative Briefing Documents (Posted 3/1/14)
    Concealed Carry   
    Uniform State Laws-Knives, Handguns, State Pre-emption, and Unlawful Discharge    

2013 Concealed Carry: Confidentiality of Records (Posted 5/29/13)

The legislature has passed new provisions regarding the confidentiality of concealed carry applicant records. These amendments become law on July 1, 2013.

The amendments are in two bills. SB246, section 18, amends KSA 45-211, the general open records exemption statute. A new subsection (a)(53) is added:

(a)(53) Records of a public agency that would disclose the name, home address, zip code, e-mail address, phone number or cell phone number or other contact information for any person licensed to carry concealed handguns or of any person who enrolled in or completed any weapons training in order to be licensed or has made application for such license under the personal and family protection act, K.S.A. 2012 Supp. 75-7c01 et seq., and amendments thereto, shall not be disclosed unless otherwise required by law. (Emphasis added)

HB2052, section 8, amends KSA 75-7c06, one of the concealed carry statutes, to include designating certain disclosures as a Class A misdemeanor.
 
(b) Except as provided by subsections (c) and (d), records relating to persons issued licenses pursuant to this act, persons applying for licenses pursuant to this act or persons who have had a license denied pursuant to this act shall be confidential and shall not be disclosed pursuant to the Kansas open records act. Any disclosure of a record in violation of this subsection is a class A misdemeanor.
(c)  Records of a person whose license has been suspended or revoked pursuant to this act shall be subject to public inspection in accordance with the open records act.
(d)  The attorney general shall maintain an automated listing of license holders and pertinent information, and such information shall be available at all times to all law enforcement agencies in this state, other states and the District of Columbia when requested for a legitimate law enforcement purpose.

Together, these amendments prohibit (and make it a criminal offense) to release any concealed carry related information outside the criminal justice system, unless specifically authorized by law, that will identify a concealed carry permit holder or a person who has applied for a permit. This applies not only to those involved in the application process, but any person with access of licensing information through KCJIS or through MVD records.

2013 CONCEALED CARRY BILLS

SB21 and HB2052 have been signed by the Governor. Both contain concealed carry provisions.

    See my summary of the concealed carry provisions passed in SB21 and HB2052.