By John Mascolo, Esq. | Legally reviewed by John Mascolo, Esq. | Last reviewed October 30, 2024
This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.
The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. 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.
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.
The right to bear arms appears in the U.S. Constitution's Second Amendment and several state constitutions. In recent years, the U.S. Supreme Court 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.
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.
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.
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.
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 still issues handgun permits so residents can qualify for reciprocity with other states.
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.
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.
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.
The table below details the main gun control laws in Kansas.
Relevant statutes (laws) |
Kansas Statutes Annotated (K.S.A.), Chapter 21, Crimes and Punishments Kansas Criminal Code, Article 63, Crimes Against Public Safety
K.S.A. Chapter 75, Article 7c, Firearms
|
|---|---|
Illegal arms |
Guns that Kansas bans include:
|
Waiting period |
There is no statutory waiting period between purchasing and delivering a firearm in Kansas. |
Who may not own |
Several different groups can't own guns in Kansas, including:
|
License required? |
No. Kansas does not require gun purchasers or owners to get a license. |
Concealed carry license required? |
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. |
Open carry allowed? |
Open carry is allowed in Kansas. Keep in mind there are prohibited locations for firearms. |
Eligibility for a concealed carry license |
To qualify for a concealed carry license. You must:
|
Machine gun laws |
It is illegal to have, sell, manufacture, or carry a machine gun unless you have registered it and complied with federal law. |
Penalties for illegal firearm possession |
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:
The following offenses are severity level 9, nonperson felonies:
Defacing identification marks of a firearm is a severity level 10 nonperson felony. The following offenses are Class A misdemeanor offenses:
Possessing a firearm by a person addicted to and an unlawful user of a controlled substance is a Class B nonperson select misdemeanor. |
Penalties for illegal possession on or near school grounds |
Illegal possession of a firearm on or near school grounds is a Class B nonperson select misdemeanor offense. |
| Red flag law? | No. |
| Universal background checks? | No. |
| Stand your ground law? | Yes. 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. |
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.
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 claims or large wrongful death settlements in the event a student gets injured or killed.
Do you have more questions on gun laws in Kansas? Perhaps you have concerns about gun laws in a neighboring state like Missouri. If you face criminal gun charges or need more information, seek legal advice. Consider talking with an experienced criminal defense lawyer.
Contact a qualified attorney.
Get tailored advice and ask your legal questions. Many Kansas attorneys offer free consultations.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.