{"id":373456,"date":"2016-03-31T21:35:19","date_gmt":"2016-04-01T02:35:19","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/kansas-law\/kansas-gun-control-laws.html"},"modified":"2024-10-30T12:40:00","modified_gmt":"2024-10-30T17:40:00","slug":"kansas-gun-control-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/kansas-law\/kansas-gun-control-laws.html","title":{"rendered":"Kansas Gun Control Laws"},"content":{"rendered":"\n
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Kansas Gun Control Laws<\/h1>\n
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\n By John Mascolo, Esq.<\/a> | Legally reviewed by John Mascolo, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

State laws that control and regulate firearms can vary greatly. Legislators must respond to constituent concerns about gun violence and gun rights. The response in Kansas reflects a strong desire to infringe on the right to bear arms minimally. In contrast, neighboring Colorado imposes more restrictions on firearms to protect the public. Each state must strike a balance of competing interests.<\/p>\r\n

The right to bear arms appears in the U.S. Constitution’s Second Amendment<\/a> and several state constitutions. In recent years, the U.S. Supreme Court<\/a> has said that it is an individual right to arm oneself for self-defense and other lawful purposes. As a result, gun law and regulation challenges gain greater court scrutiny.<\/p>\r\n

State residents are subject to federal and state laws that regulate firearms. The federal government regulates interstate commerce in firearms. It requires registration of certain weapons like machine guns. It manages a licensing program for federal firearms dealers.<\/p>\r\n

Federal law also bans possession of firearms by certain people, including felons, those using illegal drugs, those convicted of misdemeanor domestic violence, and others. The National Instant Criminal Background Check System (NICS) is a federal program that helps state and local law enforcement identify those who can’t have a firearm under federal law.<\/p>\r\n

Kansas Gun Laws<\/h2>\r\n

Kansas did not enact a concealed handgun permit law until 2007, when it passed the Personal and Family Protection Act. Applicants for a concealed carry permit had to meet eligibility criteria and pass a criminal background check before the state issued a permit.<\/p>\r\n

In 2015, the state adopted a permitless carry law. Under permitless carry, any gun owner who is 21 or older may carry a concealed firearm on or about their person without a permit. They must be law-abiding and cannot fall into a prohibited category. The office of the Kansas Attorney General<\/a> still issues handgun permits so residents can qualify for reciprocity with other states.<\/p>\r\n

As with other states, Kansas law allows banning firearms in certain locations. The public may not bring firearms into the capitol buildings in Topeka, the governor’s home or grounds, any county courthouse (unless local authorities permit), or any state-owned or leased buildings with conspicuous signs saying guns are prohibited. But, those who follow Kansas concealed carry law (permitted or permitless) may still have firearms in these areas. The lawful carrying of a concealed handgun can happen in most public access areas of state or municipal buildings.<\/p>\r\n

The exception is where the government has placed adequate security measures, such as armed guards and metal detectors, at all public entrances. State law says that the government can ban anyone from carrying firearms in secure areas of a law enforcement agency, a correctional facility, a jail, or a courtroom (where they take adequate security measures). Firearms bans may also stand against anyone in certain other public buildings, including public-owned medical care facilities, indigent health care clinics, adult care homes, and community mental health centers.<\/p>\r\n

Critics contend that Kansas gun control laws are too lax. Kansas doesn’t have certain safeguards that other states have in place. For example, it doesn’t require those engaging in private gun sales to get a criminal background check for the buyer. The state does not require gun owners to register their firearms or report lost or stolen guns. It also doesn’t regulate assault weapons or transportation of firearms in motor vehicles.<\/p>\r\n

The table below details the main gun control laws in Kansas.<\/p>\r\n\r\n

Relevant statutes (laws)<\/p>\r\n<\/th>\r\n

Kansas Statutes Annotated (K.S.A.), Chapter 21, Crimes and Punishments Kansas Criminal Code, Article 63, Crimes Against Public Safety<\/p>\r\n

Illegal arms<\/p>\r\n<\/th>\r\n

Guns that Kansas<\/a> bans include:<\/p>\r\n

Waiting period<\/p>\r\n<\/th>\r\n

There is no statutory waiting period between purchasing and delivering a firearm in Kansas.<\/td>\r\n<\/tr>

Who may not own<\/p>\r\n<\/th>\r\n

Several different groups can’t own guns in Kansas, including:<\/p>\r\n

    \r\n
  • Those addicted to, and unlawful users of, a controlled substance<\/li>\r\n
  • Mentally ill people subject to involuntary commitment to care and treatment<\/li>\r\n
  • Person with alcohol or substance abuse problems that are subject to involuntary commitment for care and treatment<\/li>\r\n
  • A person convicted of a felony under state or federal law<\/li>\r\n
  • An alien illegally or unlawfully in the United States<\/li>\r\n
  • A person who is the subject of a domestic violence protective order<\/li>\r\n
  • A person convicted of a domestic violence misdemeanor offense in the past five years<\/li>\r\n
  • A fugitive from justice<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>

