Help us help us keep you informed about any challenge to your second amendment rights by making a small donation or becoming a supporting member. Even a small $5.00 donation helps us keep you up to date on your rights and informed on all firearm related information. We can't do it without your support!

toggle menu

Kansas Gun Laws

last updated: March 8, 2017

Gun laws are posted here as a courtesy only and are updated as often as possible. Please check with the actual state website for any additions / revisions to law that may have been made. Up to date information can be found at http://kslegislature.org/li/b2017_18/statute/.

Kansas Constitution Bill of Rights 4

The people have the right to bear arms for their defense and security; but standing armies, in time of peace, are dangerous to liberty, and shall not be tolerated, and the military shall be in strict subordination to the civil power.

CHAPTER 12 - CITIES AND MUNICIPALITIES

ARTICLE 16 - Miscellaneous Provisions

§12-16,115 - Imitation firearms; civil penalty for sale, manufacture or distribution
  1. Any person who sells, manufactures or distributes an imitation firearm in violation of this section shall be liable for a civil penalty in an action brought by the city attorney of the city or the county or district attorney of the county of not more than $10,000 for each violation. Penalties recovered pursuant to this section shall be deposited in the general fund of the city or county.
  2. The sale, manufacture or distribution of imitation firearms shall be permissible if the imitation firearm is sold, manufactured or distributed:
    1. Solely for export in interstate or foreign commerce;
    2. Solely for lawful use in theatrical productions, including motion picture, television and stage productions;
    3. For use in a certified or regulated athletic event or competition;
    4. For use in military or civil defense activities; or
    5. For public displays authorized by public or private schools.
  3. As used in this section, the term "imitation firearm" means a replica of a firearm which is so substantially similar in physical properties to an existing firearm as to lead a reasonable person to conclude that the replica is a firearm. The term "imitation firearm" does not include:
    1. A nonfiring collector's replica of an antique firearm which was designed prior to 1898, is historically significant, and is offered for sale in conjunction with a wall plaque or presentation case;
    2. a nonfiring collector's replica of a firearm which was designed after 1898, is historically significant, was issued as a commemorative by a nonprofit organization and is offered for sale in conjunction with a wall plaque or presentation case; or
    3. a pneumatic, spring, spring-air or compressed-gas powered nonpowder gun that is commonly called an air gun and is designed to discharge BB's, pellets or paint balls.

History: L. 1990, ch. 96, §1; July 1.

§12-16,124 - (2015) Firearms and ammunition; regulation by city or county, limitations
  1. No city or county shall adopt any ordinance, resolution or regulation, and no agent of any city or county shall take any administrative action, governing the requirement of fees, licenses or permits for, the commerce in or the sale, purchase, transfer, ownership, storage, carrying or transporting or taxation of firearms or ammunition, or any component or combination thereof.
  2. Any ordinance, resolution or regulation prohibited by subsection (a) that was adopted prior to July 1, 2015, shall be null and void.
  3. Nothing in this section shall:
    1. Prohibit a city or county from adopting and enforcing any ordinance, resolution or regulation relating to the personnel policies of such city or county and the carrying of firearms by employees of such city or county, except that any such ordinance, resolution or regulation shall comply with the provisions of K.S.A. 2013 Supp. 75-7c01 et seq., and amendments thereto;
    2. Prohibit a city or county from adopting any ordinance, resolution or regulation pursuant to K.S.A. 2013 Supp. 75-7c20, and amendments thereto; or
    3. Prohibit a law enforcement officer, as defined in K.S.A. 22-2202, and amendments thereto, from acting within the scope of such officer's duties;
    4. rohibit a city or county from levying and collecting any retailers' sales tax on the sale of firearms, ammunition or any component or combination thereof as authorized by K.S.A. 12-189, and amendments thereto

History: L. 2005, ch. 141, §10; L. 2007, ch. 166, §1; May 3; L. 2013, ch. 36, § 1; July 1; L. 2014, HB2578, § 7; L. 2015, HB2331, § 1.

§12-16,124a - (2014) Same; limitation on liability of municipality
  1. No municipality shall be liable for any wrongful act or omission relating to the actions of any person carrying a firearm, including employees of such municipality, concerning acts or omissions regarding such firearm.
  2. For purposes of this section, the term "municipality'' has the same meaning as that term is defined in K.S.A. 75-6102, and amendments thereto.
  3. The provisions of this section shall not apply to municipal employees who are required to carry a firearm as a condition of their employment

History: L. 2014, ch. 97, § 4, L. 2014, ch. 134, § 6; July 1.

§12-16,124b - (2014) Same; prohibiting use of tax proceeds for firearms buyback programs
  1. No city or county shall expend any funds derived from the proceeds of any tax levied by such city or county or any political subdivision thereof, for the purpose of implementing, administering or otherwise operating a firearms buyback program.
  2. For purposes of this section:
    1. "Firearm'' shall have the same meaning as that term is defined in K.S.A. 2013 Supp. 21-5111, and amendments thereto.
    2. "Firearms buyback program'' means any program wherein individuals are offered the opportunity to gift, sell or otherwise transfer ownership of such individual's firearm to a city or county.

History: L. 2014, ch. 97, § 2; July 1.

§12-16,134 - (2014) Knives and knife making components; regulation by municipality, limitations
  1. A municipality shall not enact or enforce any ordinance, resolution, regulation or tax relating to the transportation, possession, carrying, sale, transfer, purchase, gift, devise, licensing, registration or use of a knife or knife making components.
  2. A municipality shall not enact or enforce any ordinance, resolution or regulation relating to the manufacture of a knife that is more restrictive than any such ordinance, resolution or regulation relating to the manufacture of any other commercial goods.
  3. Any ordinance, resolution or regulation prohibited by either subsection (a) or (b) that was adopted prior to July 1, 2014, shall be null and void.
  4. No action shall be commenced or prosecuted against any individual for a violation of any ordinance, resolution or regulation that is prohibited by either subsection (a) or (b) and which was adopted prior to July 1, 2014, if such violation occurred on or after July 1, 2013.
  5. As used in this section:
    1. "Knife" means a cutting instrument and includes a sharpened or pointed blade.
    2. "Municipality" has the same meaning as defined in K.S.A. 75-6102, and amendments thereto, but shall not include unifiedschool districts, jails as defined in K.S.A. 38-2302, and amendments thereto, or juvenile correctional facilities as defined in K.S.A. 38-2302, and amendments thereto.

History: L. 2013, ch. 88, § 1; July 1; L. 2014, HB2578, § 8.

ARTICLE 45 - Code For Municipal Courts; Trials And Proceedings Incident Thereto

§12-4516 - (2014) Expungement of certain convictions, arrest records and diversion agreements
    1. Except as provided in subsections (b), (c), (d), (e) and (f), any person who has been convicted of a violation of a city ordinance of this state may petition the convicting court for the expungement of such conviction and related arrest records if three or more years have elapsed since the person:
      1. Satisfied the sentence imposed; or
      2. was discharged from probation, parole or a suspended sentence.
    2. Except as provided in subsections (b), (c), (d), (e) and (f), any person who has fulfilled the terms of a diversion agreement based on a violation of a city ordinance of this state may petition the court for the expungement of such diversion agreement and related arrest records if three or more years have elapsed since the terms of the diversion agreement were fulfilled.
  1. Any person convicted of a violation of any ordinance that is prohibited by either subsection (a) or (b) of K.S.A. 2013 Supp. 12-16,134, and amendments thereto, and which was adopted prior to July 1, 2014, or who entered into a diversion agreement in lieu of further criminal proceedings for such violation, may petition the convicting court for the expungement of such conviction or diversion agreement and related arrest records.
  2. Any person convicted of the violation of a city ordinance which would also constitute a violation of K.S.A. 21-3512, prior to its repeal, or a violation of K.S.A. 2013 Supp. 21-6419, and amendments thereto, or who entered into a diversion agreement in lieu of further criminal proceedings for such violation, may petition the convicting court for the expungement of such conviction or diversion agreement and related arrest records if:
    1. One or more years have elapsed since the person satisfied the sentence imposed or the terms of a diversion agreement or was discharged from probation, parole, conditional release or a suspended sentence; and
    2. such person can prove they were acting under coercion caused by the act of another. For purposes of this subsection, "coercion" means: Threats of harm or physical restraint against any person; a scheme, plan or pattern intended to cause a person to believe that failure to perform an act would result in bodily harm or physical restraint against any person; or the abuse or threatened abuse of the legal process.
  3. No person may petition for expungement until five or more years have elapsed since the person satisfied the sentence imposed or the terms of a diversion agreement or was discharged from probation, parole, conditional release or a suspended sentence, if such person was convicted of the violation of a city ordinance which would also constitute:
    1. Vehicular homicide, as defined by K.S.A. 21-3405, prior to its repeal, or K.S.A. 2013 Supp. 21-5406, and amendments thereto;
    2. driving while the privilege to operate a motor vehicle on the public highways of this state has been canceled, suspended or revoked, as prohibited by K.S.A. 8-262, and amendments thereto;
    3. perjury resulting from a violation of K.S.A. 8-261a, and amendments thereto;
    4. a violation of the provisions of the fifth clause of K.S.A. 8-142, and amendments thereto, relating to fraudulent applications;
    5. any crime punishable as a felony wherein a motor vehicle was used in the perpetration of such crime;
    6. failing to stop at the scene of an accident and perform the duties required by K.S.A. 8-1602, 8-1603, prior to its repeal, or 8-1604, and amendments thereto;
    7. a violation of the provisions of K.S.A. 40-3104, and amendments thereto, relating to motor vehicle liability insurance coverage; or
    8. a violation of K.S.A. 21-3405b, prior to its repeal.
  4. No person may petition for expungement until 10 or more years have elapsed since the person satisfied the sentence imposed or the terms of a diversion agreement or was discharged from probation, parole, conditional release or a suspended sentence, if such person was convicted of the violation of a city ordinance which would also constitute a violation of K.S.A. 8-1567, and amendments thereto.
  5. There shall be no expungement of convictions or diversions for a violation of a city ordinance which would also constitute a violation of K.S.A. 8-2,144, and amendments thereto.
    1. When a petition for expungement is filed, the court shall set a date for a hearing of such petition and shall cause notice of such hearing to be given to the prosecuting attorney and the arresting law enforcement agency. The petition shall state the:
      1. Defendant's full name;
      2. full name of the defendant at the time of arrest, conviction or diversion, if different than the defendant's current name;
      3. defendant's sex, race and date of birth;
      4. crime for which the defendant was arrested, convicted or diverted;
      5. date of the defendant's arrest, conviction or diversion; and
      6. identity of the convicting court, arresting law enforcement agency or diverting authority.
    2. A municipal court may prescribe a fee to be charged as costs for a person petitioning for an order of expungement pursuant to this section.
    3. Any person who may have relevant information about the petitioner may testify at the hearing. The court may inquire into the background of the petitioner and shall have access to any reports or records relating to the petitioner that are on file with the secretary of corrections or the prisoner review board.
  6. At the hearing on the petition, the court shall order the petitioner's arrest record, conviction or diversion expunged if the court finds that:
    1. The petitioner has not been convicted of a felony in the past two years and no proceeding involving any such crime is presently pending or being instituted against the petitioner;
    2. the circumstances and behavior of the petitioner warrant the expungement; and
    3. the expungement is consistent with the public welfare.
  7. When the court has ordered an arrest record, conviction or diversion expunged, the order of expungement shall state the information required to be contained in the petition. The clerk of the court shall send a certified copy of the order of expungement to the Kansas bureau of investigation which shall notify the federal bureau of investigation, the secretary of corrections and any other criminal justice agency which may have a record of the arrest, conviction or diversion. After the order of expungement is entered, the petitioner shall be treated as not having been arrested, convicted or diverted of the crime, except that:
    1. Upon conviction for any subsequent crime, the conviction that was expunged may be considered as a prior conviction in determining the sentence to be imposed;
    2. the petitioner shall disclose that the arrest, conviction or diversion occurred if asked about previous arrests, convictions or diversions:
      1. In any application for employment as a detective with a private detective agency, as defined by K.S.A. 75-7b01, and amendments thereto; as security personnel with a private patrol operator, as defined by K.S.A. 75-7b01, and amendments thereto; or with an institution, as defined in K.S.A. 76-12a01, and amendments thereto, of the department for children and families;
      2. in any application for admission, or for an order of reinstatement, to the practice of law in this state;
      3. to aid in determining the petitioner's qualifications for employment with the Kansas lottery or for work in sensitive areas within the Kansas lottery as deemed appropriate by the executive director of the Kansas lottery;
      4. to aid in determining the petitioner's qualifications for executive director of the Kansas racing and gaming commission, for employment with the commission or for work in sensitive areas in parimutuel racing as deemed appropriate by the executive director of the commission, or to aid in determining qualifications for licensure or renewal of licensure by the commission;
      5. to aid in determining the petitioner's qualifications for the following under the Kansas expanded lottery act:
        1. Lottery gaming facility manager or prospective manager, racetrack gaming facility manager or prospective manager, licensee or certificate holder; or
        2. an officer, director, employee, owner, agent or contractor thereof;
      6. upon application for a commercial driver's license under K.S.A. 8-2,125 through 8-2,142, and amendments thereto;
      7. to aid in determining the petitioner's qualifications to be an employee of the state gaming agency;
      8. to aid in determining the petitioner's qualifications to be an employee of a tribal gaming commission or to hold a license issued pursuant to a tribal-state gaming compact;
      9. in any application for registration as a broker-dealer, agent, investment adviser or investment adviser representative all as defined in K.S.A. 17-12a102, and amendments thereto;
      10. in any application for employment as a law enforcement officer, as defined in K.S.A. 22-2202 or 74-5602, and amendments thereto; or
      11. for applications received on and after July 1, 2006, to aid in determining the petitioner's qualifications for a license to carry a concealed weapon pursuant to the personal and family protection act, K.S.A. 2013 Supp. 75-7c01 et seq., and amendments thereto;
    3. the court, in the order of expungement, may specify other circumstances under which the arrest, conviction or diversion is to be disclosed; and
    4. the conviction may be disclosed in a subsequent prosecution for an offense which requires as an element of such offense a prior conviction of the type expunged.
  8. Whenever a person is convicted of an ordinance violation, pleads guilty and pays a fine for such a violation, is placed on parole or probation or is granted a suspended sentence for such a violation, the person shall be informed of the ability to expunge the arrest records or conviction. Whenever a person enters into a diversion agreement, the person shall be informed of the ability to expunge the diversion.
  9. Subject to the disclosures required pursuant to subsection (g), in any application for employment, license or other civil right or privilege, or any appearance as a witness, a person whose arrest records, conviction or diversion of an offense has been expunged under this statute may state that such person has never been arrested, convicted or diverted of such offense.
  10. Whenever the record of any arrest, conviction or diversion has been expunged under the provisions of this section or under the provisions of any other existing or former statute, the custodian of the records of arrest, conviction, diversion and incarceration relating to that crime shall not disclose the existence of such records, except when requested by:
    1. The person whose record was expunged;
    2. a private detective agency or a private patrol operator, and the request is accompanied by a statement that the request is being made in conjunction with an application for employment with such agency or operator by the person whose record has been expunged;
    3. a court, upon a showing of a subsequent conviction of the person whose record has been expunged;
    4. the secretary of the department for children and families, or a designee of the secretary, for the purpose of obtaining information relating to employment in an institution, as defined in K.S.A. 76-12a01, and amendments thereto, of the department for children and families of any person whose record has been expunged;
    5. a person entitled to such information pursuant to the terms of the expungement order;
    6. a prosecuting attorney, and such request is accompanied by a statement that the request is being made in conjunction with a prosecution of an offense that requires a prior conviction as one of the elements of such offense;
    7. the supreme court, the clerk or disciplinary administrator thereof, the state board for admission of attorneys or the state board for discipline of attorneys, and the request is accompanied by a statement that the request is being made in conjunction with an application for admission, or for an order of reinstatement, to the practice of law in this state by the person whose record has been expunged;
    8. the Kansas lottery, and the request is accompanied by a statement that the request is being made to aid in determining qualifications for employment with the Kansas lottery or for work in sensitive areas within the Kansas lottery as deemed appropriate by the executive director of the Kansas lottery;
    9. the governor or the Kansas racing and gaming commission, or a designee of the commission, and the request is accompanied by a statement that the request is being made to aid in determining qualifications for executive director of the commission, for employment with the commission, for work in sensitive areas in parimutuel racing as deemed appropriate by the executive director of the commission or for licensure, renewal of licensure or continued licensure by the commission;
    10. the Kansas racing and gaming commission, or a designee of the commission, and the request is accompanied by a statement that the request is being made to aid in determining qualifications of the following under the Kansas expanded lottery act:
      1. Lottery gaming facility managers and prospective managers, racetrack gaming facility managers and prospective managers, licensees and certificate holders; and
      2. their officers, directors, employees, owners, agents and contractors;
    11. the state gaming agency, and the request is accompanied by a statement that the request is being made to aid in determining qualifications:
      1. To be an employee of the state gaming agency; or
      2. to be an employee of a tribal gaming commission or to hold a license issued pursuant to a tribal-state gaming compact;
    12. the Kansas securities commissioner, or a designee of the commissioner, and the request is accompanied by a statement that the request is being made in conjunction with an application for registration as a broker-dealer, agent, investment adviser or investment adviser representative by such agency and the application was submitted by the person whose record has been expunged;
    13. the attorney general, and the request is accompanied by a statement that the request is being made to aid in determining qualifications for a license to carry a concealed weapon pursuant to the personal and family protection act;
    14. the Kansas sentencing commission;
    15. the Kansas commission on peace officers' standards and training and the request is accompanied by a statement that the request is being made to aid in determining certification eligibility as a law enforcement officer pursuant to K.S.A. 74-5601 et seq., and amendments thereto; or
    16. a law enforcement agency and the request is accompanied by a statement that the request is being made to aid in determining eligibility for employment as a law enforcement officer as defined by K.S.A. 22-2202, and amendments thereto.

