Kansas

Recent Developments

For significant developments in Kansas firearms law enacted in 2009, please see LCAV's Recent Developments in State Law page.

State Law Summary

Please Note: to view the sections of the Kansas Statutes Annotated provided in the text below, search for the citation using the Kansas Legislature's web site.

Gun Deaths

In 2006, 299 people died from firearm-related injuries in Kansas. National Center for Injury Prevention and Control, U.S. Centers for Disease Control and Prevention, WISQARS Injury Mortality Reports, 1999-2006, at http://webappa.cdc.gov/sasweb/ncipc/mortrate10_sy.html.

State Right to Bear Arms

The Constitution of the State of Kansas provides that "[t]he 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." Kan. Const. B. of Rts. § 4.

The Supreme Court of Kansas has held that Bill of Rights section 4 ("section 4") does not confer an individual right to "bear arms." Rather, it only protects the rights of a member of the state militia or other military organization provided for by law. City of Salina v. Blaksley, 83 P. 619 (Kan. 1905). The court in Blaksley rejected a section 4 challenge to a state statute that prohibited the carrying of a handgun while under the influence of alcohol, stating that section 4 "refers to the people as a collective body." Id. at 620. The court emphasized that section 4 "deals exclusively with the military; individual rights are not considered in this section." Id. The court noted that the defendant in the case was not a member of an organized militia or other military organization, "and was therefore not within the provision of the bill of rights and was not protected by its terms." Id. at 621.

In other cases, the supreme court, consistent with Blaksley, has rejected section 4 challenges to state statutes and local ordinances regulating firearms. See Junction City v. Lee, 532 P.2d 1292 (Kan. 1975) (rejecting section 4 challenge to a local ordinance prohibiting certain use of handguns and knives); State v. Bolin, 436 P.2d 978 (Kan. 1968) (rejecting section 4 challenge to a state law proscribing the ownership or possession of a pistol by any person convicted of burglary).

State Preemption

Kansas Statutes Annotated § 12-16,124(a) provides that

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 purchase, transfer, ownership, storage or transporting of firearms or ammunition, or any component or combination thereof. Except as provided in subsection (b) and subsection (a) of [section 75-7c11] any such ordinance, resolution or regulation adopted prior to [May 3, 2007] shall be null and void.

Section 75-7c17(a) provides that:

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 weapons for self-defense and finds it necessary to occupy the field of regulation of the bearing of concealed weapons 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 weapons by persons licensed under [the Kansas Personal and Family Protection Act, described below under Carrying Firearms] except as provided in subsections (a)(1) and (a)(2) of [section 75-7c11]. 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 weapons by persons licensed under this act except as provided in subsections (a)(1) and (a)(2) of [section 75-7c11] shall be null and void.

Pursuant to Kansas Statutes Annotated § 12-16,124(b), cities and counties may:

• Regulate the manner of openly carrying a loaded firearm on one's person, or in the immediate control of a person, not licensed under [the Kansas Personal and Family Protection Act, described below under Carrying Firearms] while on property open to the public;


• Regulate in any manner the carrying of any firearm in any jail, juvenile detention facility, prison, courthouse, courtroom or city hall; and


• Adopt ordinances, resolutions or regulations requiring a firearm transported in any air, land or water vehicle to be unloaded and encased in a container which completely encloses the firearm, or any less restrictive provision governing the transportation of firearms, provided that such ordinance, resolution or regulation shall not apply to persons licensed under [the Kansas Personal and Family Protection Act, described below under Carrying Firearms].

For more information about transportation-related ordinances, resolution or regulations, see the Transportation subsection of the Carrying Firearms section below.

Prior to the enactment of section 12-16,124, the Supreme Court of Kansas relied on the home rule powers of cities in Kansas under art. XII, § 5 in upholding a local ordinance prohibiting carrying a firearm on the person in public. Junction City v. Lee, 532 P.2d 1292, 1296 (Kan. 1975).

The Kansas Legislature has immunized firearm manufacturers and dealers from certain civil suits by local governments. Kan. Stat. Ann. § 60-4501(a) states:

The authority to bring civil suit and right to recover against any firearms or ammunition manufacturer or federally licensed firearms or ammunition dealer, by or on behalf of the state or any political subdivision of the state, for damages, abatement of nuisance or injunctive relief arising from or relating to the lawful design, manufacture, marketing or sale of firearms or ammunition to the public shall be reserved exclusively to the state.

Section 60-4501(b) provides:

Nothing in this act shall prohibit a political subdivision from bringing an action against a firearms or ammunition manufacturer or federally licensed firearms or ammunition dealer for breach of contract, for breach of implied or express warranty or for damages caused to the employees or agents of such political subdivision by defects in firearms or ammunition purchased or used by such political subdivision.