License required?<\/p>\r\n<\/th>\r\n

No. Kansas does not require gun purchasers or owners to get a license.<\/td>\r\n<\/tr>

Concealed carry license required?<\/p>\r\n<\/th>\r\n

No. Kansas is a permitless carry state. Any law-abiding citizen (21 or older) not prohibited from having firearms can carry a concealed handgun without a permit. Concealed handgun permits remain available. Keep in mind there are prohibited locations for firearms.<\/td>\r\n<\/tr>

Open carry allowed?<\/p>\r\n<\/th>\r\n

Open carry is allowed in Kansas. Keep in mind there are prohibited locations for firearms.<\/td>\r\n<\/tr>

Eligibility for a concealed carry license<\/p>\r\n<\/th>\r\n

To qualify for a concealed carry license. You must:<\/p>\r\n

    \r\n
  • Be 21 years or older for the standard license or at least 18 years old for the provisional license<\/li>\r\n
  • Be a resident of Kansas<\/li>\r\n
  • Complete an 8-hour handgun safety and training course<\/li>\r\n
  • Not be prohibited from possessing a weapon under federal or Kansas law<\/li>\r\n
  • Submit your fingerprints<\/li>\r\n
  • Pass a criminal background check<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>

Machine gun laws<\/p>\r\n<\/th>\r\n

It is illegal to have, sell, manufacture, or carry a machine gun unless you have registered it and complied with federal law.<\/td>\r\n<\/tr>

Penalties for illegal firearm possession<\/p>\r\n<\/th>\r\n

Criminal penalties in Kansas involve the Kansas Sentencing Guidelines. The Guidelines show a grid set up by the severity level, type of crime, and offender’s criminal history. The following offenses are severity level 8, nonperson felonies:<\/p>\r\n

    \r\n
  • Possession of a weapon by a mentally ill person<\/li>\r\n
  • Criminal possession of a weapon by a convicted felon<\/li>\r\n
  • Possession of a firearm while a fugitive from justice<\/li>\r\n
  • Possession of a firearm by a person who is in the United States illegally or unlawfully<\/li>\r\n
  • Possession of a firearm by a person who is subject to a protection order<\/li>\r\n
  • Possession of a firearm by a person who has been convicted of a misdemeanor for domestic violence in the past five years<\/li>\r\n
  • Certain aggravated weapons violations<\/li>\r\n<\/ul>\r\n

    The following offenses are severity level 9, nonperson felonies:<\/p>\r\n

      \r\n
    • Illegal possession of a suppressor<\/li>\r\n
    • Illegal possession of a shotgun with a barrel less than 18 inches long<\/li>\r\n
    • Illegal possession of an automatic firearm<\/li>\r\n
    • Certain aggravated weapons violations<\/li>\r\n<\/ul>\r\n

      Defacing identification marks of a firearm is a severity level 10 nonperson felony. The following offenses are Class A misdemeanor offenses:<\/p>\r\n

        \r\n
      • Transferring a firearm with a barrel under 12 inches long to a minor (under 18)<\/li>\r\n
      • Possessing a firearm with a barrel under 12 inches long as a minor (under 18)<\/li>\r\n
      • Carrying a firearm concealed on one’s person when under 21 without a permit (and not on own property or fixed place of business)<\/li>\r\n
      • Criminal distribution of a firearm to a felon<\/li>\r\n
      • Unlawful possession of a firearm on certain government property<\/li>\r\n
      • Possession of a firearm while under the influence<\/li>\r\n<\/ul>\r\n

        Possessing a firearm by a person addicted to and an unlawful user of a controlled substance is a Class B nonperson select misdemeanor.<\/p>\r\n<\/td>\r\n<\/tr>

Penalties for illegal possession on or near school grounds<\/p>\r\n<\/th>\r\n

Illegal possession of a firearm on or near school grounds is a Class B nonperson select misdemeanor offense.<\/td>\r\n<\/tr>
Red flag law?<\/th>\r\nNo.<\/td>\r\n<\/tr>
Universal background checks?<\/th>\r\nNo.<\/td>\r\n<\/tr>
Stand your ground law?<\/th>\r\nYes. In Kansas, a person can use deadly force in self-defense or defense of others if they reasonably believe the use of deadly force is necessary to prevent imminent death or great bodily harm. There is no duty to retreat before using force in such a defense. A person who claims such use of deadly force can request an immunity hearing before filing charges. A prosecutor must get a probable cause finding against such immunity to proceed with criminal charges.<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the status of any state law(s) you are reviewing.<\/i><\/p>\r\n

School Employees Carrying Guns<\/h2>\r\n

One of the debates over Kansas gun laws is over letting school districts allow employees to carry concealed weapons on campus. Schools are hesitant to make this change as the biggest insurer of Kansas school districts would not cover schools that allow carrying guns, as the risk is too high. The implications are enormous because of the likelihood of accidental gun shootings resulting in workers’ compensation<\/a> claims or large wrongful death<\/a> settlements in the event a student gets injured or killed.<\/p>\r\n

Research the Law<\/h2>\r\n