History: L. 1978, ch. 120, § 27; L. 1980, ch. 102, § 1; L. 1981, ch. 158, § 1; L. 1982, ch. 139, § 1; L. 1985, ch. 48, § 13; L. 1985, ch. 78, § 5; L. 1987, ch. 292, § 22; L. 1988, ch. 315, § 1; L. 1989, ch. 38, § 45; L. 1995, ch. 251, § 9; L. 1996, ch. 256, § 10; L. 1998, ch. 131, § 4; L. 2004, ch. 154, § 55; L. 2006, ch. 32, § 19; L. 2006, ch. 171, § 1; L. 2007, ch. 110, § 56; L. 2008, ch. 162, § 1; L. 2011, ch. 105, § 24; L. 2012, ch. 16, § 1; L. 2013, ch. 120, § 10; July 1; L. 2014, HB2578, § 9.

§12-4516a - (2014) Expungement of city ordinance violations; disclosure limited upon filing of petition
  1. Any person who has been arrested on a violation of a city ordinance of this state may petition the court for the expungement of such arrest record.
  2. When a petition for expungement is filed, the court shall set a date for hearing on such petition and shall cause notice of such hearing to be given to the prosecuting attorney and the arresting law enforcement agency. When a petition for expungement is filed, the official court file shall be separated from the other records of the court, and shall be disclosed only to a judge of the court and members of the staff of the court designated by a judge of the district court, the prosecuting attorney, the arresting law enforcement agency, or any other person when authorized by a court order, subject to any conditions imposed by the order. The petition shall state:
    1. The petitioner's full name;
    2. the full name of the petitioner at the time of arrest, if different than the petitioner's current name;
    3. the petitioner's sex, race and date of birth;
    4. the crime for which the petitioner was arrested;
    5. the date of the petitioner's arrest; and
    6. the identity of the arresting law enforcement agency.
    A municipal court may prescribe a fee to be charged as costs for a person petitioning for an order of expungement pursuant to this section, except that no fee shall be charged to a person who was arrested as a result of being a victim of identity theft under K.S.A. 21-4018, prior to its repeal, or K.S.A. 2014 Supp. 21-6107, and amendments thereto. Any person who may have relevant information about the petitioner may testify at the hearing. The court may inquire into the background of the petitioner.
  3. At the hearing on a petition for expungement, the court shall order the arrest record and subsequent court proceedings, if any, expunged upon finding:
    1. The arrest occurred because of mistaken identity;
    2. a court has found that there was no probable cause for the arrest;
    3. the petitioner was found not guilty in court proceedings;
    4. the arrest was for a violation of any ordinance that is prohibited by either subsection (a) or (b) of K.S.A. 2014 Supp. 12-16,134, and amendments thereto, and which was adopted prior to July 1, 2014; or
    5. the expungement would be in the best interests of justice and (A) charges have been dismissed; or (B) no charges have been or are likely to be filed.
  4. When the court has ordered expungement of an arrest record and subsequent court proceedings, if any, the order shall state the information required to be stated in the petition and shall state the grounds for expungement under subsection (c). The clerk of the court shall send a certified copy of the order to the Kansas bureau of investigation which shall notify the federal bureau of investigation, the secretary of corrections and any other criminal justice agency which may have a record of the arrest. If an order of expungement is entered, the petitioner shall be treated as not having been arrested.
  5. If the ground for expungement is as provided in subsection (c)(5), the court shall determine whether, in the interest of public welfare, the records should be available for any of the following purposes:
    1. In any application for employment as a detective with a private detective agency, as defined by K.S.A. 75-7b01, and amendments thereto; as security personnel with a private patrol operator, as defined by K.S.A. 75-7b01, and amendments thereto; or with an institution, as defined in K.S.A. 76-12a01, and amendments thereto, of the department of social and rehabilitation services;
    2. in any application for admission, or for an order of reinstatement, to the practice of law in this state;
    3. to aid in determining the petitioner's qualifications for employment with the Kansas lottery or for work in sensitive areas within the Kansas lottery as deemed appropriate by the executive director of the Kansas lottery;
    4. to aid in determining the petitioner's qualifications for executive director of the Kansas racing commission, for employment with the commission or for work in sensitive areas in parimutuel racing as deemed appropriate by the executive director of the commission, or to aid in determining qualifications for licensure or renewal of licensure by the commission;
    5. in any application for a commercial driver's license under K.S.A. 8-2,125 through 8-2,142, and amendments thereto;
    6. to aid in determining the petitioner's qualifications to be an employee of the state gaming agency;
    7. to aid in determining the petitioner's qualifications to be an employee of a tribal gaming commission or to hold a license issued pursuant to a tribal-state gaming compact; or
    8. in any other circumstances which the court deems appropriate.
  6. The court shall make all expunged records and related information in such court's possession, created prior to, on and after July 1, 2011, available to the Kansas bureau of investigation for the purposes of:
    1. Completing a person's criminal history record information within the central repository in accordance with K.S.A. 22-4701 et seq., and amendments thereto; or
    2. providing information or documentation to the federal bureau of investigation, in connection with the national instant criminal background check system, to determine a person's qualification to possess a firearm.
  7. Subject to any disclosures required under subsection (e), in any application for employment, license or other civil right or privilege, or any appearance as a witness, a person whose arrest records have been expunged as provided in this section may state that such person has never been arrested.
  8. Whenever a petitioner's arrest records have been expunged as provided in this section, the custodian of the records of arrest, incarceration due to arrest or court proceedings related to the arrest, shall not disclose the arrest or any information related to the arrest, except as directed by the order of expungement or when requested by the person whose arrest record was expunged.

History: L. 1998, ch. 131, § 2; L. 2001, ch. 69, § 1; L. 2006, ch. 149, § 5; L. 2011, ch. 30. § 103; L. 2011, ch. 100, § 3; July 1; L. 2014, HB2578, § 10.

CHAPTER 21 - CRIMES AND PUNISHMENTS

ARTICLE 51 - Preliminary

§21-5111 - Definitions

The following definitions shall apply when the words and phrases defined are used in this code, except when a particular context clearly requires a different meaning.

  1. "Act" includes a failure or omission to take action.
  2. "Another" means a person or persons as defined in this code other than the person whose act is claimed to be criminal.
  3. "Conduct" means an act or a series of acts, and the accompanying mental state.
  4. "Conviction" includes a judgment of guilt entered upon a plea of guilty.
  5. "Deception" means knowingly creating or reinforcing a false impression, including false impressions as to law, value, intention or other state of mind. Deception as to a person's intention to perform a promise shall not be inferred from the fact alone that such person did not subsequently perform the promise. Falsity as to matters having no pecuniary significance, or puffing by statements unlikely to deceive reasonable persons, is not deception.
  6. "Deprive permanently" means to:
    1. Take from the owner the possession, use or benefit of property, without an intent to restore the same;
    2. Retain property without intent to restore the same or with intent to restore it to the owner only if the owner purchases or leases it back, or pays a reward or other compensation for its return; or
    3. Sell, give, pledge or otherwise dispose of any interest in property or subject it to the claim of a person other than the owner.
  7. "Distribute" means the actual or constructive transfer from one person to another of some item whether or not there is an agency relationship. "Distribute" includes, but is not limited to, sale, offer for sale, furnishing, buying for, delivering, giving, or any act that causes or is intended to cause some item to be transferred from one person to another. "Distribute" does not include acts of administering, dispensing or prescribing a controlled substance as authorized by the pharmacy act of the state of Kansas, the uniform controlled substances act, or otherwise authorized by law.
  8. "DNA" means deoxyribonucleic acid.
  9. "Domestic violence" means an act or threatened act of violence against a person with whom the offender is involved or has been involved in a dating relationship, or an act or threatened act of violence against a family or household member by a family or household member. Domestic violence also includes any other crime committed against a person or against property, or any municipal ordinance violation against a person or against property, when directed against a person with whom the offender is involved or has been involved in a dating relationship or when directed against a family or household member by a family or household member. For the purposes of this definition:
    1. "Dating relationship" means a social relationship of a romantic nature. In addition to any other factors the court deems relevant, the trier of fact may consider the following when making a determination of whether a relationship exists or existed: Nature of the relationship, length of time the relationship existed, frequency of interaction between the parties and time since termination of the relationship, if applicable.
    2. "Family or household member" means persons 18 years of age or older who are spouses, former spouses, parents or stepparents and children or stepchildren, and persons who are presently residing together or have resided together in the past, and persons who have a child in common regardless of whether they have been married or have lived together at any time. Family or household member also includes a man and woman if the woman is pregnant and the man is alleged to be the father, regardless of whether they have been married or have lived together at any time.
  10. "Domestic violence offense" means any crime committed whereby the underlying factual basis includes an act of domestic violence.
  11. "Dwelling" means a building or portion thereof, a tent, a vehicle or other enclosed space which is used or intended for use as a human habitation, home or residence.
  12. "Expungement" means the sealing of records such that the records are unavailable except to the petitioner and criminal justice agencies as provided by K.S.A. 22-4701 et seq., and amendments thereto, and except as provided in this act.
  13. "Firearm" means any weapon designed or having the capacity to propel a projectile by force of an explosion or combustion.
  14. "Forcible felony" includes any treason, murder, voluntary manslaughter, rape, robbery, burglary, arson, kidnapping, aggravated battery, aggravated sodomy and any other felony which involves the use or threat of physical force or violence against any person.
  15. "Intent to defraud" means an intention to deceive another person, and to induce such other person, in reliance upon such deception, to assume, create, transfer, alter or terminate a right, obligation or power with reference to property.
  16. "Law enforcement officer" means:
    1. Any person who by virtue of such person's office or public employment is vested by law with a duty to maintain public order or to make arrests for crimes, whether that duty extends to all crimes or is limited to specific crimes;
    2. Any officer of the Kansas department of corrections or, for the purposes of K.S.A. 2014 Supp. 21-5412 and subsection (d) of K.S.A. 2014 Supp. 21-5413, and amendments thereto, any employee of the Kansas department of corrections; or
    3. Any university police officer or campus police officer, as defined in K.S.A. 22-2401a, and amendments thereto.
  17. "Obtain" means to bring about a transfer of interest in or possession of property, whether to the offender or to another.
  18. "Obtains or exerts control" over property includes, but is not limited to, the taking, carrying away, sale, conveyance, transfer of title to, interest in, or possession of property.
  19. "Owner" means a person who has any interest in property.
  20. "Person" means an individual, public or private corporation, government, partnership, or unincorporated association.
  21. "Personal property" means goods, chattels, effects, evidences of rights in action and all written instruments by which any pecuniary obligation, or any right or title to property real or personal, shall be created, acknowledged, assigned, transferred, increased, defeated, discharged, or dismissed.
  22. "Possession" means having joint or exclusive control over an item with knowledge of or intent to have such control or knowingly keeping some item in a place where the person has some measure of access and right of control.
  23. "Property" means anything of value, tangible or intangible, real or personal.
  24. "Prosecution" means all legal proceedings by which a person's liability for a crime is determined.
  25. "Prosecutor" means the same as prosecuting attorney in K.S.A. 22-2202, and amendments thereto.
  26. "Public employee" is a person employed by or acting for the state or by or for a county, municipality or other subdivision or governmental instrumentality of the state for the purpose of exercising their respective powers and performing their respective duties, and who is not a "public officer."
  1. aa. "Public officer" includes the following, whether elected or appointed:
    1. An executive or administrative officer of the state, or a county, municipality or other subdivision or governmental instrumentality of or within the state;
    2. A member of the legislature or of a governing board of a county, municipality, or other subdivision of or within the state;
    3. A judicial officer, which shall include a judge of the district court, juror, master or any other person appointed by a judge or court to hear or determine a cause or controversy;
    4. A hearing officer, which shall include any person authorized by law or private agreement, to hear or determine a cause or controversy and who is not a judicial officer;
    5. A law enforcement officer; and
    6. Any other person exercising the functions of a public officer under color of right.
  2. bb. "Real property" or "real estate" means every estate, interest, and right in lands, tenements and hereditaments.
  3. cc. "Solicit" or "solicitation" means to command, authorize, urge, incite, request or advise another to commit a crime.
  4. dd. "State" or "this state" means the state of Kansas and all land and water in respect to which the state of Kansas has either exclusive or concurrent jurisdiction, and the air space above such land and water. "Other state" means any state or territory of the United States, the District of Columbia and the Commonwealth of Puerto Rico.
  5. ee. "Stolen property" means property over which control has been obtained by theft.
  6. ff. "Threat" means a communicated intent to inflict physical or other harm on any person or on property.
  7. gg. "Written instrument" means any paper, document or other instrument containing written or printed matter or the equivalent thereof, used for purposes of reciting, embodying, conveying or recording information, and any money, token, stamp, seal, badge, trademark, or other evidence or symbol of value, right, privilege or identification, which is capable of being used to the advantage or disadvantage of some person.

History: L.2010, ch.136, §11; L. 2011, ch. 30, §6; July 1.

ARTICLE 52 - Principles Of Criminal Liability

§21-5220 - Use of force; construction and application

The provisions of K.S.A. 2014 Supp. 21-5220 through 21-5230, and amendments thereto, are to be construed and applied retroactively.

History: L. 2010, ch. 124, §1; L. 2011, ch. 30, §3; July 1.

§21-5221 - Use of force; definitions
  1. As used in article 32 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, K.S.A. 2014 Supp. 21-5202 through 21-5208, 21-5210 through 21-5212, and 21-5220 through 21-5231, and K.S.A. 2014 Supp. 21-3212a, 21-3220 and 21-3221, and amendments thereto:
    1. "Use of force" means any or all of the following directed at or upon another person or thing:
      1. Words or actions that reasonably convey the threat of force, including threats to cause death or great bodily harm to a person;
      2. the presentation or display of the means of force; or
      3. the application of physical force, including by a weapon or through the actions of another.
    2. "Use of deadly force" means the application of any physical force described in paragraph (1) which is likely to cause death or great bodily harm to a person. Any threat to cause death or great bodily harm, including, but not limited to, by the display or production of a weapon, shall not constitute use of deadly force, so long as the actor's purpose is limited to creating an apprehension that the actor will, if necessary, use deadly force in defense of such actor or another or to affect a lawful arrest.
  2. An actor who threatens deadly force as described in subsection (a)(1) shall be subject to the determination in subsection (a) of K.S.A. 21-3211, prior to its repeal, or subsection (a) of K.S.A. 2014 Supp. 21-5222, and amendments thereto, and not to the determination in subsection (b) of K.S.A. 21-3211, prior to its repeal, or subsection (b) of K.S.A. 2014 Supp. 21-5222, and amendments thereto.

History: L. 2010, ch. 124, §2; L. 2011, ch. 30, §4; July 1.

§21-5222 - Same; defense of a person; no duty to retreat
  1. A person is justified in the use of force against another when and to the extent it appears to such person and such person reasonably believes that such use of force is necessary to defend such person or a third person against such other's imminent use of unlawful force.
  2. A person is justified in the use of deadly force under circumstances described in subsection (a) if such person reasonably believes that such use of deadly force is necessary to prevent imminent death or great bodily harm to such person or a third person.
  3. Nothing in this section shall require a person to retreat if such person is using force to protect such person or a third person.

History: L. 2010, ch. 136, §21; L. 2011, ch. 30, §7; July 1.

§21-5223 - Same; defense of dwelling, place of work or occupied vehicle; no duty to retreat
  1. A person is justified in the use of force against another when and to the extent that it appears to such person and such person reasonably believes that such use of force is necessary to prevent or terminate such other's unlawful entry into or attack upon such person's dwelling, place of work or occupied vehicle.
  2. A person is justified in the use of deadly force to prevent or terminate unlawful entry into or attack upon any dwelling, place of work or occupied vehicle if such person reasonably believes that such use of deadly force is necessary to prevent imminent death or great bodily harm to such person or another.
  3. Nothing in this section shall require a person to retreat if such person is using force to protect such person's dwelling, place of work or occupied vehicle.

History: L. 2010, ch. 136, §22; L. 2011, ch. 30, §8; July 1.

§21-5224 - Use of force; presumptions
  1. For the purposes of K.S.A. 21-3211 and 21-3212, prior to their repeal, or K.S.A. 2014 Supp. 21-5222 and 21-5223, and amendments thereto, a person is presumed to have a reasonable belief that deadly force is necessary to prevent imminent death or great bodily harm to such person or another person if:
    1. The person against whom the force is used, at the time the force is used:
      1. Is unlawfully or forcefully entering, or has unlawfully or forcefully entered, and is present within, the dwelling, place of work or occupied vehicle of the person using force; or
      2. has removed or is attempting to remove another person against such other person's will from the dwelling, place of work or occupied vehicle of the person using force; and
    2. the person using force knows or has reason to believe that any of the conditions set forth in paragraph (1) is occurring or has occurred.
  2. The presumption set forth in subsection (a) does not apply if, at the time the force is used:
    1. The person against whom the force is used has a right to be in, or is a lawful resident of, the dwelling, place of work or occupied vehicle of the person using force, and is not subject to any order listed in K.S.A. 21-3843, prior to its repeal, or K.S.A. 2014 Supp. 21-5924, and amendments thereto, that would prohibit such person's presence in the property;
    2. the person sought to be removed is a child, grandchild or is otherwise in the lawful custody or under the lawful guardianship of the person against whom the force is used;
    3. the person using force is engaged in the commission of a crime, attempting to escape from a location where a crime has been committed, or is using the dwelling, place of work or occupied vehicle to further the commission of a crime; or
    4. the person against whom the force is used is a law enforcement officer who has entered or is attempting to enter a dwelling, place of work or occupied vehicle in the lawful performance of such officer's lawful duties, and the person using force knows or reasonably should know that the person who has entered or is attempting to enter is a law enforcement officer.

History: L. 2010, ch. 124, §3; L. 2011, ch. 30, §2; July 1.

§21-5225 - Same; defense of property other than a dwelling, place of work or occupied vehicle

A person who is lawfully in possession of property other than a dwelling, place of work or occupied vehicle is justified in the use of force against another for the purpose of preventing or terminating an unlawful interference with such property. Only such use of force as a reasonable person would deem necessary to prevent or terminate the interference may intentionally be used.