In 2008, Kansas enacted a law prohibiting any 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, from doing the following during a declared official state of emergency:

• Temporarily or permanently seizing, or authorizing seizure of, any firearm the possession of which is not prohibited under state law, other than as evidence in a criminal investigation; or


• Requiring registration of any firearm for which registration is not required by state law.

2008 Kan. Sess. Laws 97 § 1.

Section 58-3223 limits the local regulation of sport shooting ranges. Section 58-3223(a) provides that a sport shooting range that is not in violation of state law at the time of the adoption of an ordinance or resolution that regulates the range shall be permitted to continue in operation even if operation of the range at a later date does not conform to the new ordinance or resolution or amendment to an existing ordinance or resolution. In addition, a sport shooting range in existence on the effective date of section 58-3223 (July 1, 2001) in compliance with generally accepted operation practices, even if not in compliance with an ordinance or resolution of a local unit of government, shall be permitted to do the following within its preexisting geographic boundaries:

• Repair, remodel or reinforce any improvement or facilities or building or structure as may be necessary in the interest of public safety or to secure the continued use of the building or improvement;

• Reconstruct, repair, rebuild or resume the use of a facility or building damaged by fire, collapse, explosion, act of God or act of war occurring after the effective date of the act. The reconstruction, repair or restoration shall be completed within one year following the date of the damage or settlement of any property damage claim. If reconstruction, repair or restoration is not completed within one year, such reconstruction, repair or restoration may be terminated in the discretion of the local unit of government; or

• Do anything authorized under generally accepted operation practices, including, but not limited to: (1) expanding or enhancing its membership or opportunities for public participation; and (2) reasonably expanding or increasing facilities or activities.

Section 58-3223(b). Section 58-3224 states that sections 58-3221 – 58-3225 (governing sport shooting ranges) shall not prevent a local unit of government from regulating the location and construction of a sport shooting range "except as otherwise provided." No governmental entity may take title to property which has a permanently located and improved sport shooting range, by condemnation, eminent domain or similar process when the proposed use of said property would be for shooting-related activities or recreational activities or for private or commercial development. Section 58-3224(b). This provision does not limit governmental exercise of eminent domain or easement necessary for infrastructure additions or improvements, such as highways, waterways or utilities. Id.

Please see the Preemption summary for a general discussion of this issue, as well as the Federal Preemption section of the Federal Law Summary page.

State Firearms Policies

For general information on each policy, click the heading for that policy. Please note that many firearm-related laws have exceptions for military and law enforcement personnel.

Kansas Statutes Annotated § 21-4201(a)(8) prohibits 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.

No relevant statutes currently exist.

Federal law generally requires that licensed firearms dealers conduct a background check on all prospective firearms purchasers to ensure that such persons are not prohibited from buying or possessing a firearm. This background check requirement and the National Instant Criminal Background Check System ("NICS") were enacted through the Brady Handgun Violence Prevention Act, pursuant to Public Law 103-159, and codified at 18 U.S.C. § 921 et seq. Federal law defines a number of classes of prohibited purchasers (including felons, fugitives, persons adjudicated as "mental defectives" or those committed to mental institutions), and leaves to the states the power to determine additional classes. (For a complete list of federally prohibited purchasers, click here.)

Under the Brady Act, states have the option of serving as a "state point of contact" and conducting their own background checks using NICS and state informational records and databases, or having the checks performed by the FBI using only NICS. Federal law does not require that private sellers (persons other than firearms dealers) conduct background checks on prospective purchasers.

In Kansas, all firearms transfers by licensed dealers are processed directly through the FBI, which enforces the federal purchaser prohibitions referenced above. Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, 2005 (November 2006). In addition, Kansas has adopted other classes of prohibited persons, and incorporated some of the federal prohibitions as state offenses. Kan. Stat. Ann. § 21-4204 prohibits any person from possessing a firearm if he or she:

• Is both addicted to and an unlawful user of a controlled substance;

• Has been convicted of a "person" felony (a felony crime committed against or upon a person, e.g., homicide, rape, battery, kidnapping) or a violation of any provision of the Kansas uniform controlled substance act or a similar violation under the laws of another jurisdiction;

• Has been 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 any provision of the Kansas uniform controlled substances act (sections 65-4139—65-4166), and was found to have been in possession of a firearm at the time of the offense;

• Within the preceding ten years, has been convicted of a "nonperson" felony under Kansas law or a similar crime under the laws of another jurisdiction, 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 a "nonperson" felony, and was found to have been in possession of a firearm at the time of the commission of the offense;

• Within the preceding five or ten years, depending on the crime, has been convicted of a felony 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 found not to have been in possession of a firearm at the time of the commission of the offense (see § 21-4204(a)(3)-(4) for crime specifications); or

• Is or has been a mentally ill person subject to involuntary commitment for care and treatment as defined in section 59-2946, or a person with an alcohol or substance abuse problem subject to involuntary commitment for care and treatment as defined in section 59-29B46, unless he or she has received a "certificate of restoration" pursuant to section 75-7c26.

