Kansas 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.

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).

In 2005, Kansas enacted Kansas Statutes Annotated § 12-16,124(a), which 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, other than those expressly authorized by statute. Any such ordinance, resolution or regulation adopted prior to the effective date of this act shall be null and void. For purposes of this section, a statute that does not refer to firearms or ammunition, or components or combinations thereof, shall not be construed to provide express authorization.

Furthermore, 2006 Kan. Sess. Laws page 32, § 17(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. Any city ordinance or county resolution that regulates, restricts or prohibits the carrying of concealed weapons shall not be applicable to any person licensed in accordance with the provisions of this act.

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

• Adopt any zoning measure related to firearms licensees;

• Regulate the manner of carrying any firearm on one's person;

• 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.

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.

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 section of the Master List of Firearms Policies for a general discussion of this issue, as well as the Federal Preemption section of the Federal Law Summary page.

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.

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, Midyear 2004 (August 2005). 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, as amended by 2006 Kan. Sess. Laws page 210, § 14, 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 2006 Kan. Sess. Laws page 210, § 12.

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.

No relevant statutes currently exist.

Open Carrying/Exposed Firearms

Kansas law generally does not prohibit the open carrying of firearms. Kan. Stat. Ann. § 21-4218, as amended by 2006 Kan. Sess. Laws page 210, 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, however. State administrative regulations prohibit any person from possessing a firearm on the grounds of a racetrack facility unless authorized by the Kansas Racing and Gaming Commission. Kan. Admin. Regs. § 112-11-21(a)(2). State administrative regulations also govern firearms in licensed day care homes and group day care homes for children (section 28-4-115(h)), group boarding homes and residential centers for children and youth (section 28-4-275(b)(1)(B)), attendant care facilities for children and youth (section 28-4-293(c)(8)), secure residential treatment facilities for children and youth (section 28-4-340(c)(1)(E)), detention centers and secure care centers for children and youth (section 28-4-357(c)(1)(E)), maternity centers (section 28-4-377(e)(3)), child care centers and preschools (section 28-4-423(a)(24)), and the premises used by operators of school-age programs (section 28-4-588((d)(3)).

Concealed Weapons Licensing Requirements

As of January 1, 2007, Kansas will be a "shall issue" state, meaning that the attorney general must issue a concealed weapons license if the applicant meets certain qualifications. 2006 Kan. Sess. Laws page 32, as amended by 2006 Kan. Sess. Laws page 210. Pursuant to 2006 Kan. Sess. Laws page 32, § 4, as amended by 2006 Kan. Sess. Laws page 210, § 2, 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 never been convicted of or placed on diversion in any jurisdiction for a felony, or been adjudicated as a juvenile of committing an act that would be a felony under Kansas law 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;
  
  
• 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), sections 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.

2006 Kan. Sess. Laws page 32, § 5(c)(2), as amended by 2006 Kan. Sess. Laws page 210, § 3(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. 2006 Kan. Sess. Laws page 32, § 5(e)(2), as amended by 2006 Kan. Sess. Laws page 210, § 3(e)(2).

The attorney general is required to adopt rules and regulations establishing procedures and standards for the eight-hour weapons safety and training course required by 2006 Kan. Sess. Laws page 32, § 4(c)(2), as amended by 2006 Kan. Sess. Laws page 210, § 2(c)(2). 2006 Kan. Sess. Laws page 32, § 4(b)(1), as amended by 2006 Kan. Sess. Laws page 210, § 2(b)(1). 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. §§ 16-11-3—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.

2006 Kan. Sess. Laws page 32, § 4(b)(2), as amended by 2006 Kan. Sess. Laws page 210, § 2(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. 2006 Kan. Sess. Laws page 32, § 5(b)(2), as amended by 2006 Kan. Sess. Laws page 210, § 3(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. 2006 Kan. Sess. Laws page 32, § 5(f), as amended by 2006 Kan. Sess. Laws page 210, § 3(f).

Additional application and background check requirements, as well as permit suspension and disqualification information, are detailed under 2006 Kan. Sess. Laws page 32, §§ 1-9; 2006 Kan. Sess. Laws page 210, §§ 1-6, and Kan. Admin. Regs. § 16-11-5.