History: L. 2010, ch. 136, §23; L. 2011, ch. 30, §9; July 1.

§21-5226 - Same; by an aggressor

The justification described in K.S.A. 21-3211, 21-3212 and 21-3213, prior to their repeal, or K.S.A. 2014 Supp. 21-5222, 21-5223 and 21-5225, and amendments thereto, is not available to a person who:

  1. Is attempting to commit, committing or escaping from the commission of a forcible felony;
  2. initially provokes the use of any force against such person or another, with intent to use such force as an excuse to inflict bodily harm upon the assailant; or
  3. otherwise initially provokes the use of any force against such person or another, unless:
    1. Such person has reasonable grounds to believe that such person is in imminent danger of death or great bodily harm, and has exhausted every reasonable means to escape such danger other than the use of deadly force; or
    2. in good faith, such person withdraws from physical contact with the assailant and indicates clearly to the assailant that such person desires to withdraw and terminate the use of such force, but the assailant continues or resumes the use of such force.

History: L. 2010, ch 136, §24; L. 2011, ch. 30, §10; July 1.

§21-5227 - Same; law enforcement officer making arrest
  1. A law enforcement officer, or any person whom such officer has summoned or directed to assist in making a lawful arrest, need not retreat or desist from efforts to make a lawful arrest because of resistance or threatened resistance to the arrest. Such officer is justified in the use of any force which such officer reasonably believes to be necessary to effect the arrest and the use of any force which such officer reasonably believes to be necessary to defend the officer's self or another from bodily harm while making the arrest. However, such officer is justified in using deadly force only when such officer reasonably believes that such force is necessary to prevent death or great bodily harm to such officer or another person, or when such officer reasonably believes that such force is necessary to prevent the arrest from being defeated by resistance or escape and such officer has probable cause to believe that the person to be arrested has committed or attempted to commit a felony involving death or great bodily harm or is attempting to escape by use of a deadly weapon, or otherwise indicates that such person will endanger human life or inflict great bodily harm unless arrested without delay.
  2. A law enforcement officer making an arrest pursuant to an invalid warrant is justified in the use of any force which such officer would be justified in using if the warrant were valid, unless such officer knows that the warrant is invalid.

History: L. 2010, ch 136, §25; L. 2011, ch. 30, §11; July 1.

§21-5228 - Same; private person making arrest
  1. A private person who makes, or assists another private person in making a lawful arrest is justified in the use of any force which such person would be justified in using if such person were summoned or directed by a law enforcement officer to make such arrest, except that such person is justified in the use of deadly force only when such person reasonably believes that such force is necessary to prevent death or great bodily harm to such person or another.
  2. A private person who is summoned or directed by a law enforcement officer to assist in making an arrest which is unlawful, is justified in the use of any force which such person would be justified in using if the arrest were lawful.

History: L. 2010, ch. 136, §26; L. 2011, ch. 30, §12; July 1.

§21-5230 - Same; no duty to retreat

A person who is not engaged in an unlawful activity and who is attacked in a place where such person has a right to be has no duty to retreat and has the right to stand such person's ground and use any force which such person would be justified in using under article 32 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or K.S.A. 2014 Supp. 21-5202 through 21-5208, 21-5210 through 21-5212, and 21-5220 through 21-5231, and amendments thereto.

History: L. 2010, ch. 136, §28; L. 2011, ch. 30, §13; July 1.

§21-5231 - Same; immunity from prosecution or liability; investigation
  1. A person who uses force which, subject to the provisions of K.S.A. 2014 Supp. 21-5226, and amendments thereto, is justified pursuant to K.S.A. 2014 Supp. 21-5222, 21-5223 or 21-5225, and amendments thereto, is immune from criminal prosecution and civil action for the use of such force, unless the person against whom force was used is a law enforcement officer who was acting in the performance of such officer's official duties and the officer identified the officer's self in accordance with any applicable law or the person using force knew or reasonably should have known that the person was a law enforcement officer. As used in this subsection, "criminal prosecution" includes arrest, detention in custody and charging or prosecution of the defendant.
  2. A law enforcement agency may use standard procedures for investigating the use of force as described in subsection (a), but the agency shall not arrest the person for using force unless it determines that there is probable cause for the arrest.
  3. A prosecutor may commence a criminal prosecution upon a determination of probable cause.

History: L. 2010, ch. 136, §29; July 1, 2011.

ARTICLE 63 - Crimes Against The Public Safety

§21-6301 - (2015) Criminal use of weapons
  1. Criminal use of weapons is knowingly:
    1. Selling, manufacturing, purchasing or possessing any bludgeon, sand club, metal knuckles or throwing star;
    2. possessing with intent to use the same unlawfully against another, a dagger, dirk, billy, blackjack, slungshot, dangerous knife, straight-edged razor, stiletto or any other dangerous or deadly weapon or instrument of like character;
    3. setting a spring gun;
    4. possessing any device or attachment of any kind designed, used or intended for use in suppressing the report of any firearm;
    5. selling, manufacturing, purchasing or possessing a shotgun with a barrel less than 18 inches in length, or any firearm designed to discharge or capable of discharging automatically more than once by a single function of the trigger, whether the person knows or has reason to know the length of the barrel or that the firearm is designed or capable of discharging automatically;
    6. possessing, manufacturing, causing to be manufactured, selling, offering for sale, lending, purchasing or giving away any cartridge which can be fired by a handgun and which has a plastic-coated bullet that has a core of less than 60% lead by weight, whether the person knows or has reason to know that the plastic-coated bullet has a core of less than 60% lead by weight;
    7. selling, giving or otherwise transferring any firearm with a barrel less than 12 inches long to any person under 18 years of age whether the person knows or has reason to know the length of the barrel;
    8. selling, giving or otherwise transferring any firearms to any person who is both addicted to and an unlawful user of a controlled substance;
    9. selling, giving or otherwise transferring any firearm to any person who is or has been a mentally ill person subject to involuntary commitment for care and treatment, as defined in K.S.A. 59-2946, and amendments thereto, or a person with an alcohol or substance abuse problem subject to involuntary commitment for care and treatment as defined in K.S.A. 59-29b46, and amendments thereto;
    10. possessing any firearm by a person who is both addicted to and an unlawful user of a controlled substance;
    11. possessing any firearm by any person, other than a law enforcement officer, in or on any school property or grounds upon which is located a building or structure used by a unified school district or an accredited nonpublic school for student instruction or attendance or extracurricular activities of pupils enrolled in kindergarten or any of the grades one through 12 or at any regularly scheduled school sponsored activity or event whether the person knows or has reason to know that such person was in or on any such property or grounds;
    12. refusing to surrender or immediately remove from school property or grounds or at any regularly scheduled school sponsored activity or event any firearm in the possession of any person, other than a law enforcement officer, when so requested or directed by any duly authorized school employee or any law enforcement officer;
    13. possessing any firearm by a person who is or has been a mentally ill person subject to involuntary commitment for care and treatment, as defined in K.S.A. 59-2946, and amendments thereto, or persons with an alcohol or substance abuse problem subject to involuntary commitment for care and treatment as defined in K.S.A. 59-29b46, and amendments thereto; or
    14. possessing a firearm with a barrel less than 12 inches long by any person less than 18 years of age.
  2. Criminal use of weapons as defined in:
    1. Subsection (a)(1), (a)(2), (a)(3), (a)(7), (a)(8), (a)(9) or (a)(12) is a class A nonperson misdemeanor;
    2. subsection (a)(4), (a)(5) or (a)(6) is a severity level 9, nonperson felony;
    3. subsection (a)(10) or (a)(11) is a class B nonperson select misdemeanor;
    4. subsection (a)(13) is a severity level 8, nonperson felony; and
    5. subsection (a)(14) is a:
      1. Class A nonperson misdemeanor except as provided in subsection (b)(5)(B);
      2. severity level 8, nonperson felony upon a second or subsequent conviction.
  3. Subsections (a)(1), (a)(2) and (a)(5) shall not apply to:
    1. Law enforcement officers, or any person summoned by any such officers to assist in making arrests or preserving the peace while actually engaged in assisting such officer;
    2. wardens, superintendents, directors, security personnel and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of crime, while acting within the scope of their authority;
    3. members of the armed services or reserve forces of the United States or the Kansas national guard while in the performance of their official duty; or
    4. the manufacture of, transportation to, or sale of weapons to a person authorized under subsections (c)(1), (c)(2) and (c)(3) to possess such weapons.
  4. Subsections (a)(4) and (a)(5) shall not apply to any person who sells, purchases, possesses or carries a firearm, device or attachment which has been rendered unserviceable by steel weld in the chamber and marriage weld of the barrel to the receiver and which has been registered in the national firearms registration and transfer record in compliance with 26 U.S.C. §5841 et seq. in the name of such person and, if such person transfers such firearm, device or attachment to another person, has been so registered in the transferee's name by the transferor.
  5. Subsection (a)(6) shall not apply to a governmental laboratory or solid plastic bullets.
  6. Subsection (a)(4) shall not apply to a law enforcement officer who is:
    1. Assigned by the head of such officer's law enforcement agency to a tactical unit which receives specialized, regular training;
    2. designated by the head of such officer's law enforcement agency to possess devices described in subsection (a)(4); and
    3. in possession of commercially manufactured devices which are:
      1. Owned by the law enforcement agency;
      2. in such officer's possession only during specific operations; and
      3. approved by the bureau of alcohol, tobacco, firearms and explosives of the United States department of justice.
  7. Subsections (a)(4), (a)(5) and (a)(6) shall not apply to any person employed by a laboratory which is certified by the United States department of justice, national institute of justice, while actually engaged in the duties of their employment and on the premises of such certified laboratory. Subsections (a)(4), (a)(5) and (a)(6) shall not affect the manufacture of, transportation to or sale of weapons to such certified laboratory.
  8. Subsections (a)(4) and (a)(5) shall not apply to or affect any person or entity in compliance with the national firearms act, 26 U.S.C. §5801 et seq.
  9. Subsection (a)(11) shall not apply to:
    1. Possession of any firearm in connection with a firearms safety course of instruction or firearms education course approved and authorized by the school;
    2. possession of any firearm specifically authorized in writing by the superintendent of any unified school district or the chief administrator of any accredited nonpublic school;
    3. possession of a firearm secured in a motor vehicle by a parent, guardian, custodian or someone authorized to act in such person's behalf who is delivering or collecting a student;
    4. possession of a firearm secured in a motor vehicle by a registered voter who is on the school grounds, which contain a polling place for the purpose of voting during polling hours on an election day; or
    5. possession of a handgun by an individual who is not prohibited from possessing a firearm under either federal or state law.
  10. Subsections (a)(9) and (a)(13) shall not apply to a person who has received a certificate of restoration pursuant to K.S.A. 2014 Supp. 75-7c26, and amendments thereto.
  11. Subsection (a)(14) shall not apply if such person, less than 18 years of age, was:
    1. In attendance at a hunter's safety course or a firearms safety course;
    2. engaging in practice in the use of such firearm or target shooting at an established range authorized by the governing body of the jurisdiction in which such range is located, or at another private range with permission of such person's parent or legal guardian;
    3. engaging in an organized competition involving the use of such firearm, or participating in or practicing for a performance by an organization exempt from federal income tax pursuant to section 501(c)(3) of the internal revenue code of 1986 which uses firearms as a part of such performance;
    4. hunting or trapping pursuant to a valid license issued to such person pursuant to article 9 of chapter 32 of the Kansas Statutes Annotated, and amendments thereto;
    5. traveling with any such firearm in such person's possession being unloaded to or from any activity described in subsections (k)(1) through (k)(4), only if such firearm is secured, unloaded and outside the immediate access of such person;
    6. on real property under the control of such person's parent, legal guardian or grandparent and who has the permission of such parent, legal guardian or grandparent to possess such firearm; or
    7. at such person's residence and who, with the permission of such person's parent or legal guardian, possesses such firearm for the purpose of exercising the rights contained in K.S.A. 2014 Supp. 21-5222, 21-5223 or 21-5225, and amendments thereto.
  12. As used in this section, "throwing star" means any instrument, without handles, consisting of a metal plate having three or more radiating points with one or more sharp edges and designed in the shape of a polygon, trefoil, cross, star, diamond or other geometric shape, manufactured for use as a weapon for throwing.

History: L. 2010, ch. 136, §186; L. 2011, ch. 30, §48; July 1; L. 2013, ch. 88, §2; L. 2014, HB2578, § 11; L. 2015, SB45, §2.

§21-6302 - (2015) Criminal carrying of a weapon
  1. Criminal carrying of a weapon is knowingly carrying:
    1. Any bludgeon, sandclub, metal knuckles or throwing star;
    2. concealed on one's person, a billy, blackjack, slungshot or any other dangerous or deadly weapon or instrument of like character;
    3. on one's person or in any land, water or air vehicle, with intent to use the same unlawfully, a tear gas or smoke bomb or projector or any object containing a noxious liquid, gas or substance;
    4. any pistol, revolver or other firearm concealed on one's person if such person is under 21 years of age except when on such person's land or in such person's abode or fixed place of business; or
    5. a shotgun with a barrel less than 18 inches in length or any other firearm designed to discharge or capable of discharging automatically more than once by a single function of the trigger whether the person knows or has reason to know the length of the barrel or that the firearm is designed or capable of discharging automatically.
  2. Criminal carrying of a weapon as defined in:
    1. Subsections (a)(1), (a)(2), (a)(3) or (a)(4) is a class A nonperson misdemeanor; and
    2. subsection (a)(5) is a severity level 9, nonperson felony.
  3. Subsection (a) shall not apply to:
    1. Law enforcement officers, or any person summoned by any such officers to assist in making arrests or preserving the peace while actually engaged in assisting such officer;
    2. wardens, superintendents, directors, security personnel and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of crime, while acting within the scope of their authority;
    3. members of the armed services or reserve forces of the United States or the Kansas national guard while in the performance of their official duty; or
    4. the manufacture of, transportation to, or sale of weapons to a person authorized under subsections (c)(1), (c)(2) and (c)(3) to possess such weapons.
  4. Subsection (a)(5) shall not apply to:
    1. Any person who sells, purchases, possesses or carries a firearm, device or attachment which has been rendered unserviceable by steel weld in the chamber and marriage weld of the barrel to the receiver and which has been registered in the national firearms registration and transfer record in compliance with 26 U.S.C. §5841 et seq. in the name of such person and, if such person transfers such firearm, device or attachment to another person, has been so registered in the transferee's name by the transferor;
    2. any person employed by a laboratory which is certified by the United States department of justice, national institute of justice, while actually engaged in the duties of their employment and on the premises of such certified laboratory. Subsection (a)(5) shall not affect the manufacture of, transportation to or sale of weapons to such certified laboratory; or
    3. any person or entity in compliance with the national firearms act, 26 U.S.C. §5801 et seq.
  5. As used in this section, "throwing star" means the same as prescribed by K.S.A. 2014 Supp. 21-6301, and amendments thereto.

History: L. 2011, ch. 30, §49; L. 2013, ch. 105, § 4; L. 2013, ch. 133, § 8; July 1; L. 2015, SB45, §3.

§21-6303 - Criminal distribution of firearms to a felon
  1. Criminal distribution of firearms to a felon is knowingly:
    1. Selling, giving or otherwise transferring any firearm to any person who, within the preceding five years, has been convicted of a felony, other than those specified in subsection (c), under the laws of this or any other jurisdiction or has been released from imprisonment for a felony and was not found to have been in possession of a firearm at the time of the commission of the felony;
    2. selling, giving or otherwise transferring any firearm to any person who, within the preceding 10 years, has been convicted of a felony to which this subsection applies, but was not found to have been in possession of a firearm at the time of the commission of the felony, or has been released from imprisonment for such a felony, and has not had the conviction of such felony expunged or been pardoned for such felony; or
    3. selling, giving or otherwise transferring any firearm to any person who has been convicted of a felony under the laws of this or any other jurisdiction and was found to have been in possession of a firearm at the time of the commission of the felony.
  2. Criminal distribution of firearms to a felon is a class A nonperson misdemeanor.
  3. Subsection (a)(2) shall apply to a felony under K.S.A. 2014 Supp. 21-5402, 21-5403, 21-5404, 21-5405, 21-5408, subsection (b) or (d) of 21-5412, subsection (b) or (d) of 21-5413, subsection (a) or (b) of 21-5415, subsection (b) of 21-5420, 21-5503, subsection (b) of 21-5504, subsection (b) of 21-5505, and subsection (b) of 21-5807, and amendments thereto, K.S.A. 2014 Supp. 21-5705 or 21-5706, and amendments thereto, or K.S.A. 21-3401, 21-3402, 21-3403, 21-3404, 21-3410, 21-3411, 21-3414, 21-3415, 21-3419, 21-3420, 21-3421, 21-3427, 21-3442, 21-3502, 21-3506, 21-3518, 21-3716, 65-4127a, 65-4127b or 65-4160 through 65-4165, prior to their repeal, or a crime under a law of another jurisdiction which is substantially the same as such felony.
  4. It is not a defense that the distributor did not know or have reason to know:
    1. The precise felony the recipient committed;
    2. that the recipient was in possession of a firearm at the time of the commission of the recipient's prior felony; or
    3. that the convictions for such felony have not been expunged or pardoned.

History: L. 2010, ch. 136, §188; L. 2011, ch. 30, §50; July 1.