Section 75-7c26(a) provides that a person who was previously ordered to involuntary commitment for care and treatment as a mentally ill person or a person with an alcohol or substance abuse problem and who has been discharged from a facility may file a petition in the court where treatment was ordered for the restoration of the ability to legally possess a firearm. If the court finds the person is no longer likely to cause harm to such person's self or others, the court must issue a certificate of restoration to the person. Section 75-7c26(c). 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. Id. The certificate of registration applies only to the possession of a firearm for the purposes of the state prohibition on firearm possession by the mentally ill and persons with an alcohol or substance abuse problem. Section 75-7c26(d).

Firearm transfers by private sellers (non-firearms dealers) are not subject to background checks in Kansas, although federal and state purchaser prohibitions still apply. See the Kansas Private/Secondary Sales section.

For information about the reporting of mental health information for use in firearm purchaser background checks, see the Kansas Mental Health Reporting section.

No relevant statutes currently exist.

*New Legislation Alert*  See LCAV's Recent Developments in State Law page.

Possession Restrictions

Kan. Stat. Ann. § 21-4218 prohibits the possession of a firearm, whether concealed or unconcealed, on the grounds of or in specific state-owned or leased buildings or county courthouses. Concealed weapons licensees are not exempt.

Concealed weapons permit holders may be subject to additional location limits. Please see the Location Limits subsection below for further information.

State administrative regulations may also impose additional location limits.

Transportation of Firearms

Section 12-16,124(c) states:

Except as provided in subsection (b) of this section and subsection (a) of [section 75-7c11], no person shall be prosecuted or convicted of a violation of any ordinance, resolution or regulation of a city or county which regulates the storage or transportation of a firearm if such person (1) is storing or transporting the firearm without violating any provision of the Kansas Criminal Code or (2) is otherwise transporting the firearm in a lawful manner.

Subsection (b)(4) of section 12-16,124 states that a city or county may adopt an ordinance, resolution or regulation requiring a firearm transported in any air, land or water vehicle to be unloaded and encased in a container which completely encloses the firearm or any less restrictive provision governing the transporting of firearms.

In addition, no person may be prosecuted under any ordinance, resolution or regulation for transporting a firearm in any air, land or water vehicle if the firearm is unloaded and encased in a container which completely encloses the firearm. Section 12-16,124(d).

Concealed Weapons Licensing Requirements

As of January 1, 2007, Kansas is a "shall issue" state, meaning that the attorney general must issue a concealed weapons license if the applicant meets certain qualifications. Kan. Stat. Ann. § 75-7c17. Pursuant to section 75-7c04, the attorney general shall issue a license if the applicant:

• Is a resident of the county where the application is made and has been a resident of the state for six months;
  
  
• Is 21 years of age or older;
  
  
• Does not suffer from a physical infirmity which prevents the safe handling of a weapon;
  
  
• Has not been convicted or placed on diversion for an act in any jurisdiction that constitutes a felony under the laws of Kansas or adjudicated of committing as a juvenile in any jurisdiction an act that would be a felony under the laws of Kansas if committed by an adult, or, if he or she has been convicted or placed on diversion for an act that constitutes a felony under the laws of Kansas, has had such felony expunged pursuant to section 21-4619,
  
  
• Has never been convicted, in any jurisdiction, for an act that constitutes a “misdemeanor crime of domestic violence,” as defined by 18 U.S.C. § 921(a)(33)(a) or adjudicated, in this or any other jurisdiction, of committing as a juvenile an act that would be a “misdemeanor crime of domestic violence” under 18 U.S.C. § 921(a)(33)(a) if committed by an adult;
  
  
• Has not, during the past five years, been convicted of or placed on diversion for, or been adjudicated of committing as a juvenile an act that would be, if committed by an adult, a misdemeanor under the provisions of the Kansas uniform controlled substances act (Kan. Stat. Ann. §§ 65-4139—65-4166) or a similar law in another jurisdiction;
  
  
• Has not, during the past five years, been convicted of or placed on diversion in any jurisdiction two or more times for driving under the influence of alcohol or drugs;
  
  
• Has not, during the past five years, been convicted of or placed on diversion for, or been adjudicated of committing as a juvenile an act that would be, if committed by an adult, a domestic violence misdemeanor in violation of a municipal ordinance or any of sections 21-3401—21-3525 or a similar law in another jurisdiction;
  