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) (as amended by 2006 Kan. Sess. Laws page 32, § 20). 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 2006 Kan. Sess. Laws page 32, § 6, as amended by 2006 Kan. Sess. Laws page 210, § 4, 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. 2006 Kan. Sess. Laws page 32, § 3(a), as amended by 2006 Kan. Sess. Laws page 210, § 1(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. 2006 Kan. Sess. Laws page 32, § 8, as amended by 2006 Kan. Sess. Laws page 210, § 6. 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. 2006 Kan. Sess. Laws page 32, § 4(c), as amended by 2006 Kan. Sess. Laws page 210, § 2(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. 2006 Kan. Sess. Laws page 32, § 8, as amended by 2006 Kan. Sess. Laws page 210, § 6. If a license is not renewed six months after the expiration date, it is deemed permanently expired. Id.

Location Limits

2006 Kan. Sess. Laws page 32, § 10, as amended by 2006 Kan. Sess. Laws page 210, § 7 provides that 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, as amended by 2006 Kan. Sess. Laws page 210, § 10, 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 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;

• Any entity owning or operating business premises open to the public while the license holder is on such premises, 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; and

• A property owner while the license holder is on such property, 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.

2006 Kan. Sess. Laws page 32, § 11, as amended by 2006 Kan. Sess. Laws page 210, § 8.

State administrative regulations prohibit any person from possessing a firearm on the grounds of a racetrack facility unless authorized by the Kansas Racing and Gaming Commission. Kan. Admin. Regs. § 112-11-21(a)(2). State administrative regulations also govern firearms in:

• Licensed day care homes and group day care homes for children (section 28-4-115(h));

• Group boarding homes and residential centers for children and youth (section 28-4-275(b)(1)(b));

• Attendant care facilities for children and youth (section 28-4-293(c)(8));

• Secure residential treatment facilities for children and youth (section 28-4-340(c)(1)(e));

• Detention centers and secure care centers for children and youth (section 28-4-357(c)(1)(e));

• Maternity centers (section 28-4-377(e)(3));

• Child care centers and preschools (section 28-4-423(a)(24)); and

• The premises used by operators of school-age programs (section 28-4-588((d)(3)).

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. 2006 Kan. Sess. Laws page 32, § 3(c), as amended by 2006 Kan. Sess. Laws page 210, § 1(c) (effective January 1, 2007).

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 firearms in:

• Licensed day care homes and group day care homes for children (Kan. Admin. Regs. § 28-4-115(h));

• Group boarding homes and residential centers for children and youth (section 28-4-275(b)(1)(b));

• Attendant care facilities for children and youth (section 28-4-293(c)(8));

• Secure residential treatment facilities for children and youth (section 28-4-340(c)(1)(e));

• Detention centers and secure care centers for children and youth (section 28-4-357(c)(1)(e));

• Maternity centers (section 28-4-377(e)(3));

• Child care centers and preschools (section 28-4-423(a)(24)); and

• The premises used by operators of school-age programs (section 28-4-588(d)(3)).

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).

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.

Pursuant to Kan. Stat. Ann. § 21-4204a, 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.

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, as amended by 2006 Kan. Sess. Laws page 210, § 13 (effective January 1, 2007), 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)) but 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

• Who 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, who has not received a "certificate of restoration" pursuant to 2006 Kan. Sess. Laws page 210, § 12.

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.

Deaths and Injuries

In 2003, 304 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, 1999-2002, at http://webappa.cdc.gov/sasweb/ncipc/mortrate10_sy.html.

Federally Licensed Firearms Dealers

In 2001, there were 1,486 federally licensed firearms dealers in Kansas. Department of the Treasury, Bureau of Alcohol, Tobacco & Firearms, Firearms Commerce in the United States, 2001-2002, Exhibit 13 (2001).

Registered Machine Guns

In 2000, 1,579 machine guns were registered in Kansas pursuant to the National Firearms Act. Department of the Treasury, Bureau of Alcohol, Tobacco & Firearms, Firearms Commerce in the United States, 2001-2002, Exhibit 9 (2001).

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

Kansas Attorney General's Office

Safe State Kansas