§21-6304 - (2014) Criminal possession of a weapon by a convicted felon
  1. Criminal possession of a weapon by a convicted felon is possession of any weapon by a person who:
    1. Has been convicted of a person felony or a violation of article 57 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto, K.S.A. 2010 Supp. 21-36a01 through 21-36a17, prior to their transfer, or any violation of any provision of the uniform controlled substances act prior to July 1, 2009, or a crime under a law of another jurisdiction which is substantially the same as such felony or violation, or was adjudicated a juvenile offender because of the commission of an act which if done by an adult would constitute the commission of a person felony or a violation of article 57 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto, K.S.A. 2010 Supp. 21-36a01 through 21-36a17, prior to their transfer, or any violation of any provision of the uniform controlled substances act prior to July 1, 2009, and was found to have been in possession of a firearm at the time of the commission of the crime;
    2. within the preceding five years has been convicted of a felony, other than those specified in subsection (a)(3)(A), under the laws of Kansas or a crime under a law of another jurisdiction which is substantially the same as such felony, has been released from imprisonment for a felony or was adjudicated as a juvenile offender because of the commission of an act which if done by an adult would constitute the commission of a felony, and was not found to have been in possession of a firearm at the time of the commission of the crime; or
    3. within the preceding 10 years, has been convicted of a:
      1. Felony under K.S.A. 2014 Supp. 21-5402, 21-5403, 21-5404, 21-5405, 21-5408, subsection (b) or (d) of 21-5412, subsection (b) or (d) of 21-5413, subsection (a) of 21-5415, subsection (b) of 21-5420, 21-5503, subsection (b) of 21-5504, subsection (b) of 21-5505, and subsection (b) of 21-5807, and amendments thereto; article 57 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto; K.S.A. 21-3401, 21-3402, 21-3403, 21-3404, 21-3410, 21-3411, 21-3414, 21-3415, 21-3419, 21-3420, 21-3421, 21-3427, 21-3442, 21-3502, 21-3506, 21-3518, 21-3716, 65-4127a, 65-4127b, 65-4159 through 65-4165 or 65-7006, prior to their repeal; an attempt, conspiracy or criminal solicitation as defined in K.S.A. 21-3301, 21-3302 or 21-3303, prior to their repeal, or K.S.A. 2014 Supp. 21-5301, 21-5302 or 21-5303, and amendments thereto, of any such felony; or a crime under a law of another jurisdiction which is substantially the same as such felony, has been released from imprisonment for such felony, or was adjudicated as a juvenile offender because of the commission of an act which if done by an adult would constitute the commission of such felony, was not found to have been in possession of a firearm at the time of the commission of the crime, and has not had the conviction of such crime expunged or been pardoned for such crime. The provisions of subsection (j)(2) of K.S.A. 2014 Supp. 21-6614, and amendments thereto, shall not apply to an individual who has had a conviction under this paragraph expunged; or
      2. nonperson felony under the laws of Kansas or a crime under the laws of another jurisdiction which is substantially the same as such nonperson felony, has been released from imprisonment for such nonperson felony or was adjudicated as a juvenile offender because of the commission of an act which if done by an adult would constitute the commission of a nonperson felony, and was found to have been in possession of a firearm at the time of the commission of the crime.
  2. Criminal possession of a weapon by a convicted felon is a severity level 8, nonperson felony.
  3. As used in this section:
    1. "Knife" means a dagger, dirk, switchblade, stiletto, straight-edged razor or any other dangerous or deadly cutting instrument of like character; and
    2. "weapon" means a firearm or a knife

History: L. 2010, ch. 136, §189; L. 2011, ch. 91, §34; July 1; L. 2013, ch. 36, § 2; July 1.

Revisor's Note: Section was also amended by L. 2011, ch. 30, §51, but that version was repealed by L. 2011, ch. 91, §41; L. 2014, HB2578, § 12.

§21-6305 - Aggravated weapons violation by a convicted felon
  1. Aggravated weapons violation by a convicted felon is a violation of any of the provisions of subsections (a)(1) through (a)(6) of K.S.A. 2014 Supp. 21-6301 or 21-6302, and amendments thereto, by a person who:
    1. Within five years preceding such violation has been convicted of a nonperson felony under the laws of Kansas or in any other jurisdiction which is substantially the same as such crime or has been released from imprisonment for such nonperson felony; or
    2. has been convicted of a person felony under the laws of Kansas or in any other jurisdiction which is substantially the same as such crime or has been released from imprisonment for such crime, and has not had the conviction of such crime expunged or been pardoned for such crime.
    1. Aggravated weapons violation by a convicted felon is a severity level 9, nonperson felony for a violation of subsections (a)(1) through (a)(5) or subsection (a)(9) of K.S.A. 21-4201, prior to its repeal, or subsection (a)(1) through (a)(3) of K.S.A. 2014 Supp. 21-6301 or subsection (a)(1) through (a)(4) of K.S.A. 2014 Supp. 21-6302, and amendments thereto.
    2. Aggravated weapons violation by a convicted felon is a severity level 8, nonperson felony for a violation of subsections (a)(6), (a)(7) and (a)(8) of K.S.A. 21-4201, prior to its repeal, or subsection (a)(4) through (a)(6) of K.S.A. 2014 Supp. 21-6301 or subsection (a)(5) of K.S.A. 2014 Supp. 21-6302, and amendments thereto.

History: L. 2010, ch. 136, §190; L. 2011, ch. 30, §52; July 1.

§21-6306 - Defacing identification marks of a firearm
  1. Defacing identification marks of a firearm is intentionally changing, altering, removing or obliterating the name of the maker, model, manufacturer's number or other mark of identification of any firearm.
  2. Defacing identification marks of a firearm is a severity level 10, nonperson felony.
  3. Possession of any firearm upon which any such mark has been intentionally changed, altered, removed or obliterated shall be prima facie evidence that the possessor has changed, altered, removed or obliterated the same.

History: L. 2010, ch. 136, §191; July 1, 2011.

§21-6307 - Confiscation and disposition of weapons; use of proceeds of sale
  1. Upon conviction of a violation or upon adjudication as a juvenile offender for a violation of subsections (a)(1) through (a)(6) or (a)(10) through (a)(14) of K.S.A. 2014 Supp. 21-6301, 21-6302, 21-6304, 21-6305 or subsection (a)(1) or (a)(2) of 21-6308, and amendments thereto, any weapon seized in connection therewith shall remain in the custody of the trial court.
  2. Any stolen weapon so seized and detained, when no longer needed for evidentiary purposes, shall be returned to the person entitled to possession, if known. All other confiscated weapons when no longer needed for evidentiary purposes, shall in the discretion of the trial court, be:
    1. Destroyed;
    2. forfeited to the law enforcement agency seizing the weapon for use within such agency, for sale to a properly licensed federal firearms dealer, for trading to a properly licensed federal firearms dealer for other new or used firearms or accessories for use within such agency or for trading to another law enforcement agency for that agency's use; or
    3. forfeited to the Kansas bureau of investigation for law enforcement, testing, comparison or destruction by the Kansas bureau of investigation forensic laboratory.
  3. If weapons are sold as authorized by subsection (b), the proceeds of the sale shall be credited to the asset seizure and forfeiture fund of the seizing agency.

History: L. 2010, ch. 136, §192; L. 2011, ch. 30, §53; July 1.

§21-6308 - (2015) Criminal discharge of a firearm
  1. Criminal discharge of a firearm is the:
    1. Reckless and unauthorized discharge of any firearm:
      1. At a dwelling, building or structure in which there is a human being whether the person discharging the firearm knows or has reason to know that there is a human being present;
      2. at a motor vehicle, aircraft, watercraft, train, locomotive, railroad car, caboose, rail-mounted work equipment or rolling stock or other means of conveyance of persons or property in which there is a human being whether the person discharging the firearm knows or has reason to know that there is a human being present;
    2. reckless and unauthorized discharge of any firearm at a dwelling in which there is no human being; or
    3. discharge of any firearm:
      1. Upon any land or nonnavigable body of water of another, without having obtained permission of the owner or person in possession of such land; or
      2. upon or from any public road, public road right-of-way or railroad right-of-way except as otherwise authorized by law.
  2. Criminal discharge of a firearm as defined in:
    1. Subsection (a)(1) is a:
      1. Severity level 7, person felony except as provided in subsection (b)(1)(B) or (b)(1)(C);
      2. severity level 3, person felony if such criminal discharge results in great bodily harm to a person during the commission thereof; or
      3. severity level 5, person felony if such criminal discharge results in bodily harm to a person during the commission thereof;
    2. subsection (a)(2) is a severity level 8, person felony; and
    3. subsection (a)(3) is a class C misdemeanor.
  3. Subsection (a)(1) shall not apply if the act is a violation of K.S.A. 2014 Supp. 21-5412(d), and amendments thereto.
  4. Subsection (a)(3) shall not apply to any of the following:
    1. Law enforcement officers, or any person summoned by any such officers to assist in making arrests or preserving the peace while actually engaged in assisting such officer;
    2. wardens, superintendents, directors, security personnel and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of crime, while acting within the scope of their authority;
    3. members of the armed services or reserve forces of the United States or the national guard while in the performance of their official duty;
    4. watchmen, while actually engaged in the performance of the duties of their employment;
    5. private detectives licensed by the state to carry the firearm involved, while actually engaged in the duties of their employment;
    6. detectives or special agents regularly employed by railroad companies or other corporations to perform full-time security or investigative service, while actually engaged in the duties of their employment;
    7. the state fire marshal, the state fire marshal's deputies or any member of a fire department authorized to carry a firearm pursuant to K.S.A. 31-157, and amendments thereto, while engaged in an investigation in which such fire marshal, deputy or member is authorized to carry a firearm pursuant to K.S.A. 31-157, and amendments thereto; or
    8. the United States attorney for the district of Kansas, the attorney general, or any district attorney or county attorney, while actually engaged in the duties of their employment or any activities incidental to such duties; any assistant United States attorney if authorized by the United States attorney for the district of Kansas and while actually engaged in the duties of their employment or any activities incidental to such duties; any assistant attorney general if authorized by the attorney general and while actually engaged in the duties of their employment or any activities incidental to such duties; or any assistant district attorney or assistant county attorney if authorized by the district attorney or county attorney by whom such assistant is employed and while actually engaged in the duties of their employment or any activities incidental to such duties.

History: L. 2010, ch. 136, §193; July 1, 2011; L. 2015, SB45, §4.

§21-6308a - (2013) Unlawful discharge of a firearm in a city
  1. Unlawful discharge of a firearm is the reckless discharge of a firearm within or into the corporate limits of any city.
  2. This section shall not apply to the discharge of any firearm within or into the corporate limits of any city if:
    1. The firearm is discharged in the lawful defense of one's person, another person or one's property;
    2. the firearm is discharged at a private or public shooting range;
    3. the firearm is discharged to lawfully take wildlife unless prohibited by the department of wildlife, parks and tourism or the governing body of the city;
    4. the firearm is discharged by authorized law enforcement officers, animal control officers or a person who has a wildlife control permit issued by the Kansas department of wildlife, parks and tourism;
    5. the firearm is discharged by special permit of the chief of police or by the sheriff when the city has no police department;
    6. the firearm is discharged using blanks; or
    7. the firearm is discharged in lawful self-defense or defense of another person against an animal attack.
  3. A violation of subsection (a) shall be a class B nonperson misdemeanor.

History: L. 2013, ch. 105, § 1; July 1.

§21-6309 - (2015) Unlawful possession of firearms on certain government property
  1. It shall be unlawful to possess, with no requirement of a culpable mental state:
    1. Within any building located within the capitol complex;
    2. within the governor's residence;
    3. on the grounds of or in any building on the grounds of the governor's residence;
    4. within any other state-owned or leased building if the secretary of administration has so designated by rules and regulations and conspicuously placed signs clearly stating that firearms are prohibited within such building; or
    5. within any county courthouse, unless, by county resolution, the board of county commissioners authorize the possession of a firearm within such courthouse.
  2. Violation of this section is a class A misdemeanor.
  3. This section shall not apply to:
    1. A commissioned law enforcement officer;
    2. a full-time salaried law enforcement officer of another state or the federal government who is carrying out official duties while in this state;
    3. any person summoned by any such officer to assist in making arrests or preserving the peace while actually engaged in assisting such officer;
    4. a member of the military of this state or the United States engaged in the performance of duties.
  4. It is not a violation of this section for:
    1. the Governor, the governor's immediate family, or specifically authorized guest of the governor to possess a firearm within the governor's residence or on the grounds of or in any building on the grounds of the governor's residence;
    2. the United States attorney for the district of Kansas, the attorney general, any district attorney or county attorney, any assistant United States attorney if authorized by the United States attorney for the district of Kansas, any assistant attorney general if authorized by the attorney general, or any assistant district attorney or assistant county attorney if authorized by the district attorney or county attorney by whom such assistant is employed, to possess a firearm within any county courthouse and court-related facility, subject to any restrictions or prohibitions imposed in any courtroom by the chief judge of the judicial district.
    3. law enforcement officers as that term is defined in K.S.A. 2014 Supp. 75-7c22, and amendments thereto, who satisfy the requirements of either subsection of K.S.A. 2014 Supp. 75-7c22 (a) or (b), and amendments thereto, to possess a firearm.
  5. Notwithstanding the provisions of this section, any county may elect by passage of a resolution that the provisions of subsection (d)(2) shall not apply to such county's courthouse or court-related facilities if such:
    1. Buildings have adequate security measures to ensure that no weapons are permitted to be carried into such buildings;
    2. county also has a policy or regulation requiring all law enforcement officers to secure and store such officer's firearm upon entering the courthouse or court-related facility. Such policy or regulation may provide that it does not apply to court security or sheriff's office personnel for such county; and
    3. buildings have a sign conspicuously posted at each entryway into such building stating that the provisions of subsection (d)(2) do not apply to such building.
  6. As used in this section:
    1. "Adequate security measures" shall have the same meaning as the term is defined in K.S.A. 2014 Supp. 75-7c20, and amendments thereto;
    2. "possession" means having joint or exclusive control over a firearm or having a firearm in a place where the person has some measure of access and right of control; and
    3. "capitol complex" means the same as in K.S.A. 75-4514, and amendments thereto.
  7. For the purposes of subsections (a)(1), (a)(4) and (a)(5), "building" and "courthouse" shall not include any structure, or any area of any structure, designated for the parking of motor vehicles.

History: L. 2010, ch. 136, §194; L. 2011, ch. 91, §35; July 1; L. 2013, ch. 105, § 5; July 1; L. 2015, SB45, §5.

Revisor's Note: Section was also amended by L. 2011, ch. 30, §54, but that version was repealed by L. 2011, ch. 91, §41.

§21-6310 - Unlawful endangerment
  1. Unlawful endangerment is knowingly protecting or attempting to protect the manufacture or cultivation of a controlled substance by creating, setting up, building, erecting or using any device or weapon which:
    1. Causes great bodily harm;
    2. causes bodily harm; or
    3. is intended to cause bodily harm to another person.
  2. Unlawful endangerment as defined in:
    1. Subsection (a)(1) is a severity level 5, person felony;
    2. subsection (a)(2) is a severity level 7, person felony; and
    3. subsection (a)(3) is a severity level 8, nonperson felony.
  3. A person who violates the provisions of this section may also be prosecuted for, convicted of, and punished for battery.
  4. As used in this section, "manufacture" and "cultivation" mean the same as in K.S.A. 2014 Supp. 21-5701, and amendments thereto.

History: L. 2010, ch. 136, §195; July 1, 2011.

§21-6332 - (2014) Possession of a firearm under the influence
  1. Possession of a firearm under the influence is knowingly possessing or carrying a loaded firearm on or about such person, or within such person's immediate access and control while in a vehicle, while under the influence of alcohol or drugs, or both, to such a degree as to render such person incapable of safely operating a firearm.
  2. Possession of a firearm under the influence is a class A nonperson misdemeanor.
  3. This section shall not apply to:
    1. A person who possesses or carries a firearm while in such person's own dwelling or place of business or on land owned or possessed by such person; or
    2. the transitory possession or use of a firearm during an act committed in self-defense or in defense of another person or any other act committed if legally justified or excused, provided such possession or use lasts no longer than is immediately necessary.
  4. If probable cause exists for a law enforcement officer to believe a person is in possession of a firearm under the influence of alcohol or drugs, or both, such law enforcement officer shall request such person submit to one or more tests of the person's blood, breath, urine or other bodily substance to determine the presence of alcohol or drugs. The selection of the test or tests shall be made by the officer.
    1. If a law enforcement officer requests a person to submit to a test of blood under this section, the withdrawal of blood at the direction of the officer may be performed only by:
      1. A person licensed to practice medicine and surgery, licensed as a physician's assistant, or a person acting under the direction of any such licensed person;
      2. a registered nurse or a licensed practical nurse;
      3. any qualified medical technician, including, but not limited to, an emergency medical technician-intermediate, mobile intensive care technician, an emergency medical technician-intermediate/defibrillator, an advanced emergency medical technician or a paramedic, as those terms are defined in K.S.A. 65-6112, and amendments thereto, authorized by medical protocol; or
      4. a phlebotomist.
    2. A law enforcement officer may direct a medical professional described in this subsection to draw a sample of blood from a person if the person has given consent or upon meeting the requirements of subsection (d).
    3. When so directed by a law enforcement officer through a written statement, the medical professional shall withdraw the sample as soon as practical and shall deliver the sample to the law enforcement officer or another law enforcement officer as directed by the requesting law enforcement officer as soon as practical, provided the collection of the sample does not jeopardize the person's life, cause serious injury to the person or seriously impede the person's medical assessment, care or treatment. The medical professional authorized herein to withdraw the blood and the medical care facility where the blood is drawn may act on good faith that the requirements have been met for directing the withdrawing of blood once presented with the written statement provided for under this subsection. The medical professional shall not require the person to sign any additional consent or waiver form. In such a case, the person authorized to withdraw blood and the medical care facility shall not be liable in any action alleging lack of consent or lack of informed consent.
    4. Such sample or samples shall be an independent sample and not be a portion of a sample collected for medical purposes. The person collecting the blood sample shall complete the collection portion of a document provided by law enforcement.
    5. If a sample is to be taken under authority of a search warrant, and the person must be restrained to collect the sample pursuant to this section, law enforcement shall be responsible for applying any such restraint utilizing acceptable law enforcement restraint practices. The restraint shall be effective in controlling the person in a manner not to jeopardize the person's safety or that of the medical professional or attending medical or health care staff during the drawing of the sample and without interfering with medical treatment.
    6. A law enforcement officer may request a urine sample upon meeting the requirements of subsection (d).
    7. If a law enforcement officer requests a person to submit to a test of urine under this section, the collection of the urine sample shall be supervised by:
      1. A person licensed to practice medicine and surgery, licensed as a physician's assistant, or a person acting under the direction of any such licensed person;
      2. a registered nurse or a licensed practical nurse; or
      3. a law enforcement officer of the same sex as the person being tested.
      The collection of the urine sample shall be conducted out of the view of any person other than the persons supervising the collection of the sample and the person being tested, unless the right to privacy is waived by the person being tested. When possible, the supervising person shall be a law enforcement officer. The results of qualitative testing for drug presence shall be admissible in evidence and questions of accuracy or reliability shall go to the weight rather than the admissibility of the evidence. If the person is medically unable to provide a urine sample in such manner due to the injuries or treatment of the injuries, the same authorization and procedure as used for the collection of blood in paragraphs (2) and (3) shall apply to the collection of a urine sample.
    8. The person performing or assisting in the performance of any such test and the law enforcement officer requesting any such test who is acting in accordance with this section shall not be liable in any civil and criminal proceeding involving the action.
    1. The person's refusal shall be admissible in evidence against the person at any trial on a charge arising out of possession of a firearm under the influence of alcohol or drugs, or both.
    2. Failure of a person to provide an adequate breath sample or samples as directed shall constitute a refusal unless the person shows that the failure was due to physical inability caused by a medical condition unrelated to any ingested alcohol or drugs.
    3. In any criminal prosecution for a violation of this section, if the court finds that a person refused to submit to testing when requested pursuant to this section, the county or district attorney, upon petition to the court, may recover on behalf of the state, in addition to the criminal penalties provided in this section, a civil penalty not exceeding $1,000 for each violation.
  5. If a person who holds a valid license to carry a concealed handgun issued pursuant to K.S.A. 2014 Supp. 75-7c01 et seq., and amendments thereto, is convicted of a violation of this section, such person's license to carry a concealed handgun shall be revoked for a minimum of one year for a first offense and three years for a second or subsequent offense.
  6. In any criminal prosecution for possession of a firearm under the influence of alcohol or drugs, or both, evidence of the concentration of alcohol or drugs in the defendant's blood, urine, breath or other bodily substance may be admitted and shall give rise to the following:
    1. If the alcohol concentration is less than .08, that fact may be considered with other competent evidence to determine if the defendant was under the influence of alcohol or drugs, or both.
    2. If the alcohol concentration is .08 or more, it shall be prima facie evidence that the defendant was under the influence of alcohol.
    3. If there was present in the defendant's bodily substance any narcotic, hypnotic, somnifacient, stimulating or other drug which has the capacity to render the defendant incapacitated, that fact may be considered to determine if the defendant was under the influence of alcohol or drugs, or both.
  7. The provisions of subsection (h) shall not be construed as limiting the introduction of any other competent evidence bearing upon the question of whether or not the defendant was under the influence of alcohol or drugs, or both.
  8. Upon the request of any person submitting to testing under this section, a report of the results of the testing shall be made available to such person.