  
• Has not, during the past five years, been convicted of or placed on diversion for, or been adjudicated of committing as a juvenile an act that would constitute, if committed by an adult, carrying a concealed weapon by a licensee while under the influence of alcohol, drugs or both;
  
  
• Has not, during the past five years, been convicted of or placed on diversion for, or been adjudicated of committing as a juvenile an act that would be, if committed by an adult, criminal misuse of weapons (as defined in section 21-4201) or a similar law in another jurisdiction;
  
  
• Has not been charged with a crime which would render him or her, if convicted, ineligible for a license;
  
  
• Has not within the preceding five years been ordered by a court to receive treatment for mental illness pursuant to section 59-2966, or for an alcohol or substance abuse problem pursuant to section 59-29B66, as long as the court has not issued the applicant a certificate of restoration (section 75-7c05(a)(3) states that the application for a license must include a waiver of the confidentiality of such mental health and medical records as necessary to determine the applicant's qualifications under this provision);
  
  
• Desires a legal means to carry a concealed weapon for lawful self-defense;
  
  
• Presents evidence satisfactory to the attorney general that he or she has satisfactorily completed a weapons safety and training course approved by the attorney general;
  
  
• Has not been "adjudged a disabled person under the act for obtaining a guardian or conservator" unless restored to capacity at least three years before;
  
  
• Has not been dishonorably discharged from military service;
  
  
• Is a United States citizen;
  
  
• Is not subject to a restraining order issued under the Kansas Protection From Abuse Act (sections 60-3101—3112), Protection From Stalking Act (sections 60-31a01—31a09), section 60-1607 (regarding behavior between former spouses after divorce), or sections 38-1542—38-1543, or 38-1563 (regarding children in protective custody); and
  
  
• Is not in contempt of court in a child support proceeding.

Section 75-7c05(c)(2) gives the sheriff of the applicant's county of residence or the chief law enforcement officer of any law enforcement agency discretion to submit, within 45 days after receipt of the application, 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. The attorney general may deny the application based solely on the report submitted by the sheriff or other chief law enforcement officer. Section 75-7c05(e)(2)(A).

The attorney general is required to adopt rules and regulations establishing procedures and standards for the eight-hour weapons safety and training course. Section 75-7c04(b). Such standards must include:

• A requirement that trainees receive training in the safe storage of weapons, actual firing of weapons, and instruction in the Kansas laws governing the carrying of a concealed weapon and the use of deadly force;

• General guidelines for courses which are compatible with the industry standard for basic firearms training for civilians;

• Qualifications for instructors; and

• A requirement that the course be certified or sponsored by the National Rifle Association or a law enforcement agency, college, private or public institution or organization or weapons training school approved by the attorney general.

Id.

The attorney general has established standards pursuant to this provision. See Kan. Admin. Regs. §§ 16-11-2—16-11-4 for details.

The following constitutes satisfactory evidence of satisfactory completion of an approved weapons safety and training program:

• Evidence of completion of the course in the form provided by rules and regulations adopted by the attorney general; or

• 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.

Section 75-7c04(b)(2).

The fee for a license to carry a concealed weapon is $150, $40 of which is payable to the county sheriff, and $110 to the attorney general. Section 75-7c05(b)(2). In addition, each person issued a license must pay to the Department of Revenue fees for the cost of the license and photograph placed on the license. Section 75-7c05(f).

Additional application and background check requirements, as well as permit suspension and disqualification information, are detailed under sections 75-7c03—75-7c05, and Kan. Admin. Regs. §§ 16-11-5, 16-11-8.

Kansas prohibits the carrying of concealed firearms except when the person is on his or her land or in his or her home or fixed place of business, or when the person is a concealed weapons licensee. Kan. Stat. Ann. § 21-4201(a)(4), (h). Pursuant to section 21-4201(b), (c), the prohibition does not apply to:

• Law enforcement officers;

• 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;

• 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;

• Watchmen, within the scope of their employment;

• Licensed hunters or fishermen, while engaged in hunting or fishing;

• Private detectives licensed by the state to carry the firearm involved, while actually engaged in the duties of their employment;

• 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;

• The state fire marshal, the state fire marshal's deputies or any member of a fire department authorized to carry a firearm while engaged in an investigation; or

• Special deputy sheriffs who have completed the basic course of instruction required for permanent appointment as a part-time law enforcement officer.

Disclosure or Use of Information

Kansas does not allow personal application or license information of concealed weapons license holders to be made public. Pursuant to section 75-7c06, records relating to persons issued licenses, applicants for licenses, or persons denied licenses are confidential and shall not be disclosed in a manner which enables identification of any such person. However, records of a person whose license has been suspended or revoked are subject to public inspection. Id. In addition, the attorney general maintains an automated listing of license holders and pertinent information, and such information is available upon request at all times to all law enforcement agencies. Id.

