Kansas broadly preempts local governments from regulating firearms, ammunition, or any component of either. Localities are restricted as follows:

No city or county shall adopt or enforce any ordinance, resolution or regulation, and no agent of any city or county shall take any administrative action, governing the requirement of fees, licenses or permits for, the commerce in or the sale, purchase, transfer, ownership, storage, carrying, transporting or taxation of firearms or ammunition, or any component or combination thereof.1

In addition, in a specific provision, Kansas broadly preempts regulation of the carrying of concealed handguns.

No city, county or other political subdivision of this state shall regulate, restrict or prohibit the carrying of concealed handguns by individuals except as provided in [certain provisions of state law, discussed below]. Any existing or future law, ordinance, rule, regulation or resolution enacted by any city, county or other political subdivision of this state that regulates, restricts or prohibits the carrying of concealed handguns by individuals except as provided in [the provisions discussed below], shall be null and void.2

Localities may, however, regulate concealed weapons in public buildings. Carry of a concealed handgun may be prohibited in any state or municipal building if the building has adequate security measures, including electronic equipment and personnel, to ensure that no weapons are permitted to be carried into such building, and the building is conspicuously posted in accordance with rules and regulations adopted by the attorney general as a building where carrying a concealed handgun is prohibited.3 Public employers may also restrict or prohibit employees from carrying concealed handguns while on the premises of the employer’s business or while engaged in the duties of the person’s employment.4 In addition, city and counties may levy and collect retailers’ sales tax on the sale of firearms, ammunition or any component or combination thereof.5

In 2014, the legislature repealed a number of exceptions to the preemption law that allowed cities and counties to regulate openly carrying a loaded firearm, carrying firearms in jails and courthouses, and transporting firearms.6

Kansas also preempted local governments from suing firearm manufacturers and dealers for causes of action relating to the lawful design, manufacture, marketing or sale of firearms or ammunition to the public. Local governments are authorized, however, to sue for breach of contract or warranty, or for damages caused to employees of political subdivisions by defects in firearms or ammunition purchased or used by the political subdivision.7

Kansas prohibits local officials, during a state of emergency, from seizing any lawfully possessed firearm other than as evidence in a criminal investigation, or requiring registration of any firearm not required to be registered by state law. Individuals harmed by a violation of this prohibition may file suit and recover the seized firearm, damages and attorneys’ fees.8

Kansas limits the local regulation of sport shooting ranges. 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 is permitted to continue in operation even if operation of the range at a later date does not conform to the new regulation. In addition, a sport shooting range in existence on the effective date of the law (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, is permitted to make repairs, expand facilities, activities and membership.9 Local government may regulate the location and construction of the facilities. Kansas permits local governments to exercise eminent domain or easement powers over a permanent or improved sport shooting range only as necessary for infrastructure additions or improvements, such as highways, waterways or utilities.10

Notes
  1. Kan. Stat. Ann. § 12-16,124. ⤴︎
  2. Kan. Stat. Ann. § 75-7c17. ⤴︎
  3. Kan. Stat. Ann. § 75-7c10(b)(2); Kan. Stat. Ann. § 75-7c20; Kan. Stat. Ann. § 75-7c22. ⤴︎
  4. Kan. Stat. Ann. § 75-7c10(b)(1). ⤴︎
  5. Kan. Stat. Ann. § 12-16,124(c)(4). ⤴︎
  6. 2014 Kan. Sess. Laws 97. ⤴︎
  7. Kan. Stat. Ann. § 60-4501. ⤴︎
  8. Kan. Stat. Ann. § 48-959. ⤴︎
  9. Kan. Stat. Ann. § 58-3223. ⤴︎
  10. Kan. Stat. Ann. § 58-3224. ⤴︎