History: L. 2014, ch. 97, § 6; July 1.

CHAPTER 48 - Militia, Defense And Public Safety

Article 9 - Emergency Preparedness For Disasters

§48-959 - Seizure of firearms prohibited during official state of emergency; cause of action created; attorney fees
  1. No officer or employee of the state or any political subdivision thereof, member of the Kansas national guard in the service of the state, or any person operating pursuant to or under color of state law, receiving state funds, under control of any official of the state or political subdivision thereof, or providing services to such officer, employee or other person, while acting during a declared official state of emergency, may:
    1. Temporarily or permanently seize, or authorize seizure of, any firearm the possession of which is not prohibited under state law, other than as evidence in a criminal investigation; or
    2. require registration of any firearm for which registration is not required by state law.
  2. Any individual aggrieved by a violation of this section may seek in the courts of this state relief in an action at law or in equity or other proper proceeding for redress against any person who subjects such individual, or causes such individual to be subjected, to the deprivation of any of the rights, privileges or immunities provided by this section.
  3. In addition to any other remedy at law or in equity, an individual aggrieved by the seizure or confiscation of a firearm in violation of this section may bring an action for return of such firearm in the district court of the county in which that individual resides or in which such firearm is located. In any action or proceeding to enforce this section, the court shall award the prevailing party, other than the state or political subdivision thereof, reasonable attorneys' fees.
  4. "Seize" shall mean the act of forcible dispossessing an owner of property under actual or apparent authority of law.

History: L. 2008, ch. 97, §1; July 1.

Article 19 - Sale And Purchase Of Certain Firearms

§48-1906 - (2014) Certification by chief law enforcement officer for transfer of certain firearms
  1. When the transfer of a firearm requires certification by a chief law enforcement officer in accordance with 27 C.F.R. § 479.85, in effect on January 24, 2003, a person may apply for such certification to a chief law enforcement officer. Within 15 days of receipt of a request for certification, the chief law enforcement officer shall provide such certification and approve the transfer unless a condition as provided in 27 C.F.R. § 479.85 exists which the chief law enforcement officer cannot certify because of specific acts or information directly related to the applicant. A generalized belief by the chief law enforcement officer that certain types of firearms have no lawful purpose or should not be possessed even by those who are not otherwise prohibited by law from possessing or receiving them shall not be sufficient reason to deny certification under this section. If certification of the application is not completed, the chief law enforcement officer, or such officer's designee, shall provide written notification to the applicant that certification of the application cannot be completed and the reason for such denial of certification.
  2. Any applicant whose request for certification is denied pursuant to subsection (a), may appeal such denial to the district court of the county in which the applicant resides. The district court shall review any denial of certification de novo. If the district court finds that the applicant is not prohibited by state or federal law from receiving the firearm and that there is no pending legal or administrative proceeding against the applicant which could result in such prohibition, the district court shall order the chief law enforcement officer to issue the certification. In addition to such other relief as may be ordered, the district court may award the applicant court costs and reasonable attorney's fees.
  3. Any chief law enforcement officer who certifies and approves the transfer of a firearm pursuant to this section shall not be held liable in any civil or criminal action for any act committed by another person with such firearm following such transfer.
  4. For purposes of this section:
    1. "Certification'' means the written certificate required under 27 C.F.R. § 479.85, in effect on January 24, 2003, to be completed by a chief law enforcement officer for the approval of an application to transfer a firearm.
    2. "Chief law enforcement officer'' means a person holding any of the offices described in 27 C.F.R. § 479.85, in effect on January 24, 2003, as eligible to provide the required certification for the transfer of a firearm.
    3. "Firearm'' shall have the same meaning as provided in the federal national firearms act, 26 U.S.C. § 5845, in effect as of the effective date of this act.

History: L. 2014, ch. 97, § 1; July 1.

CHAPTER 50 - UNFAIR TRADE AND CONSUMER PROTECTION

ARTICLE 12 - Manufacturers Of Firearms, Firearms Accessories, Ammunition

§50-1201 - (2013) Second amendment protection act

K.S.A. 2014 Supp. 50-1201 through 50-1211, and amendments thereto, may be cited as the second amendment protection act.

History: L. 2013, ch. 100, § 1; Apr. 25.

§50-1202 - (2013) Legislative declaration

The legislature declares that the authority for K.S.A. 2014 Supp. 50-1201 through 50-1211, and amendments thereto, is the following:

  1. The tenth amendment to the constitution of the United States guarantees to the states and their people all powers not granted to the federal government elsewhere in the constitution and reserves to the state and people of Kansas certain powers as they were understood at the time that Kansas was admitted to statehood in 1861. The guaranty of those powers is a matter of contract between the state and people of Kansas and the United States as of the time that the compact with the United States was agreed upon and adopted by Kansas in 1859 and the United States in 1861.
  2. The ninth amendment to the constitution of the United States guarantees to the people rights not granted in the constitution and reserves to the people of Kansas certain rights as they were understood at the time that Kansas was admitted to statehood in 1861. The guaranty of those rights is a matter of contract between the state and people of Kansas and the United States as of the time that the compact with the United States was agreed upon and adopted by Kansas in 1859 and the United States in 1861.
  3. The second amendment to the constitution of the United States reserves to the people, individually, the right to keep and bear arms as that right was understood at the time that Kansas was admitted to statehood in 1861, and the guaranty of that right is a matter of contract between the state and people of Kansas and the United States as of the time that the compact with the United States was agreed upon and adopted by Kansas in 1859 and the United States in 1861.
  4. Section 4 of the bill of rights of the constitution of the state of Kansas clearly secures to Kansas citizens, and prohibits government interference with, the right of individual Kansas citizens to keep and bear arms. This constitutional protection is unchanged from the constitution of the state of Kansas, which was approved by congress and the people of Kansas, and the right exists as it was understood at the time that the compact with the United States was agreed upon and adopted by Kansas in 1859 and the United States in 1861.

History: L. 2013, ch. 100, § 2; Apr. 25.

§50-1203 - (2013) Definitions

As used in K.S.A. 2014 Supp. 50-1201 through 50-1211, and amendments thereto, the following definitions apply:

  1. "Borders of Kansas" means the boundaries of Kansas described in the act for admission of Kansas into the union, 12 stat. 126, ch. 20, § 1.
  2. "Firearms accessories" means items that are used in conjunction with or mounted upon a firearm but are not essential to the basic function of a firearm, including, but not limited to, telescopic or laser sights, magazines, flash or sound suppressors, collapsible or adjustable stocks and grips, pistol grips, thumbhole stocks, speedloaders, ammunition carriers and lights for target illumination.
  3. "Manufacture" means to assemble using multiple components to create a more useful finished product.

History: L. 2013, ch. 100, § 3; Apr. 25.

§50-1204 - (2013) Personal firearms, accessories and ammunition manufactured in Kansas; exempt, interstate commerce
  1. A personal firearm, a firearm accessory or ammunition that is manufactured commercially or privately and owned in Kansas and that remains within the borders of Kansas is not subject to any federal law, treaty, federal regulation, or federal executive action, including any federal firearm or ammunition registration program, under the authority of congress to regulate interstate commerce. It is declared by the legislature that those items have not traveled in interstate commerce. This section applies to a firearm, a firearm accessory or ammunition that is manufactured commercially or privately and owned in the state of Kansas.
  2. Component parts are not firearms, firearms accessories or ammunition, and their importation into Kansas and incorporation into a firearm, a firearm accessory or ammunition manufactured and owned in Kansas does not subject the firearm, firearm accessory or ammunition to federal regulation. It is declared by the legislature that such component parts are not firearms, firearms accessories or ammunition and are not subject to congressional authority to regulate firearms, firearms accessories and ammunition under interstate commerce as if they were actually firearms, firearms accessories or ammunition.
  3. Firearms accessories that are imported into Kansas from another state and that are subject to federal regulation as being in interstate commerce do not subject a firearm to federal regulation under interstate commerce because they are attached to or used in conjunction with a firearm in Kansas.

History: L. 2013, ch. 100, § 4; Apr. 25.

§50-1205 - (2013) Firearms manufactured in Kansas; stamped requirement

A firearm manufactured in Kansas within the meaning of K.S.A. 2014 Supp. 50-1201 through 50-1211, and amendments thereto, must have the words "Made in Kansas" clearly stamped on a central metallic part, such as the receiver or frame.

History: L. 2013, ch. 100, § 5; Apr. 25.

§50-1206 - (2013) Certain federal laws made inapplicable; prohibition against enforcement
  1. Any act, law, treaty, order, rule or regulation of the government of the United States which violates the second amendment to the constitution of the United States is null, void and unenforceable in the state of Kansas.
  2. No official, agent or employee of the state of Kansas, or any political subdivision thereof, shall enforce or attempt to enforce any act, law, treaty, order, rule or regulation of the government of the United States regarding any personal firearm, firearm accessory or ammunition that is manufactured commercially or privately and owned in the state of Kansas and that remains within the borders of Kansas.

History: L. 2013, ch. 100, § 6; Apr. 25.

§50-1207 - (2013) Criminal penalty; certain actions of federal officials

It is unlawful for any official, agent or employee of the government of the United States, or employee of a corporation providing services to the government of the United States to enforce or attempt to enforce any act, law, treaty, order, rule or regulation of the government of the United States regarding a firearm, a firearm accessory, or ammunition that is manufactured commercially or privately and owned in the state of Kansas and that remains within the borders of Kansas. Violation of this section is a severity level 10 nonperson felony. Any criminal prosecution for a violation of this section shall be commenced by service of complaint and summons upon such official, agent or employee. Such official, agent or employee shall not be arrested or otherwise detained prior to, or during the pendency of, any trial for a violation of this section.

History: L. 2013, ch. 100, § 7; Apr. 25.

§50-1208 - (2013) Kansas prosecutors; injunctive relief

A county or district attorney, or the attorney general, may seek injunctive relief in any court of competent jurisdiction to enjoin any official, agent or employee of the government of the United States or employee of a corporation providing services to the government of the United States from enforcing any act, law, treaty, order, rule or regulation of the government of the United States regarding a firearm, a firearm accessory, or ammunition that is manufactured commercially or privately and owned in the state of Kansas and that remains within the borders of Kansas.

History: L. 2013, ch. 100, § 8; Apr. 25.

§50-1209 - (2013) Firearms; exclusions

K.S.A. 2014 Supp. 50-1201 through 50-1211, and amendments thereto, do not apply to:

  1. A firearm that cannot be carried and used by one person;
  2. ammunition with a projectile that explodes using an explosion of chemical energy after the projectile leaves the firearm; or
  3. other than shotguns, a firearm that discharges two or more projectiles with one activation of the trigger or other firing device.

History: L. 2013, ch. 100, § 9; Apr. 25.

§50-1210 - (2013) Application of act

K.S.A. 2014 Supp. 50-1201 through 50-1211, and amendments thereto, apply to firearms, firearms accessories and ammunition that are manufactured, as defined in K.S.A. 2014 Supp. 50-1203, and amendments thereto, owned and remain within the borders of Kansas on and after October 1, 2009.

History: L. 2013, ch. 100, § 10; Apr. 25.

§50-1211 - (2013) Severability

If any provision of K.S.A. 2014 Supp. 50-1201 through 50-1210, and amendments thereto, or the application to any persons or circumstances is held to be invalid, such invalidity shall not affect the other provisions or application of K.S.A. 2014 Supp. 50-1201 through 50-1210, and amendments thereto, and to this end the provisions of K.S.A. 2014 Supp. 50-1201 through 50-1210, and amendments thereto, are declared to be severable.

History: L. 2013, ch. 100, § 11; Apr. 25.

CHAPTER 72 - SCHOOLS

ARTICLE 89a - Weapon-free Schools

§72-89a01 - (2016) Definitions

As used in this act:

  1. "Board of education" means the board of education of a unified school district or the governing authority of an accredited nonpublic school.
  2. "School" means a public school or an accredited nonpublic school.
  3. "Public school" means a school operated by a unified school district organized under the laws of this state.
  4. "Accredited nonpublic school" means a nonpublic school participating in the quality performance accreditation system.
  5. "Chief administrative officer of a school" means, in the case of a public school, the superintendent of schools and, in the case of an accredited nonpublic school, the person designated as chief administrative officer by the governing authority of the school.
  6. "Federal law" means the individuals with disabilities education act, section 504 of the rehabilitation act, the gun-free schools act of 1994, and regulations adopted pursuant to such acts.
  7. "Secretary of education" means the secretary of the United States department of education.
    1. "Weapon" means
      1. any weapon which will or is designed to or may readily be converted to expel a projectile by the action of an explosive;
      2. the frame or receiver of any weapon described in the preceding example;
      3. any firearm muffler or firearm silencer;
      4. any explosive, incendiary, or poison gas
        1. bomb,
        2. grenade,
        3. rocket having a propellant charge of more than four ounces,
        4. missile having an explosive or incendiary charge of more than 1/4 ounce,
        5. mine, or
        6. similar device;
      5. ny weapon which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, and which has any barrel with a bore of more than 1/2 inch in diameter;
      6. any combination of parts either designed or intended for use in converting any device into any destructive device described in the two immediately preceding examples, and from which a destructive device may be readily assembled;
      7. any bludgeon, sandclub, metal knuckles or throwing star;
      8. any knife, commonly referred to as a switch-blade, which has a blade that opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife, or any knife having a blade that opens or falls or is ejected into position by the force of gravity or by an outward, downward or centrifugal thrust or movement;
      9. any electronic device designed to discharge immobilizing levels of electricity, commonly known as a stun gun.
        1. The term "weapon" does not include within its meaning
          1. an antique firearm;
          2. any device which is neither designed nor redesigned for use as a weapon;
          3. any device, although originally designed for use as a weapon, which is redesigned for use as a signaling, pyrotechnic, line throwing, safety, or similar device;
          4. surplus ordinance sold, loaned, or given by the secretary of the army pursuant to the provisions of section 4684(2), 4685, or 4686 of title 10 of the United States Code;
          5. class C common fireworks.

History: L. 1995, ch. 27, §1; L. 1996, ch. 141, §1; L. 1999, ch. 124, §3; L. 2001, ch. 119, §3; July 1; L. 2016.