Duration & Renewal

Licenses to carry concealed weapons are valid for a period of four years from the date of issuance. Section 75-7c03(a). The attorney general will mail a notice of expiration and renewal form to the license holder at least 90 days prior to the expiration date of the license. Section 75-7c08. Prior to renewal of a license the license holder must submit evidence satisfactory to the attorney general that the licensee has requalified by completion of an approved weapons safety and training course. Section 75-7c04(c). The attorney general has promulgated a regulation regarding such requalification courses. Kan. Admin. Regs. § 16-11-6. The fee for renewal of a license is $100, $50 of which is payable to the county sheriff, and $50 to the attorney general. Kan. Stat. Ann. § 75-7c08. If a license is not renewed six months after the expiration date, it is deemed permanently expired. Id.

Location Limits

Section 75-7c10 provides that, if the premises are conspicuously posted in accordance with rules and regulations adopted by the attorney general as premises where carrying a concealed weapon is prohibited, a license to carry a concealed weapon does not authorize the licensee to carry a concealed weapon into:

• Any place where an activity declared a common nuisance by Kan. Stat. Ann. § 22-3901 (gambling, obscenity, prostitution, or unlawful drug, alcohol, pyrotechnic or gang activity) is maintained;

• Any police, sheriff or highway patrol station;

• Any detention facility, prison or jail;

• Any courthouse;

• Any courtroom, except upon a judge's determination;

• Any polling place on the day an election is held;

• Any meeting of the governing body of a county, city or other political or taxing subdivision of the state, or any committee or subcommittee thereof;

• The state fairgrounds;

• Any state office building;

• Any athletic event not related to or involving firearms which is sponsored by a private or public elementary or secondary school or any private or public institution of postsecondary education;

• Any professional athletic event not related to or involving firearms;

• Any portion of premises open to the public where alcohol is sold by the individual drink, unless the place qualifies as a restaurant under section 41-2601;

• Any elementary or secondary school attendance center, administrative office, services center or other facility;

• Any community college, college or university facility;

• Any place where the carrying of firearms is prohibited by federal or state law;

• Any "child exchange and visitation center" provided for in section 75-720;

• Any community mental health center organized pursuant to sections 19-4001 et seq.; mental health clinic organized pursuant to sections 65-211 et seq.; psychiatric hospital licensed under sections 75-3307b; or Larned state hospital, Osawatomie state hospital or Rainbow mental health facility;

• Any city hall;

• Any public library operated by the state or by a political subdivision of the state;

• Any day care home or group day care home, as defined in Kan. Admin. Regs. § 28-4-113, or any preschool or childcare center, as defined in Kan. Admin. Regs. § 28-4-420;

• Any church or temple, or

• Any of the state and county operated buildings and properties listed in section 21-4218 and in Kan. Admin. Regs. § 16-11-1(f).

In addition, the carrying of concealed weapons by license holders may also be restricted by:

• A public or private employer by personnel policies while the license holder is on the premises of the employer's business or engaged in the duties of the person's employment by the employer except that no employer may prohibit possession of a firearm in a private means of conveyance, even if parked on the employer's premises; and

• A private business or city, county or political subdivision while the license holder is within a building of such entity, provided that the premises are posted as premises where carrying a concealed weapon is prohibited in accordance with rules and regulations adopted by the attorney general.

Kan. Stat. Ann. § 75-7c11.

The attorney general has established standards for the posting of signs in premises where carrying a concealed weapon is prohibited. See Kan. Admin. Reg. § 16-11-7.

Concealed weapons permit/license holders are also subject to generally applicable possession prohibitions. Please see the Possession Restrictions and Transportation of Firearms sections above for further information.

State administrative regulations may also impose additional location limits.

Reciprocity

Kansas recognizes a valid license to carry concealed weapons issued by any other state or the District of Columbia as long as the holder is not a resident of Kansas, if the attorney general determines that the standards for issuance of such a license or permit are equal to or greater than the standards imposed by Kansas. Section 75-7c03(c).

Brady Exemption

Concealed weapons permit holders in Kansas are not exempt from background checks when purchasing a firearm, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as alternatives to the Brady Act. Please note that ATF's exempt status determination for a given state is subject to change without notice.

Under federal law, persons who have been issued state permits to purchase or possess firearms are exempt from background checks if those permits were issued: 1) within the previous five years in the state in which the transfer is to take place; and 2) after an authorized government official has conducted a background investigation, including a search of the NICS database, to verify that possession of a firearm would not be unlawful. 18 U.S.C. § 922(t)(3), 27 C.F.R. § 478.102(d).

Kansas has no state statute specifically relating to firearms access by children, but state law prohibits any person from creating a hazard, which includes "[e]xposing, abandoning or otherwise leaving any explosive or dangerous substance in a place accessible to children." Kan. Stat. Ann. § 21-4212(a)(3).

State administrative regulations govern storage of firearms in certain locations.

Kansas does not license firearms dealers. However, firearms dealers are subject to state laws governing gun sales generally. See the Kansas Private/Secondary Sales section for further information. Pursuant to the Brady Act, federally licensed firearms dealers must conduct background checks on prospective purchasers each time the dealer transfers a firearm. See the Kansas Background Checks section.

Under Kan. Stat. Ann. § 48-1902, it is lawful for a dealer licensed under federal law whose place of business is in Kansas to sell or deliver a rifle or shotgun to residents of any state sharing a common border with Kansas, provided the purchaser's state of residence permits such sale or delivery, and the sale complies with the legal conditions of sale of both states and all requirements of 18 U.S.C. § 922(c).

Number of Federally Licensed Firearms Dealers

There are 939 federally licensed firearms dealers and pawnbrokers in Kansas. Federal firearms licensee totals for Kansas as of November 24, 2008 were provided by the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives.

Firearm Prohibitions for Domestic Violence Misdemeanants

There is no law in Kansas prohibiting individuals convicted of domestic violence misdemeanors from purchasing or possessing firearms or ammunition. Federal law, however, prohibits purchase and possession of firearms and ammunition by persons who have been convicted of a “misdemeanor crime of domestic violence.” 18 U.S.C. § 922(g)(9). Federal law defines a “misdemeanor crime of domestic violence” as an offense that is a federal, state or tribal law misdemeanor and has the use or attempted use of physical force or threatened use of a deadly weapon as an element, if the offender:

• Was a current or former spouse, parent, or guardian of the victim;

• Shares a child in common with the victim;

• Was a current or former cohabitant with the victim as a spouse, parent or guardian; or

• Was similarly situated to a spouse, parent or guardian of the victim.

According to the Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, 2005 (November 2006), Kansas domestic violence misdemeanor convictions may be identified within criminal history by statutory citation.

Firearm Prohibitions for Persons Subject to Domestic Violence Restraining/Protective Orders

There is no law in Kansas prohibiting individuals subject to domestic violence protective orders from possessing firearms or ammunition. Federal law, however, prohibits purchase and possession of firearms and ammunition by a person subject to a protective order issued after notice to the abuser and a hearing, if the order protects an “intimate partner” of the abuser, or a child of the abuser or intimate partner. 18 U.S.C. § 922(g)(8). Federal law defines an “intimate partner” as a current or former spouse, a parent of a child in common with the abuser, or an individual with whom the abuser does or has cohabited. 18 U.S.C. § 921(a)(32).

According to the Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, 2005 (November 2006), Kansas maintains protection from abuse order data on the statewide criminal justice information system.

For general information on the background check process and categories of prohibited purchasers or possessors, see the Kansas Background Checks section.

The attorney general has promulgated a regulation requiring revocation of a concealed weapons license when a restraining order is issued against the licensee. Kan. Admin. Reg. § 16-11-8.

Kansas does not regulate gun shows. Moreover, sales of collectibles, including guns, are exempt from state laws requiring the licensing of transient merchants in each county where the merchant does business. Kan. Stat. Ann. §§ 19-2233(a)(2), (12), (15), 19-2235. A "transient merchant" is any person who engages in, does or transacts any temporary or transient business in the state, either in one locality or in traveling from place to place in the state, and includes merchants who, for the purpose of carrying on such business, hire, lease, use or occupy any building, structure, motor vehicle, railroad car or real estate. Section 19-2232(c).

See the Kansas Private/Secondary Sales section for state laws that apply at gun shows.

The Kansas Legislature has immunized firearm manufacturers and dealers from certain civil suits by local governments. Kan. Stat. Ann. § 60-4501(a) states:

The authority to bring civil suit and right to recover against any firearms or ammunition manufacturer or federally licensed firearms or ammunition dealer, by or on behalf of the state or any political subdivision of the state, for damages, abatement of nuisance or injunctive relief arising from or relating to the lawful design, manufacture, marketing or sale of firearms or ammunition to the public shall be reserved exclusively to the state.

Section 60-4501(b) provides:

Nothing in this act shall prohibit a political subdivision from bringing an action against a firearms or ammunition manufacturer or federally licensed firearms or ammunition dealer for breach of contract, for breach of implied or express warranty or for damages caused to the employees or agents of such political subdivision by defects in firearms or ammunition purchased or used by such political subdivision.