§72-89a02 - Policies requiring expulsion of pupils for possession of weapons, adoption, filing; hearings; modification of requirement authorized; referral procedure; annual report; circumstances when policy not applicable
  1. Notwithstanding the provisions of subsection (a) of K.S.A. 72-8902, and amendments thereto, and subject to the other provisions of this section, each board of education in this state shall adopt a written policy requiring the expulsion from school for a period of not less than one year any pupil determined to be in possession of a weapon at school, on school property, or at a school supervised activity. The policy shall be filed with the state board of education in such manner as the state board shall require and at a time to be determined and specified by the state board.
  2. To the extent that the provisions contained in article 89 of chapter 72 of Kansas Statutes Annotated do not conflict with the requirements of this act, such provisions shall apply to and be incorporated in the policy required to be adopted under subsection (a).
  3. If a pupil required to be expelled pursuant to a policy adopted under subsection (a) is confined in the custody of the secretary of social and rehabilitation services, the commissioner of juvenile justice or the secretary of corrections as a result of the violation upon which the expulsion is to be based, the hearing required under the provisions of article 89 of chapter 72 of Kansas Statutes Annotated shall be delayed until the pupil is released from custody.
  4. A hearing afforded a pupil required to be expelled pursuant to a policy adopted under subsection (a) shall be conducted by the chief administrative officer or other certificated employee of the school in which the pupil is enrolled, by any committee of certificated employees of the school in which the pupil is enrolled, or by a hearing officer appointed by the board of education of the school in which the pupil is enrolled.
  5. The chief administrative officer of the school in which a pupil required to be expelled pursuant to a policy adopted under subsection (a) is enrolled may modify the expulsion requirement in a manner which is consistent with the requirements of federal law. Nothing in this subsection shall be applied or construed in any manner so as to require the chief administrative officer of a school to modify the expulsion requirement of a policy adopted by a board of education pursuant to the provisions of subsection (a).
  6. The policy adopted by a board of education under subsection (a) shall contain a procedure for the referral of any pupil determined to be in possession of a weapon at school, on school property, or at a school supervised activity to the appropriate state and local law enforcement agencies and, if the pupil is a juvenile, to the secretary of social and rehabilitation services or the commissioner of juvenile justice.
  7. Each board of education shall prepare an annual report on a form prescribed and furnished by the state board of education that contains a description of the circumstances surrounding any expulsions imposed on pupils pursuant to a policy adopted under subsection (a), including the name of the school or schools concerned, the number of pupils expelled, and the type of weapons concerned. The report shall be submitted to the state board of education in such manner as the state board shall require and at a time to be determined and specified by the state board.
  8. The provisions of this section do not apply to the possession by pupils of weapons at school, on school property, or at a school supervised activity if the possession of weapons by pupils is connected with a weapons safety course of instruction or a weapons education course approved and authorized by the school or if the possession of weapons by pupils is specifically authorized in writing by the chief administrative officer of the school.

History: L. 1995, ch. 27, §2; L. 1996, ch. 141, §2; L. 1997, ch. 156, §85; July 1.

CHAPTER 75 - STATE DEPARTMENTS; PUBLIC OFFICERS AND EMPLOYEES

ARTICLE 7c - Firearms

§75-7c01 - (2015) Personal and family protection act;

citation of act. K.S.A. 2014 Supp. 75-7c01 through 75-7c23, and amendments thereto, shall be known and may be cited as the personal and family protection act.

History: L. 2006, ch. 32, §1; L. 2010, ch. 140, §1; July 1; L. 2015, SB45, §7.

§75-7c02 - Definitions

As used in the personal and family protection act:

  1. "Attorney general" means the attorney general of the state of Kansas.
  2. "Handgun" means a "firearm," as defined in K.S.A. 75-7b01, and amendments thereto.
  3. "Athletic event" means athletic instruction, practice or competition held at any location and including any number of athletes.
  4. "Dependent" means a resident of the household of an active duty member of any branch of the armed forces of the United States who depends in whole or in substantial part upon the member for financial support.

History: L. 2006, ch. 32, §2; L. 2010, ch. 140, §2; July 1.

§75-7c03 - (2015) License to carry concealed handgun; issuance; form; display on demand of law enforcement officer; reciprocity
  1. The attorney general shall issue licenses to carry concealed handguns to persons who comply with the application and training requirements of this act and who are not disqualified under K.S.A. 2014 Supp. 75-7c04, and amendments thereto. Such licenses shall be valid throughout the state for a period of four years from the date of issuance. The availability of licenses to carry concealed handguns under this act shall not be construed to impose a general prohibition on the carrying of handguns without such license, whether carried openly or concealed, or loaded or unloaded.
  2. The license shall be a separate card, in a form prescribed by the attorney general, that is approximately the size of a Kansas driver's license and shall bear the licensee's signature, name, address, date of birth and driver's license number or nondriver's identification card number except that the attorney general shall assign a unique number for military applicants or their dependents described in K.S.A. 2014 Supp. 75-7c05, and amendments thereto.

History: L. 2006, ch. 32, §3; L. 2006, ch. 210, §1; L. 2009, ch. 101, §1; L. 2010, ch. 140, §3; L. 2011, ch. 30, §266; July 1.; L. 2013, ch. 36, § 4; July 1; L. 2015, SB45, §8.

§75-7c04 - (2016) Same; disqualifications; handgun safety and training course
  1. The attorney general shall not issue a license pursuant to this act if the applicant:
    1. Is not a resident of the county where application for licensure is made or is not a resident of the state;
    2. is prohibited from shipping, transporting, possessing or receiving a firearm or ammunition under 18 U.S.C. §922(g) or (n), and amendments thereto, or K.S.A. 21-4204, prior to its repeal, or subsection (a)(10) through (a)(13) of K.S.A. 2014 Supp. 21-6301 or subsections (a)(1) through (a)(3) of K.S.A. 2014 Supp. 21-6304, and amendments thereto; or
    3. is less than 21 years of age.
    1. The attorney general shall adopt rules and regulations establishing procedures and standards as authorized by this act for an eight-hour handgun safety and training course required by this section. Such standards shall include:
      1. A requirement that trainees receive training in the safe storage of handguns, actual firing of weapons and instruction in the laws of this state governing the carrying of concealed handguns and the use of deadly force;
      2. general guidelines for courses which are compatible with the industry standard for basic firearms training for civilians;
      3. qualifications of instructors; and
      4. a requirement that the course be:
        1. A handgun course certified or sponsored by the attorney general; or
        2. A handgun course certified or sponsored by the national rifle association or by a law enforcement agency, college, private or public institution or organization or handgun training school, if the attorney general determines that such course meets or exceeds the standards required by rules and regulations adopted by the attorney general and is taught by instructors certified by the attorney general or by the national rifle association, if the attorney general determines that the requirements for certification of instructors by such association meet or exceed the standards required by rules and regulations adopted by the attorney general. Any person wanting to be certified by the attorney general as an instructor shall submit to the attorney general an application in the form required by the attorney general and a fee not to exceed $150.
    2. The cost of the handgun safety and training course required by this section shall be paid by the applicant. The following shall constitute satisfactory evidence of satisfactory completion of an approved handgun safety and training course:
      1. Evidence of completion of a course that satisfies the requirements of subsection (b)(1), in the form provided by rules and regulations adopted by the attorney general;
      2. an affidavit from the instructor, school, club, organization or group that conducted or taught such course attesting to the completion of the course by the applicant; or
      3. evidence of completion of a course offered in another jurisdiction which is determined by the attorney general to have training requirements that are equal to or greater than those required by this act; or
      4. a determination by the attorney general pursuant to subsection (d) of K.S.A. 2014 Supp. 75-7c03, and amendments thereto.
  2. The attorney general may:
    1. Create a list of concealed carry handgun licenses or permits issued by other jurisdictions which the attorney general finds have training requirements that are equal to or greater than those of this state; and
    2. review each application received pursuant to K.S.A. 2016 Supp. 75-7c05, and amendments thereto, to determine if the applicant's previous training qualifications were equal to or greater than those of this state.
  3. For the purposes of this section:
    1. "Equal to or greater than" means the applicant's prior training meets or exceeds the training established in this section by having required, at a minimum, the applicant to:
      1. Receive instruction on the laws of self-defense; and
      2. demonstrate training and competency in the safe handling, storage and actual firing of handguns.
    2. "Jurisdiction" means another state or the District of Columbia.
    3. "License or permit" means a concealed carry handgun license or permit from another jurisdiction which has not expired and, except for any residency requirement of the issuing jurisdiction, is currently in good standing.

History: L. 2006, ch. 32, §4; L. 2006, ch. 210, §2; L. 2007, ch. 166, §4; L. 2008, ch. 162, §3; L. 2009, ch. 101, §2; L. 2009, ch. 143, §29; L. 2010, ch. 140, §4; L. 2011, ch. 30, §267; July 1.; L. 2013, ch. 36, § 5; July 1; L. 2014, ch. 97, §15; L. 2015, ch. 16, § 9; L. 2015, ch. 93, § 2; L. 2016, ch. 86, § 3; July 1

Revisor's Note: Section was also amended by L. 2009, ch. 32, §60, but that version was repealed by L. 2009, ch. 143, §37. Section was also amended by L. 2010, ch. 74, §16, but that version was repealed by L. 2010, ch. 140, §18.

§75-7c05 - (2016) Same; application; fees; fingerprints; sheriff's report; criminal history records report; issuance or denial of license; requirements for retired law enforcement officers
  1. The application for a license pursuant to this act shall be completed, under oath, on a form prescribed by the attorney general and shall only include:
      1. Subject to the provisions of subsection (a)(1)(B), the name, address, social security number, Kansas driver's license number or Kansas nondriver's license identification number, place and date of birth, a photocopy of the applicant's driver's license or nondriver's identification card and a photocopy of the applicant's certificate of training course completion;
      2. in the case of an applicant who presents proof that such person is on active duty with any branch of the armed forces of the United States, or is the dependent of such a person, and who does not possess a Kansas driver's license or Kansas nondriver's license identification, the number of such license or identification shall not be required;
    1. a statement that the applicant is in compliance with criteria contained within K.S.A. 2014 Supp. 75-7c04, and amendments thereto;
    2. a statement that the applicant has been furnished a copy of this act and is knowledgeable of its provisions;
    3. a conspicuous warning that the application is executed under oath and that a false answer to any question, or the submission of any false document by the applicant, subjects the applicant to criminal prosecution under K.S.A. 2014 Supp. 21-5903, and amendments thereto; and
    4. a statement that the applicant desires a concealed handgun license as a means of lawful self-defense.
  2. Except as otherwise provided in subsection (i), the applicant shall submit to the sheriff of the county where the applicant resides, during any normal business hours:
    1. A completed application described in subsection (a);
    2. a nonrefundable license fee of $132.50, if the applicant has not previously been issued a statewide license or if the applicant's license has permanently expired, which fee shall be in the form of two cashier's checks, personal checks or money orders of $32.50 payable to the sheriff of the county where the applicant resides and $100 payable to the attorney general;
    3. if applicable, a photocopy of the proof of training required by K.S.A. 2014 Supp. 75-7c04(b)(1), and amendments thereto; and
    4. a full frontal view photograph of the applicant taken within the preceding 30 days.
    1. Except as otherwise provided in subsection (i), the sheriff, upon receipt of the items listed in subsection (b), shall provide for the full set of fingerprints of the applicant to be taken and forwarded to the attorney general for purposes of a criminal history records check as provided by subsection (d). In addition, the sheriff shall forward to the attorney general the application and the portion of the original license fee which is payable to the attorney general. The cost of taking such fingerprints shall be included in the portion of the fee retained by the sheriff. Notwithstanding anything in this section to the contrary, an applicant shall not be required to submit fingerprints for a renewal application under K.S.A. 2014 Supp. 75-7c08, and amendments thereto.
    2. The sheriff of the applicant's county of residence or the chief law enforcement officer of any law enforcement agency, at the sheriff's or chief law enforcement officer's discretion, may participate in the process by submitting a voluntary report to the attorney general containing readily discoverable information, corroborated through public records, which, when combined with another enumerated factor, establishes that the applicant poses a significantly greater threat to law enforcement or the public at large than the average citizen. Any such voluntary reporting shall be made within 45 days after the date the sheriff receives the application. Any sheriff or chief law enforcement officer submitting a voluntary report shall not incur any civil or criminal liability as the result of the good faith submission of such report.
    3. All funds retained by the sheriff pursuant to the provisions of this section shall be credited to a special fund of the sheriff's office which shall be used solely for the purpose of administering this act.
  3. Each applicant shall be subject to a state and national criminal history records check which conforms to applicable federal standards, including an inquiry of the national instant criminal background check system for the purpose of verifying the identity of the applicant and whether the applicant has been convicted of any crime or has been the subject of any restraining order or any mental health related finding that would disqualify the applicant from holding a license under this act. The attorney general is authorized to use the information obtained from the state or national criminal history record check to determine the applicant's eligibility for such license.
  4. Within 90 days after the date of receipt of the items listed in subsection (b), the attorney general shall:
    1. Issue the license and certify the issuance to the department of revenue; or
    2. deny the application based solely on:
      1. The report submitted by the sheriff or other chief law enforcement officer under subsection (c)(2) for good cause shown therein; or
      2. The ground that the applicant is disqualified under the criteria listed in K.S.A. 2014 Supp. 75-7c04, and amendments thereto. If the attorney general denies the application, the attorney general shall notify the applicant in writing, stating the ground for denial and informing the applicant the opportunity for a hearing pursuant to the Kansas administrative procedure act.
  5. Each person issued a license shall pay to the department of revenue a fee for the cost of the license which shall be in amounts equal to the fee required pursuant to K.S.A. 8-243 and 8-246, and amendments thereto, for replacement of a driver's license.
    1. A person who is a retired law enforcement officer, as defined in K.S.A. 2014 Supp. 21-5111, and amendments thereto, shall be:
      1. Required to pay an original license fee as provided in subsection (b)(2), to be forwarded by the sheriff to the attorney general;
      2. exempt from the required completion of a handgun safety and training course if such person was certified by the Kansas commission on peace officer's standards and training, or similar body from another jurisdiction, not more than eight years prior to submission of the application;
      3. required to pay the license renewal fee;
      4. required to pay to the department of revenue the fees required by subsection (f); and
      5. required to comply with the criminal history records check requirement of this section.
    2. Proof of retirement as a law enforcement officer shall be required and provided to the attorney general in the form of a letter from the agency head, or their designee, of the officer's retiring agency that attests to the officer having retired in good standing from that agency as a law enforcement officer for reasons other than mental instability and that the officer has a nonforfeitable right to benefits under a retirement plan of the agency.
    3. person who is a corrections officer, a parole officer or a corrections officer employed by the federal bureau of prisons, as defined by K.S.A. 75-5202, and amendments thereto, shall be:
      1. Required to pay an original license fee as provided in subsection (b)(2);
      2. exempt from the required completion of a handgun safety and training course if such person was issued a certificate of firearms training by the department of corrections or the federal bureau of prisons or similar body not more than one year prior to submission of the application;
      3. required to pay the license renewal fee;
      4. required to pay to the department of revenue the fees required by subsection (f); and
      5. required to comply with the criminal history records check requirement of this section.
  6. A person who is a corrections officer, a parole officer or a corrections officer employed by the federal bureau of prisons, as defined by K.S.A. 75-5202, and amendments thereto, shall be:
    1. Required to pay an original license fee as provided in subsection (b)(2);
    2. exempt from the required completion of a handgun safety and training course if such person was issued a certificate of firearms training by the department of corrections or the federal bureau of prisons or similar body not more than one year prior to submission of the application;
    3. required to pay the license renewal fee;
    4. required to pay to the department of revenue the fees required by subsection (f); and
    5. required to comply with the criminal history records check requirement of this section.
  7. A person who presents proof that such person is on active duty with any branch of the armed forces of the United States and is stationed at a United States military installation located outside this state, may submit by mail an application described in subsection (a) and the other materials required by subsection (b) to the sheriff of the county where the applicant resides. Provided the applicant is fingerprinted at a United States military installation, the applicant may submit a full set of fingerprints of such applicant along with the application. Upon receipt of such items, the sheriff shall forward to the attorney general the application and the portion of the original license fee which is payable to the attorney general.

History: L. 2006, ch. 32, §5; L. 2006, ch. 210, §3; L. 2009, ch. 101, §3; L. 2010, ch. 140, §5; L. 2011, ch. 30, §268; July 1.; L. 2013, sb. 21 §6 July 1; L. 2013, ch. 105, §7; L. 2013, ch. 133, § 27; July 1; L. 2015, ch. 16, § 10; L. 2016, ch. 86, § 4; July 1.

§75-7c06 - (2013) Same; records related to licenses, disclosure; address change or loss or destruction of license, requirements
  1. The attorney general shall be the official custodian of all records relating to licenses issued pursuant to the personal and family protection act.
  2. 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.
  3. 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.
  4. 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.
  5. Within 30 days after the changing of a permanent address, or within 30 days after the discovery that a license has been lost or destroyed, the licensee shall notify the attorney general of such change, loss or destruction. The attorney general, upon notice and opportunity for hearing in accordance with the provisions of the Kansas administrative procedure act, may order a licensee to pay a fine of not more than $100, or may suspend the licensee's license for not more than 180 days, for failure to notify the attorney general pursuant to the provisions of this subsection.
  6. In the event that a concealed handgun license is lost or destroyed, the license shall be automatically invalid, and the person to whom the license was issued, upon payment of $15 to the attorney general, may obtain a duplicate, or substitute thereof, upon furnishing a notarized statement to the attorney general that such license has been lost or destroyed.

History: L. 2006, ch. 32, §6; L. 2006, ch. 210, §4; L. 2010, ch. 140, §6; July 1; L. 2013, ch. 105, § 8; July 1.

§75-7c07 - (2013) Same; denial, revocation or suspension; change of residency
  1. In accordance with the provisions of the Kansas administrative procedure act, the attorney general shall deny a license to any applicant for license who is ineligible under K.S.A. 2014 Supp. 75-7c04, and amendments thereto, and, except as provided by subsection (b), shall revoke at any time the license of any person who would be ineligible under K.S.A. 2014 Supp. 75-7c04, and amendments thereto, if submitting an application for a license at such time. Review by the district court in accordance with the Kansas judicial review act shall be, at the option of the party seeking review, in Shawnee county or the county in which the petitioner resides. The revocation shall remain in effect pending any appeal and shall not be stayed by the court.
  2. The license of a person who is charged for an offense or is subject to a proceeding that could render the person ineligible pursuant to subsection (a) of K.S.A. 2014 Supp. 75-7c04, and amendments thereto, shall be subject to suspension and shall be reinstated upon final disposition of the charge or outcome of the proceeding as long as the arrest or proceeding does not result in a disqualifying conviction, commitment, finding or order.
  3. The sheriff of the county where a restraining order is issued that would prohibit issuance of a license under subsection (a)(2) of K.S.A. 2014 Supp. 75-7c04, and amendments thereto, shall notify the attorney general immediately upon receipt of such order. If the person subject to the restraining order holds a license issued pursuant to this act, the attorney general immediately shall suspend such license upon receipt of notice of the issuance of such order. The attorney general shall adopt rules and regulations establishing procedures which allow for 24-hour notification and suspension of a license under the circumstances described in this subsection. The attorney general shall immediately reinstate the license, if it has not otherwise expired, upon proof of the cancellation of the order.
    1. If the provisions of paragraph (2) are met, a license issued pursuant to this act shall not be revoked until 90 days after the person issued such license is no longer a resident of this state, if being a nonresident of this state is the only grounds for revocation.
    2. A license issued pursuant to this act shall be considered valid for 90 days after a licensee is no longer a resident of Kansas, provided that:
      1. Prior to the change in residency, the licensee notified the attorney general in writing of the pending change; and
      2. the licensee's new state of residence, or any other state or jurisdiction that such licensee travels to during the 90-day period, would recognize such license as valid.
  4. A person who has been issued a license pursuant to this act and who gave up residency in this state, but has returned to reside in this state shall be eligible to have their license reinstated as valid provided that:
    1. The license has not expired; and
      1. the licensee notified the attorney general in writing of both the residency departure and relocation back to this state; or
      2. if such licensee failed to comply with the notification requirements of this subsection, the penalty provisions of subsection (e) of K.S.A. 2014 Supp. 75-7c06, and amendments thereto, have been satisfied.