Section 58-3222 immunizes owners and users of a sport shooting range from civil liability and criminal prosecution:

(a) Notwithstanding any other provisions of law, and in addition to other protections provided in this act, a person who owns, operates, manages or uses a sport shooting range that conforms to generally accepted operation practices in the state is not subject to civil liability or criminal prosecution in any matter relating to noise or noise pollution resulting from the operation or use of the range if the range is in compliance with any noise control laws or ordinances or resolutions that applied to the range and its operation at the time of construction and initial operation of the range.

(b) In addition to any civil protection provided by the act, a person who owns, operates, manages or uses a sport shooting range that conforms to generally accepted operation practices is not subject to an action for nuisance, and a court of the state shall not enjoin or restrain the use or operation of a range on the basis of noise or noise pollution, if the range is in compliance with any noise control laws or ordinances or resolutions that applied to the range and its operation at the time of construction or initial operation of the range.

(c) Rules or regulations adopted by any state department or agency for limiting levels of noise in terms of decibel level which may occur in the outdoor atmosphere do not apply to a sport shooting range immune from liability under this act. However, this subsection does not constrict the application of any provision of generally accepted operation practices.

(d) A person who acquires title to real property adversely affected by the use of property with a permanently located and improved sport shooting range constructed and initially operated prior to the time the person acquires title shall not maintain a nuisance action on the basis of noise or noise pollution or based upon known or inherent dangers against the person who owns, operates or uses the range to restrain, enjoin, or impede the use of the range. This section does not prohibit actions for negligence or recklessness in the operation of the range.

For detailed information about government and private party lawsuits against the gun industry, the status of litigation involving gun industry immunity statutes in various states, or pending gun industry immunity legislation, visit the Brady Center's Legal Action Project and the Coalition to Stop Gun Violence's Gun Industry Immunity page.

No relevant statutes currently exist.

No relevant statutes currently exist.

No relevant statutes currently exist.

No relevant statutes currently exist.

Federal law prohibits any person from selling or otherwise transferring a firearm or ammunition to any person who has been “adjudicated as a mental defective” or involuntarily “committed to any mental institution.” 18 U.S.C. § 922(d)(4). No federal law, however, requires states to report the identities of these individuals to the National Instant Criminal Background Check System (NICS) database, which the FBI uses to perform background checks prior to firearm transfers.

In 2006, Kansas passed a law requiring the reporting of certain persons involuntarily committed to mental institutions to NICS. Kansas Statutes Annotated §§ 59-2966(a) (regarding involuntary commitment of mentally ill persons upon clear and convincing evidence for care and treatment for up to three months) and 59-29b66(a) (regarding commitment of a person with an alcohol or substance abuse problem upon clear and convincing evidence for care and treatment for up to three months) both now state in part:

Whenever an involuntary patient is ordered to receive treatment, the clerk of the district court shall send a copy of the order to the Kansas bureau of investigation within five days after receipt of the order. The Kansas bureau of investigation shall immediately enter the order into [NICS] and other appropriate databases.

Section 59-2946(f)(1) states that a "mentally ill person” is subject to involuntary commitment for care and treatment if that person lacks capacity to make an informed decision concerning treatment, is likely to cause harm to self or others, and whose diagnosis is not solely one of the following mental disorders: alcohol or chemical substance abuse; antisocial personality disorder; mental retardation; organic personality syndrome; or an organic mental disorder. A person is “mentally ill” if he or she is suffering from a mental disorder which is manifested by a clinically significant behavioral or psychological syndrome or pattern and associated with either a painful symptom or an impairment in one or more important areas of functioning, and involving substantial behavioral, psychological or biological dysfunction, to the extent that the person is in need of treatment. Section 59-2946(e).

A person with an alcohol or substance abuse problem is subject to involuntary commitment for care and treatment if he or she is incapacitated by alcohol or any substance and is likely to cause harm to self or others. Section 59-29b46(g) (1). A “person with an alcohol or substance abuse problem” means a person who: (1) lacks self-control as to the use of alcoholic beverages or any controlled substance; or (2) uses alcoholic beverages or any substance to the extent that the person's health may be substantially impaired or endangered without treatment. Section 59-29b46(f).

The 2006 law also required every district court to review all files dated on or after July 1, 1998, concerning “mentally ill persons subject to involuntary commitment for care and treatment” and “persons with an alcohol or substance abuse problem subject to involuntary commitment for care and treatment.” Kan. Stat. Ann. § 75-7c25(a). If the court ordered treatment pursuant to sections 59-2966 or 59-29b66, the clerk of the court was required to report the order and all available information identifying the patient including, but not limited to, birth, gender and race, to the Kansas bureau of investigation. Section 75-7c25(b). The Kansas bureau of investigation was required to immediately cause the order to be entered into the appropriate state and federal databases, and to ensure the accuracy of the entries and the court shall ensure the validity of the orders. Section 75-7c25(c)-(d).

Sections 59-2974 and 59-29b74 state that whenever a court orders a person involuntarily committed to a state psychiatric hospital to be released and issues a certificate of restoration pursuant to section 75-7c26 to that person, the court must order the clerk of the district court to report the release and certificate of restoration to the Kansas bureau of investigation within five days.

Section 75-7c25(e) reiterates that, after July 1, 2007, all orders of involuntary commitment for care and treatment as specified above and any orders of “termination of discharge” must be immediately forwarded to the Kansas bureau of investigation for entry into the appropriate state and federal databases.

Section 75-7c25(f) requires courts to notify a person that it is a violation of the law for him or her to possess firearms whenever the court finds that the person is a mentally ill person subject to involuntary commitment for care and treatment who is a danger to self or others, or a person with an alcohol or substance abuse problem subject to involuntary commitment for care and treatment. Upon release, the state hospital must again 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. Id.

For general information on the background check process and categories of prohibited purchasers or possessors, see the Kansas Background Checks section.

There is no minimum age to possess firearms under Kansas law, although no person under age 18 may knowingly possess a firearm with a barrel less than 12 inches long, unless that person is:

• In attendance at a hunter's or firearms safety course;
  
  
• Engaged in practice in the use of such firearm, or target shooting at a lawful, established range;
  
  
• Engaged in an organized competition involving the use of such firearm, or participating in or practicing for a performance by a 26 U.S.C. § 501(c)(3) non-profit organization which uses firearms as part of the performance;
  
  
• Hunting or trapping pursuant to a valid license;
  
  
• Traveling to or from one of the above activities, provided the handgun is secured, unloaded, and outside the immediate access of that person; or
  
  
• At his or her residence, or on real property under the control of that person's parent or legal guardian or grandparent, and the parent, legal guardian or grandparent has granted permission for the possession.

Kan. Stat. Ann. § 21-4204a. Federal law also generally prohibits the possession of a handgun or handgun ammunition by anyone under the age of 18. 18 U.S.C. § 922(x)(2), (3) and (5).

Federal law prohibits firearms dealers from selling or delivering a shotgun or rifle, or ammunition for a shotgun or rifle, to any person the dealer knows or has reasonable cause to believe is under the age of 18. 18 U.S.C. § 922(b)(1), (c)(1). Dealers are prohibited from selling or delivering other firearms (e.g., handguns) or ammunition for those firearms to any person the dealer knows or has reasonable cause to believe is under the age of 21. Id.

Federal law provides less stringent age restrictions with respect to sales by unlicensed persons. Unlicensed persons generally may not sell, deliver or otherwise transfer a handgun or handgun ammunition to any person the transferor knows or has reasonable cause to believe is under the age of 18. 18 U.S.C. § 922(x)(1), (3) and (5). Federal law provides no age limitations with respect to the sale of a long gun by an unlicensed person.

No relevant statutes currently exist.

No relevant statutes currently exist.

Private firearms transfers (i.e., transfers by non-firearms dealers) are not subject to a background check requirement in Kansas, although federal and state purchaser prohibitions still apply. See the Kansas Background Checks section.

Kan. Stat. Ann. § 21-4203 prohibits any person from knowingly selling, giving or otherwise transferring any firearm to any person:

• Under 18 years of age, if the firearm has a barrel less than 12 inches long;

• Who is both addicted to and an unlawful user of a controlled substance;

• Who has been convicted of a felony under the laws of Kansas or any other state and was found to have been in possession of a firearm at the time of the commission of the offense;

• Who, within the preceding five years has been convicted of certain felonies (see § 21-4203(b)) under the law of Kansas or any other state, 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 offense;

• Who, within the preceding ten years has been convicted of certain felonies, (see § 21-4203(b)) even if he or she was not found to have been in possession of a firearm at the time of the commission of the offense, or has been released from imprisonment for such crime, and has not had the conviction of the crime expunged or been pardoned for such crime; or

• Is or has been a mentally ill person subject to involuntary commitment for care and treatment as defined in section 59-2946, or a person with an alcohol or substance abuse problem subject to involuntary commitment for care and treatment as defined in section 59-29B46, unless he or she has received a "certificate of restoration" pursuant to section 75-7c26.

Section 48-1903 declares it lawful for a Kansas resident to purchase or receive delivery of a rifle or shotgun in a state sharing a common border with Kansas, provided the purchaser's state of residence permits such sale or delivery, and the sale complies with the legal conditions of sale of both states and all requirements of 18 U.S.C. § 922(c).

No relevant statutes currently exist.

No relevant statutes currently exist.

No relevant statutes currently exist.

State Resources

Bureau of Alcohol, Tobacco, Firearms and Explosives, Kansas City Field Division (IA, KS, MO, NE)

Kansas Attorney General's Office

Safe Kids Kansas