History: L. 2006, ch. 32, §7; L. 2006, ch. 210, §5; L. 2010, ch. 140, §7; July 1.; L. 2013, ch. 36, § 7; July 1.

Revisor's Note: Section was also amended by L. 2010, ch. 17, §193, but that version was repealed by L. 2010, ch. 140, §18; L. 2013, sb. 21 §7; July 1.

§75-7c08 - Same; renewal; fees; permanent expiration, when
  1. Not less than 90 days prior to the expiration date of the license, the attorney general shall mail to the licensee a written notice of the expiration and a renewal form prescribed by the attorney general. The licensee shall renew the license on or before the expiration date by filing with the attorney general the renewal form, a notarized affidavit, either in person or by certified mail, stating that the licensee remains qualified pursuant to the criteria specified in K.S.A. 2014 Supp. 75-7c04, and amendments thereto, a full frontal view photograph of the applicant taken within the preceding 30 days and a nonrefundable license renewal fee of $25 payable to the attorney general. The attorney general shall complete a name-based background check, including a search of the national instant criminal background check system database. A licensee who fails to file a renewal application on or before the expiration date of the license must pay an additional late fee of $15. A renewal application is considered filed on the date the renewal form, affidavit, and required fees are delivered in person to the attorney general's office or on the date a certified mailing to the attorney general's office containing these items is postmarked.
  2. Upon receipt of a renewal application as specified in subsection (a), a background check in accordance with subsection (d) of K.S.A. 2014 Supp. 75-7c05, and amendments thereto, shall be completed. Fingerprints shall not be required for renewal applications. If the licensee is not disqualified as provided by this act, the license shall be renewed upon receipt by the attorney general of the items listed in subsection (a) and the completion of the background check.
  3. No license shall be renewed if the renewal application is filed six months or more after the expiration date of the license, and such license shall be deemed to be permanently expired. A person whose license has been permanently expired may reapply for licensure but an application for licensure and fees pursuant to K.S.A. 2014 Supp. 75-7c05, and amendments thereto, shall be submitted, and a background investigation including the submission of fingerprints, shall be conducted pursuant to the provisions of that section.

History: L. 2006, ch. 32, §8; L. 2006, ch. 210, §6; L. 2010, ch. 140, §8; July 1.

§75-7c09 - False statements, warning on application

The application form for an original license and for a renewal license shall include, in a conspicuous place, the following: "WARNING: A false statement on this application may subject the applicant to prosecution for the crime of perjury (K.S.A. 2014 Supp. 21-5903, and amendments thereto)."

History: L. 2006, ch. 32, §9; L. 2011, ch. 30, §269; July 1.

§75-7c10 - (2016) Same; restrictions on carrying concealed handgun on certain property; exceptions; penalties for violations
  1. The carrying of a concealed handgun shall not be prohibited in any building unless such building is conspicuously posted in accordance with rules and regulations adopted by the attorney general:
  2. Nothing in this act shall be construed to prevent any private employer from restricting or prohibiting by personnel policies persons from carrying a concealed handgun while on the premises of the employer's business or while engaged in the duties of the person's employment by the employer, except that no employer may prohibit possession of a handgun in a private means of conveyance, even if parked on the employer's premises.
    1. Any private entity which provides adequate security measures in a private building and which conspicuously posts signage in accordance with this section prohibiting the carrying of a concealed handgun in such building as authorized by the personal and family protection act shall not be liable for any wrongful act or omission relating to actions of persons carrying a concealed handgun concerning acts or omissions regarding such handguns.
    2. Any private entity which does not provide adequate security measures in a private building and which allows the carrying of a concealed handgun as authorized by the personal and family protection act shall not be liable for any wrongful act or omission relating to actions of persons licensed to carry a concealed handgun concerning acts or omissions regarding such handguns.
    3. Nothing in this act shall be deemed to increase the liability of any private entity where liability would have existed under the personal and family protection act prior to the effective date of this act.
  3. The governing body or the chief administrative officer, if no governing body exists, of any of the following institutions may permit any employee, who is legally qualified, to carry a concealed handgun in any building of such institution, if the employee meets such institution's own policy requirements regardless of whether such building is conspicuously posted in accordance with the provisions of this section:
    1. A unified school district;
    2. a postsecondary educational institution, as defined in K.S.A. 74-3201b, and amendments thereto;
    3. a state or municipal-owned medical care facility, as defined in K.S.A. 65-425, and amendments thereto;
    4. a state or municipal-owned adult care home, as defined in K.S.A. 39-923, and amendments thereto;
    5. a community mental health center organized pursuant to K.S.A. 19-4001 et seq., and amendments thereto; or
    6. an indigent health care clinic, as defined by K.S.A. 2014 Supp. 65-7402, and amendments thereto.
  4. No public employer shall restrict or otherwise prohibit by personnel policies any employee, who is legally qualified, from carrying any concealed handgun while engaged in the duties of such employee's employment outside of such employer's place of business, including while in a means of conveyance.
    1. It shall be a violation of this section to carry a concealed handgun in violation of any restriction or prohibition allowed by subsection (a) or (b) if the building is posted in accordance with rules and regulations adopted by the attorney general pursuant to subsection (i). Any person who violates this section shall not be subject to a criminal penalty but may be subject to denial to such premises or removal from such premises.
    2. Notwithstanding the provisions of subsection (a) or (b), it is not a violation of this section for the United States attorney for the district of Kansas, the attorney general, any district attorney or county attorney, any assistant United States attorney if authorized by the United States attorney for the district of Kansas, any assistant attorney general if authorized by the attorney general, or any assistant district attorney or assistant county attorney if authorized by the district attorney or county attorney by whom such assistant is employed, to possess a handgun within any of the buildings described in subsection (a) or (b), subject to any restrictions or prohibitions imposed in any courtroom by the chief judge of the judicial district.
    3. Notwithstanding the provisions of subsection (a) or (b), it is not a violation of this section for a law enforcement officer as that term is defined in K.S.A. 2014 Supp. 75-7c22, and amendments thereto, who satisfies the requirements of either K.S.A. 2014 Supp. 75-7c22 (a) or (b), and amendments thereto, to possess a handgun within any of the buildings described in subsection (a) or (b), subject to any restrictions or prohibitions imposed in any courtroom by the chief judge of the judicial district.
  5. The provisions of this section shall not apply to the carrying of a concealed handgun in the state capitol.
  6. For the purposes of this section,
    1. Adequate security measures" shall have the same meaning as the term is defined in K.S.A. 2014 Supp. 75-7c20, and amendments thereto;
    2. "building" shall not include any structure, or any area of any structure, designated for the parking of motor vehicles.
    3. "public employer" means the state and any municipality as those terms are defined in K.S.A. 75-6102, and amendments thereto, except the term "public employer" shall not include school districts.
  7. Nothing in this act shall be construed to authorize the carrying or possession of a handgun where prohibited by federal law.
  8. The attorney general shall adopt rules and regulations prescribing the location, content, size and other characteristics of signs to be posted on a building where carrying a concealed handgun is prohibited pursuant to subsections (a) and (b). Such regulations shall prescribe, at a minimum, that:
    1. The signs be posted at all exterior entrances to the prohibited buildings;
    2. the signs be posted at eye level of adults using the entrance and not more than 12 inches to the right or left of such entrance;
    3. the signs not be obstructed or altered in any way; and
    4. signs which become illegible for any reason be immediately replaced.

History: L. 2006, ch. 32, §10; L. 2006, ch. 210, §7; L. 2007, ch. 166, §5; L. 2009, ch. 92, §5; L. 2010, ch. 140, §9; July 1; L. 2013, ch. 105, § 9; July 1; L. 2014, ch. 134, § 4; July 1; L. 2015, ch. 16, § 11; L. 2016, ch. 86, § 5; July 1.

§75-7c13 - Concealed handgun licensure fund; uses of moneys
  1. All moneys received by the attorney general pursuant to this act shall be remitted to the state treasurer who shall deposit the entire amount in the state treasury and credit it to the concealed handgun licensure fund, which is hereby created in the state treasury.
  2. Moneys in the concealed handgun licensure fund shall be used only for:
    1. Payment of the expenses of administration of the personal and family protection act; and
    2. transfers to the county law enforcement equipment fund and to the forensic laboratory and materials fee fund as provided by subsection (e).
  3. On or before the 10th day of each month, the director of accounts and reports shall transfer from the state general fund to the concealed handgun licensure fund the amount of money certified by the pooled money investment board in accordance with this subsection. Prior to the 10th day of each month, the pooled money investment board shall certify to the director of accounts and reports the amount of money equal to the proportionate amount of all the interest credited to the state general fund for the preceding month, pursuant to K.S.A. 75-4210a, and amendments thereto, that is attributable to moneys in the concealed handgun licensure fund. Such amount of money shall be determined by the pooled money investment board based on:
    1. The average daily balance of moneys in the concealed handgun licensure fund for the preceding month; and
    2. the net earnings for the pooled money investment portfolio for the preceding month.
  4. All expenditures from the concealed handgun licensure fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the attorney general for the purposes set forth in this section.
  5. The attorney general shall certify to the director of accounts and reports on each July 1 and January 1 after moneys are first credited to the concealed handgun licensure fund the amount of moneys in such fund needed to administer this act. On or before the 15th day of each month after moneys are first credited to the concealed handgun licensure fund, the director of accounts and reports shall transfer moneys in the concealed handgun licensure fund as follows:
    1. Of the amount in excess of the amount certified by the attorney general, 20% shall be credited to the county law enforcement equipment fund; and
    2. the remaining 80% shall be credited to a separate account in the forensic laboratory and materials fee fund cited in K.S.A. 28-176, and amendments thereto, to be used solely to assist city and county law enforcement agencies to obtain prompt laboratory services from the bureau. Moneys credited to the forensic laboratory and materials fee fund as provided by this subsection shall be used to supplement existing appropriations and shall not be used to supplant general fund appropriations to the attorney general.

History: L. 2006, ch. 32, §13; L. 2010, ch. 140, §11; July 1.

§75-7c14 - County law enforcement equipment fund; uses of moneys
  1. There is hereby created in the state treasury the county law enforcement equipment fund.
  2. Moneys in the county law enforcement equipment fund shall be used only to fund grants to sheriffs' departments for purchases of law enforcement equipment other than motor vehicles. Such grants shall be administered by the attorney general. Such grants shall be based on applications submitted by sheriffs' departments that demonstrate the need for the equipment for which the grant is sought and substantiate that grant moneys will not be used to supplant existing funding of the recipient sheriff's department.
  3. On or before the 10th day of each month, the director of accounts and reports shall transfer from the state general fund to the county law enforcement equipment fund interest earnings based on:
    1. The average daily balance of moneys in the county law enforcement equipment fund for the preceding month; and
    2. the net earnings rate of the pooled money investment portfolio for the preceding month.
  4. All expenditures from the county law enforcement equipment fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the attorney general for the purposes set forth in this section.

History: L. 2006, ch. 32, §14; July 1.

§75-7c15 - Liability insurance, persons conducting handgun safety and training courses

The committee on surety bonds and insurance, within the limitations of appropriations made therefor, shall purchase such liability insurance as it deems necessary for the protection of persons engaged in conducting an approved handgun safety and training course against any liability for injuries or damages arising from the conducting of such course of instruction by such persons.

History: L. 2006, ch. 32, §15; L. 2010, ch. 140, §12; July 1.

§75-7c16 - Rules and regulations; annual report
  1. The attorney general shall adopt such rules and regulations as necessary to administer the provisions of this act.
  2. On or before January 1 of each year, the attorney general shall submit a statistical report to the governor, president of the senate, the senate minority leader, the speaker of the house of representatives and the house minority leader indicating the number of licenses issued, revoked, suspended and denied during the preceding fiscal year and the reasons for the revocations, suspensions and denials.

History: L. 2006, ch. 32, §16; July 1.

§75-7c17 - (2015) Legislative findings regarding uniform standards for licensing and regulation; certain local ordinances and resolutions inapplicable to licensees; limitations on authority of attorney general; liberal construction of act
  1. The legislature finds as a matter of public policy and fact that it is necessary to provide statewide uniform standards for issuing licenses to carry concealed handguns for self-defense and finds it necessary to occupy the field of regulation of the bearing of concealed handguns for self-defense to ensure that no honest, law-abiding person who qualifies under the provisions of this act is subjectively or arbitrarily denied the person's rights. No city, county or other political subdivision of this state shall regulate, restrict or prohibit the carrying of concealed handguns by individuals except as provided in K.S.A. 2014 Supp. 21-6301, 21-6302, 21-6304, 21-6309, 75-7c10 or 75-7c20, and amendments thereto, K.S.A. 21-4218(f), prior to its repeal. Any existing or future law, ordinance, rule, regulation or resolution enacted by any city, county or other political subdivision of this state that regulates, restricts or prohibits the carrying of concealed handguns by individuals except as provided in K.S.A. 2014 Supp. 21-6301, 21-6302, 21-6304, 21-6309, 75-7c10 or 75-7c20, and amendments thereto, or K.S.A. 21-4218(f), prior to its repeal, shall be null and void.
  2. Prosecution of any person under the personal and family protection act, and amendments thereto, shall be done through the district court.
  3. The legislature does not delegate to the attorney general the authority to regulate or restrict the issuing of licenses provided for in this act, beyond those provisions of this act pertaining to licensing and training. Subjective or arbitrary actions or rules and regulations which encumber the issuing process by placing burdens on the applicant beyond those sworn statements and specified documents detailed in this act or which create restrictions beyond those specified in this act are in conflict with the intent of this act and are prohibited.
  4. This act shall be liberally construed. This act is supplemental and additional to existing constitutional rights to bear arms and nothing in this act shall impair or diminish such rights.

History: L. 2006, ch. 32, §17; L. 2007, ch. 166, §7; L. 2010, ch. 140, §13; L. 2011, ch. 30, §270; July 1; L. 2013, ch. 105, § 10; July 1; L. 2015, SB45, §12.

§75-7c18 - Severability

If any provision of this act or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application. To this end the provisions of this act are severable.

History: L. 2006, ch. 32, §18; July 1.

§75-7c19 - United States, district and county attorneys, attorney general and assistants; licensure and training requirements

Any person not subject to the provisions of subsection (a) of K.S.A. 21-4201, prior to its repeal, or subsections (a)(1) through (a)(6) of K.S.A. 2014 Supp. 21-6301 or subsections (a)(1) through (a)(5) of K.S.A. 2014 Supp. 21-6302, and amendments thereto, under the authority of paragraph (7) of subsection (c) of K.S.A. 21-4201, prior to its repeal, or subsection (d)(7) of K.S.A. 2014 Supp. 21-6302, and amendments thereto, shall obtain at their own expense, and maintain a license to carry concealed handguns as authorized by K.S.A. 2014 Supp. 75-7c01 et seq., and amendments thereto. In addition, such person shall complete a handgun training course as determined by the director of police training of the law enforcement training center.

History: L. 2009, ch. 92, §4; L. 2010, ch. 140, §14; L. 2011, ch. 30, §271; July 1.

§75-7c20 - (2016) Carrying of a concealed handgun
  1. The carrying of a concealed handgun shall not be prohibited in any public area of any state or municipal building unless such 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 with either permanent or temporary signage approved by the governing body, or the chief administrative officer, if no governing body exists, in accordance with K.S.A. 2016 Supp. 75-7c10, and amendments thereto.
  2. The carrying of a concealed handgun shall not be prohibited throughout any state or municipal building in its entirety unless such building has adequate security measures at all public access entrances to ensure that no weapons are permitted to be carried into such building and the building is conspicuously posted in accordance with K.S.A. 2016 Supp. 75-7c10, and amendments thereto.
  3. No state agency or municipality shall prohibit an employee from carrying a concealed handgun at the employee's work place unless the building has adequate security measures at all public access entrances to ensure that no weapons are permitted to be carried into such building and the building is conspicuously posted in accordance with K.S.A. 2016 Supp. 75-7c10, and amendments thereto.
    1. It shall not be a violation of the personal and family protection act for a person to carry a concealed handgun into a state or municipal building, or any public area thereof, so long as that person has authority to enter through a restricted access entrance into such building, or public area thereof, which provides adequate security measures at all public access entrances and the building, or public area thereof, is conspicuously posted in accordance with K.S.A. 2016 Supp. 75-7c10, and amendments thereto.
    2. Any person, who is not an employee of the state or a municipality and is not otherwise authorized to enter a state or municipal building through a restricted access entrance, shall be authorized to enter through a restricted access entrance, provided such person:
      1. Is authorized by the chief law enforcement officer, governing body, or the chief administrative officer, if no governing body exists, to enter such state or municipal building through a restricted access entrance;
      2. is issued an identification card by the chief law enforcement officer, governing body, or the chief administrative officer, if no governing body exists, which includes such person's photograph, name and any other identifying information deemed necessary by the issuing entity, and which states on the identification card that such person is authorized to enter such building through a restricted access entrance; and
      3. executes an affidavit or other notarized statement that such person acknowledges that certain firearms and weapons may be prohibited in such building and that violating any such regulations may result in the revocation of such person's authority to enter such building through a restricted access entrance.
    The chief law enforcement officer, governing body, or the chief administrative officer, if no governing body exists, shall develop criteria for approval of individuals subject to this paragraph to enter the state or municipal building through a restricted access entrance. Such criteria may include the requirement that the individual submit to a state and national criminal history records check before issuance and renewal of such authorization and pay a fee to cover the costs of such background checks. An individual who has been issued a concealed carry permit by the state of Kansas shall not be required to submit to another state and national criminal records check before issuance and renewal of such authorization. Notwithstanding any authorization granted under this paragraph, an individual may be subjected to additional security screening measures upon reasonable suspicion or in circumstances where heightened security measures are warranted. Such authorization does not permit the individual to carry a concealed weapon into a public building, which has adequate security measures, as defined by this act, and which is conspicuously posted in accordance with K.S.A. 2016 Supp. 75-7c10, and amendments thereto.
  4. A state agency or municipality which provides adequate security measures in a state or municipal building and which conspicuously posts signage in accordance with K.S.A. 2014 Supp. 75-7c10, and amendments thereto, prohibiting the carrying of a concealed handgun in such building shall not be liable for any wrongful act or omission relating to actions of persons carrying a concealed handgun concerning acts or omissions regarding such handguns.
  5. A state agency or municipality which does not provide adequate security measures in a state or municipal building and which allows the carrying of a concealed handgun shall not be liable for any wrongful act or omission relating to actions of persons carrying a concealed handgun concerning acts or omissions regarding such handguns.
  6. Nothing in this act shall limit the ability of a corrections facility, a jail facility or a law enforcement agency to prohibit the carrying of a handgun or other firearm concealed or unconcealed by any person into any secure area of a building located on such premises, except those areas of such building outside of a secure area and readily accessible to the public shall be subject to the provisions of subsection (b).
  7. Nothing in this section shall limit the ability of the chief judge of each judicial district to prohibit the carrying of a concealed handgun by any person into courtrooms or ancillary courtrooms within the district provided 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. 2016 Supp. 75-7c10, and amendments thereto.
  8. The governing body or the chief administrative officer, if no governing body exists, of a state or municipal building, may exempt the building, or any public area thereof, from this section until July 1, 2017, by adopting a resolution, or drafting a letter, listing the legal description of such building, listing the reasons for such exemption, and including the following statement: "A security plan has been developed for the building being exempted which supplies adequate security to the occupants of the building and merits the prohibition of the carrying of a concealed handgun." A copy of the security plan for the building shall be maintained on file and shall be made available, upon request, to the Kansas attorney general and the law enforcement agency of local jurisdiction. Notice of this exemption, together with the resolution adopted or the letter drafted, shall be sent to the Kansas attorney general and to the law enforcement agency of local jurisdiction. The security plan shall not be subject to disclosure under the Kansas open records act.
  9. The governing body or the chief administrative officer, if no governing body exists, of any of the following institutions may exempt any building of such institution, or any public area thereof, from this section until July 1, 2017, by stating the reasons for such exemption and sending notice of such exemption to the Kansas attorney general:
    1. A state or municipal-owned medical care facility, as defined in K.S.A. 65-425, and amendments thereto;
    2. a state or municipal-owned adult care home, as defined in K.S.A. 39-923, and amendments thereto;
    3. a community mental health center organized pursuant to K.S.A. 19-4001 et seq., and amendments thereto;
    4. an indigent health care clinic, as defined by K.S.A. 2014 Supp. 65-7402, and amendments thereto; or
    5. a postsecondary educational institution, as defined in K.S.A. 74-3201b, and amendments thereto, including any buildings located on the grounds of such institution and any buildings leased by such institution.
  10. The provisions of this section shall not apply to any building located on the grounds of the Kansas state school for the deaf or the Kansas state school for the blind.
  11. Nothing in this section shall be construed to prohibit any law enforcement officer, as defined in K.S.A. 2016 Supp. 75-7c22, and amendments thereto, who satisfies the requirements of either K.S.A. 2016 Supp. 75-7c22(a) or (b), and amendments thereto, from carrying a concealed handgun into any state or municipal building, or any public area thereof, in accordance with the provisions of K.S.A. 2016 Supp. 75-7c22, and amendments thereto, subject to any restrictions or prohibitions imposed in any courtroom by the chief judge of the judicial district.
  12. For purposes of this section:
    1. "Adequate security measures" means the use of electronic equipment and armed personnel at public entrances to detect and restrict the carrying of any weapons into the state or municipal building, or any public area thereof, including, but not limited to, metal detectors, metal detector wands or any other equipment used for similar purposes to ensure that weapons are not permitted to be carried into such building or public area by members of the public. Adequate security measures for storing and securing lawfully carried weapons, including, but not limited to, the use of gun lockers or other similar storage options may be provided at public entrances.
    2. "Authorized personnel" means employees of a state agency or municipality and any person granted authorization pursuant to subsection (d)(2), who are authorized to enter a state or municipal building through a restricted access entrance.
    3. The terms "municipality" and "municipal" are interchangeable and have the same meaning as the term "municipality" is defined in K.S.A. 75-6102, and amendments thereto, but does not include school districts.
    4. "Public area" means any portion of a state or municipal building that is open to and accessible by the public or which is otherwise designated as a public area by the governing body or the chief administrative officer, if no governing body exists, of such building.
    5. "Restricted access entrance" means an entrance that is restricted to the public and requires a key, keycard, code, or similar device to allow entry to authorized personnel.
    6. "State" means the same as the term is defined in K.S.A. 75-6102, and amendments thereto.
      1. "State or municipal building" means a building owned or leased by such public entity. It does not include a building owned by the state or a municipality which is leased by a private entity whether for profit or not-for-profit or a building held in title by the state or a municipality solely for reasons of revenue bond financing.
      2. The term "state and municipal building" shall not include the state capitol.
    7. "Weapon" means a weapon described in K.S.A. 2014 Supp. 21-6301, and amendments thereto, except the term "weapon'" shall not include any cutting instrument that has a sharpened or pointed blade.
  13. This section shall be a part of and supplemental to the personal and family protection act.

History: L. 2013, ch. 105, §2; July 1; L. 2014, ch. 134, § 16; L. 2015, ch. 16, § 13; L. 2016, ch. 86, § 6; July 1.

§75-7c21 - (2015) Concealed handguns in state capitol; effective date
  1. An individual may carry a concealed handgun in the state capitol provided such individual is not prohibited from possessing a firearm under either federal or state law.
  2. This section shall be a part of and supplemental to the personal and family protection act.

History: L. 2013, ch. 105, § 3; July 1; L. 2015, SB45, §14.

§75-7c22 - (2014) Off-duty, foreign or retired law enforcement officers; carrying a concealed handgun, when
  1. An off-duty law enforcement officer may carry a concealed handgun in any building where an on-duty law enforcement officer would be authorized to carry a concealed handgun regardless of whether the requirements of K.S.A. 2014 Supp. 75-7c10 or 75-7c20, and amendments thereto, for prohibiting the carrying of a concealed handgun in such building have been satisfied, provided:
    1. Such officer is in compliance with the firearms policies of such officer's law enforcement agency; and
    2. such officer possesses identification required by such officer's law enforcement agency and presents such identification when requested by another law enforcement officer or by a person of authority for the building where the carrying of concealed handguns is otherwise prohibited.
  2. A law enforcement officer from another state or a retired law enforcement officer meeting the requirements of the federal law enforcement officers safety act, 18 U.S.C. §§ 926B and 926C, may carry a concealed handgun in any building where an on-duty law enforcement officer would be authorized to carry a concealed handgun regardless of whether the requirements of K.S.A. 2014 Supp. 75-7c10 or 75-7c20, and amendments thereto, for prohibiting the carrying of a concealed handgun in such building have been satisfied, provided, such officer possesses identification required by the federal law enforcement officers safety act and presents such identification when requested by another law enforcement officer or by a person of authority for the building where the carrying of concealed handguns is otherwise prohibited.
  3. Any law enforcement officer or retired law enforcement officer who is issued a license to carry a concealed handgun under the personal and family protection act shall be subject to the provisions of that act, except that for any such law enforcement officer or retired law enforcement officer who satisfies the requirements of either subsection (a) or (b) the provisions of this section shall control with respect to where a concealed handgun may be carried.
  4. The provisions of this section shall not apply to any building where the possession of firearms is prohibited or restricted by an order of the chief judge of a judicial district, or by federal law or regulation.
  5. The provisions of this section shall not apply to any law enforcement officer or retired law enforcement officer who has been denied a license to carry a concealed handgun pursuant to K.S.A. 2014 Supp. 75-7c04, and amendments thereto, or whose license to carry a concealed handgun has been suspended or revoked in accordance with the provisions of the personal and family protection act.
  6. As used in this section:
    1. "Law enforcement officer" means:
      1. Any person employed by a law enforcement agency, who is in good standing and is certified under the Kansas law enforcement training act;
      2. a law enforcement officer who has obtained a similar designation in a jurisdiction outside the state of Kansas but within the United States; or
      3. a federal law enforcement officer who as part of such officer's duties is permitted to make arrests and to be armed.
    2. "Person of authority" means any person who is tasked with screening persons entering the building, or who otherwise has the authority to determine whether a person may enter or remain in the building.
  7. This section shall be a part of and supplemental to the personal and family protection act.

History: L. 2014, ch. 134, § 1; July 1.

§75-7c23 - (2014) Licensure of municipal employees; prohibiting mandatory disclosure and recording of licensure
  1. No employee of a municipality shall be required to disclose to such person's employer the fact that such employee possesses a valid license to carry a concealed handgun. No employee shall be terminated, demoted, disciplined or otherwise discriminated against due to such employee's refusal to disclose the fact that the employee possesses a valid license to carry a concealed handgun. No municipality shall create or maintain a record of an employee's possession of a valid license to carry a concealed handgun, or that an employee has disclosed the fact that such employee possesses a valid license to carry a concealed handgun. Any such record created and maintained by a municipality on or before June 30, 2014, shall be destroyed by such municipality on or before July 31, 2014.
  2. For purposes of this section, the term "municipality'' has the same meaning as that term is defined in K.S.A. 75-6102, and amendments thereto.
  3. This section shall be a part of and supplemental to the personal and family protection act.

History: L. 2014, ch. 97, § 3; July 1.

§75-7c24 - (2014) Restrictions on carrying unconcealed firearms; exceptions; penalties; sign requirements
  1. Provided that the building is conspicuously posted in accordance with rules and regulations adopted by the attorney general as a building where carrying an unconcealed firearm is prohibited, it shall be unlawful to carry an unconcealed firearm into such building.
  2. Nothing in this section shall be construed to prohibit a law enforcement officer, as defined in K.S.A. 22-2202, and amendments thereto, from acting within the scope of such officer's duties.
  3. It shall be a violation of this section to carry an unconcealed firearm if the building is posted in accordance with rules and regulations adopted by the attorney general pursuant to subsection (d). Any person who violates this section shall not be subject to a criminal penalty but may be subject to denial to such premises or removal from such premises.
    1. The attorney general shall adopt rules and regulations prescribing the location, content, size and other characteristics of signs to be posted on a building where carrying an unconcealed firearm is prohibited pursuant to subsection (a). Such regulations shall prescribe, at a minimum, that:
      1. The signs be posted at all exterior entrances to the prohibited buildings;
      2. the signs be posted at eye level of adults using the entrance and not more than 12 inches to the right or left of such entrance;
      3. the signs not be obstructed or altered in any way;
      4. signs which become illegible for any reason be immediately replaced; and
      5. except as provided in paragraph (2), signs shall include the following, which shall be printed in large, conspicuous print: "The open carrying of firearms in this building is prohibited."
    2. Such rules and regulations shall provide that the same signage used to prohibit the carrying of concealed handguns under K.S.A. 2014 Supp. 75-7c01 et seq., and amendments thereto, may be used to also prohibit the carrying of unconcealed firearms.

History: L. 2014, ch. 97, § 5; July 1.

§75-7c25 - (2013) Orders of involuntary commitment for treatment of mental illness or alcohol or substance abuse; entry in certain databases; possession of firearms prohibited, when
  1. After July 1, 2007, all orders of involuntary commitment for care and treatment pursuant to K.S.A. 59-2966 or 59-29b66, and amendments thereto, and any orders of termination of discharge shall be immediately forwarded to the Kansas bureau of investigation for entry into the appropriate state and federal databases.
  2. Upon a finding that the mentally ill person is a danger to self or others, the court shall notify the mentally ill person subject to involuntary commitment for care and treatment that it is a violation of the law to possess a firearm. Upon a finding that a proposed patient is a person with an alcohol or substance abuse problem subject to involuntary commitment for care and treatment, the court shall notify the person that it is a violation of the law to possess a firearm. Upon release, the state hospital shall notify the patient that it is a violation of the law for the patient to possess a firearm and provide information to the patient regarding the restoration procedure.

History: L. 2006, ch. 210, §11; L. 2007, ch. 166, §8; May 3.; L. 2013, sb. 21 §8; July 1.

§75-7c26 - Discharge of person involuntarily committed for treatment for mental illness or alcohol or substance abuse; restoration of ability to legally possess firearm, when

On and after July 1, 2007,

  1. a person who has been discharged pursuant to K.S.A. 59-2973 or 59-29b73, and amendments thereto, may file a petition in the court where treatment was ordered pursuant to K.S.A. 59-2966 or 59-29b66, and amendments thereto, for the restoration of the ability to legally possess a firearm.
  2. Notice of the filing of such petition shall be served on the petitioner who originally filed the action pursuant to K.S.A. 59-2952, 59-2957, 59-29b52 or 59-29b57, and amendments thereto, or the petitioner's attorney and the county or district attorney as appropriate.
  3. If the court finds the person is no longer likely to cause harm to such person's self or others, the court shall issue a certificate of restoration to the person. Such restoration shall have the effect of restoring the person's ability to legally possess a firearm, and the certification of restoration shall so state.
  4. The certificate of registration issued pursuant to this section shall only apply to the possession of a firearm for the purposes of an alleged violation of subsection (a)(7) of K.S.A. 21-4204, prior to its repeal, or subsection (a)(13) of section K.S.A. 2014 Supp. 21-6301, and amendments thereto.

History: L. 2006, ch. 210, §12; L. 2011, ch. 30, §272; July 1.

§75-7c27 - Petition for relief of firearm prohibitions; procedure
  1. An individual who has been adjudicated as a mentally ill person subject to involuntary commitment for care and treatment, or who is prohibited from shipping, transporting, possessing or receiving firearms or ammunition by subsection (d)(4) or (g)(4) of 18 U.S.C. §922, may petition for relief of disabilities for the purpose of firearm prohibitions imposed under state and federal laws.
  2. A petitioner shall submit such petition to a court of competent jurisdiction within this state.
  3. The court may only consider petitions for relief due to mental health adjudications or commitments that occurred within the state.
  4. The court shall consider the petition for relief, in accordance with the principles of due process. Such petitioner shall submit, and such court shall receive and consider:
    1. The circumstances regarding the firearm disability imposed by federal law;
    2. such petitioner's mental health records;
    3. such petitioner's criminal history records; and
    4. such petitioner's reputation, developed through character witness statements, testimony or other character evidence.
  5. The court shall grant relief only if such court determines there is clear and convincing evidence that:
    1. The petitioner will not be likely to act in a manner dangerous to public safety; and
    2. granting such relief would not be contrary to the public interest.
  6. If the court denies the petition for relief, the petitioner may petition a court of proper jurisdiction for a de novo judicial review of the court's decision to deny such petition.
  7. Documentation of a granted petition shall be submitted to the Kansas bureau of investigation. The Kansas bureau of investigation shall immediately cause such order to be entered into the appropriate state and federal databases.
  8. As used in this section:
    1. "Mentally ill person subject to involuntary commitment for care and treatment" has the same meaning as defined in K.S.A. 59-2946, and amendments thereto.
    2. "Due process" requires that:
      1. The petitioner shall have the opportunity to submit such petitioner's own evidence to the court;
      2. an independent decision maker, other than the individual who gathered the evidence for the court acting on the application, shall review such evidence; and
      3. a record of the proceedings shall be created and maintained for review.

History: L. 2011, ch. 100, §1; July 1.

CHAPTER 79 - TAXATION

ARTICLE 52 - Marijuana And Controlled Substances

§79-5211 - Same; disposition of revenue

All moneys received from the collection of taxes imposed under the provisions of K.S.A. 79-5201 et seq., and amendments thereto, and 25% of all moneys collected from assessments of delinquent taxes and penalties imposed thereunder, shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund. The appraised value of a firearm seized and disposed of pursuant to K.S.A. 79-5212, and amendments thereto, which is applied to a taxpayer's liability shall not be considered as a collection of moneys under this section. The director of taxation shall remit 75% of all moneys received from the collection of assessments of delinquent taxes and penalties imposed pursuant to the provisions of K.S.A. 79-5201 et seq., and amendments thereto, as follows:

  1. If the law enforcement agency which conducted the investigation is a county agency, the entire amount shall be deposited in the county treasury and credited to a special law enforcement trust fund for use solely for law enforcement and criminal prosecution purposes;
  2. if the law enforcement agency which conducted the investigation is a city agency, the entire amount shall be deposited in the city treasury and credited to a special law enforcement trust fund for use solely for law enforcement and criminal prosecution purposes; and
  3. if more than one law enforcement agency is substantially involved in the investigative process, the amount shall be distributed equally among the city, county and state law enforcement agencies involved and credited to the appropriate county and city special law enforcement trust funds and state law enforcement agency funds unless an alternate distribution is mutually agreed upon by the law enforcement agencies involved and submitted in writing to the director of taxation. Funds received by city and county treasurers shall not be considered to be a source of revenue to meet normal operating expenses of law enforcement agencies.

History: L. 1989, ch. 287, §1; L. 1991, ch. 287, §2; L. 1994, ch. 259, §2; L. 2001, ch. 5, §468; L. 2005, ch. 141, §8; July 1.