Ammunition Regulation in Kansas

Kansas law 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.1

Kansas law does not:

  • Impose a minimum age for the purchase or possession of ammunition (although federal law applies);
  • Require sellers of ammunition to maintain a record of the purchasers;
  • Require a license for the purchase or possession of ammunition; or
  • Require a license to sell ammunition.

 

See our Ammunition Regulation policy summary for a comprehensive discussion of this issue.

 

Notes
  1. Kan. Stat. Ann. § 21-6301(a)(6). ⤴︎

Background Checks in Kansas

See our Background Checks policy summary for a comprehensive discussion of this issue.

Federal law requires federally licensed firearms dealers (but not private sellers) to initiate a background check on the purchaser prior to sale of a firearm. Federal law provides states with the option of serving as a state “point of contact” and conducting their own background checks using state, as well as federal, records and databases, or having the checks performed by the FBI using only the federal National Instant Criminal Background Check System (“NICS”) database. (Note that state files are not always included in the federal database.)

Kansas is not a point of contact state for the NICS. Kansas has no law requiring firearms dealers to initiate background checks prior to transferring a firearm. As a result, in Kansas, firearms dealers must initiate the background check required by federal law by contacting the FBI directly.1

Federal law does not require dealers to conduct a background check if a firearm purchaser presents a state permit to purchase or possess firearms that meets certain conditions.2 As a result, concealed weapons license holders in Kansas are exempt from the federal background check requirement.3 (Note, however, that people who have become prohibited from possessing firearms may continue to hold state permits – and pass background checks – if the state fails to remove these permits in a timely fashion.)

Kansas does not require unlicensed sellers (sellers who are not licensed dealers) to initiate a background check when transferring a firearm. See our Private Sales policy summary for more information.

 

Notes
  1. Federal Bureau of Investigation, National Instant Criminal Background Check System Participation Map, at http://www.fbi.gov/about-us/cjis/nics/general-information/participation-map. ⤴︎
  2. Federal law exempts persons who have been issued state permits to purchase or possess firearms 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). ⤴︎
  3. Bureau of Alcohol, Tobacco, Firearms & Explosives, U.S. Dept. of Justice, Brady Law: Permanent Brady Permit Chart (Jun. 10, 2014), at https://www.atf.gov/rules-and-regulations/permanent-brady-permit-chart. ⤴︎

Child Access Prevention in Kansas

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.”1  Kansas’ child endangerment statute also makes it a misdemeanor to knowingly and unreasonably cause or permit a child under the age of 18 years to be placed in a situation in which the child’s life, body or health may be endangered.2 This crime is aggravated and treated as a “person” felony when an individual recklessly causes or permits a child under the age of 18 years to be placed in a situation in which the child’s life, body or health is endangered.3

State administrative regulations govern storage of firearms in certain locations.

See our Child Access Prevention policy summary for a comprehensive discussion of this issue.

Notes
  1. Kan. Stat. Ann. § 21-4212(a)(3). ⤴︎
  2. Kan. Stat. Ann. § 21-5601(a). ⤴︎
  3. Kan. Stat. Ann. § 21-5601(b)(1). ⤴︎

Concealed Weapons Permitting in Kansas

See our Carrying Concealed Weapons policy summary for a comprehensive discussion of this issue.

In 2015, Kansas passed S.B. 45 into law, authorizing anyone 21 years of age and older to carry a concealed firearm on their person without a license or permit.  Individuals under 21 years of age may only do so when on their own land, abode, or fixed place of business.1

Despite this permitless carry provision, Kansas law still authorizes the Attorney General to issue concealed handgun licenses, which are valid throughout the state for four years after the date they are issued.2  The law makes clear, however, that “the availability of [such] licenses . . . shall not be construed to impose a general prohibition on the carrying of handguns without such license, whether carried openly or concealed, or loaded or unloaded.”3

Since January 1, 2007, Kansas has been a “shall issue” state, meaning that the Attorney General must issue a concealed handgun license to applicants who meets certain qualifications.4 The Attorney General must issue a license if the applicant:

  • Is a resident of the county where the application is made and is a resident of the state;
  • Is 21 years of age or older;
  • Is not prohibited from possessing a firearm under federal or Kansas law; and
  • 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 (see below for further information).5

However, Kansas law 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.6 The Attorney General must either issue the license within 90 days or deny the application based solely on the report submitted by the sheriff or other chief law enforcement officer or grounds that the applicant is legally disqualified.7 If the Attorney General denies the application, the Attorney General must notify the applicant in writing, stating the ground for denial and informing the applicant the opportunity for a hearing pursuant to the Kansas Administrative Procedure Act.8

Firearm Safety Training

An applicant for a Kansas concealed handgun license must present evidence satisfactory to the Attorney General that he or she has satisfactorily completed a handgun safety and training course approved by the attorney general.9

The Attorney General is required to adopt rules and regulations establishing procedures and standards for the eight-hour handgun safety and training course.10 Such standards must include:

  • A requirement that trainees receive training in the safe storage of handguns, actual firing of weapons, and instruction in Kansas laws governing the carrying of concealed handguns and the use of deadly force;
  • General guidelines for courses which are compatible with the industry standard for basic handgun 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 handgun training school approved by the attorney general.11

Safety and training courses taken outside the state of Kansas can satisfy Kansas’ CCW permitting requirement if the Attorney General has certified that the out-of-state course meets or exceeds the standards set by Kansas law.12

The following constitutes sufficient evidence of satisfactory completion of an approved handgun 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.13

Duration & Renewal

Kansas licenses to carry concealed weapons are valid for a period of four years from the date of issuance.14 The Attorney General must mail a notice of expiration and renewal form to the license holder at least 90 days prior to the expiration date of the license.15 A law enacted in Kansas in 2010 removed the requirement that the license holder re-qualify by completion of an approved weapons safety and training course.16

Disclosure or Use of Information

Kansas does not allow personal application or license information of concealed weapons license holders to be made public. Records relating to persons issued licenses, applicants for licenses, or persons denied licenses are confidential and must not be disclosed in a manner which enables identification of any such person.17 However, records of a person whose license has been suspended or revoked are subject to public inspection. 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 when requested for a legitimate law enforcement purpose.18

Reciprocity

Since Kansas passed S.B. 45 into law in 2015, any person 21 years of age and older may carry a concealed firearm on their person without a license or permit. 19

 

Notes
  1. Kan. Stat. Ann. § 21-6302(4). ⤴︎
  2. See Kan. Stat. Ann. § 75-7c03(a). ⤴︎
  3. Id. ⤴︎
  4. Kan. Stat. Ann. § 75-7c03. ⤴︎
  5. Kan. Stat. Ann. § 75-7c04. A law enacted in Kansas in 2010 removed a number of disqualifying categories which had previously prevented certain other individuals from obtaining licenses. See 2010 Kan. SB 306 (effective July 1, 2010), amending Kan. Stat. Ann. § 75-7c04. ⤴︎
  6. Kan. Stat. Ann. § 75-7c05(c)(2). ⤴︎
  7. Kan. Stat. Ann. § 75-7c05(e)(2). ⤴︎
  8. Id. Additional application and background check requirements, as well as license suspension and disqualification information, are detailed under Kansas Statutes Annotated §§ 75-7c03—75-7c05, and Kan. Admin. Regs. §§ 16-11-5, 16-11-8. ⤴︎
  9. Kan. Stat. Ann. § 75-7c04(b). ⤴︎
  10. Kan. Stat. Ann. § 75-7c04(b). ⤴︎
  11. Id. The attorney general has established standards pursuant to this provision. See Kan. Admin. Regs. §§ 16-11-2—16-11-4 for details. ⤴︎
  12. Kan. Stat. Ann. § 75-7c04(b)(2)(C). ⤴︎
  13. Kan. Stat. Ann. § 75-7c04(b)(2). ⤴︎
  14. Kan. Stat. Ann. § 75-7c03(a). ⤴︎
  15. Kan. Stat. Ann. § 75-7c08. ⤴︎
  16. 2010 Kan. SB 306 (effective July 1, 2010). ⤴︎
  17. Kan. Stat. Ann. § 75-7c06. ⤴︎
  18. Id. ⤴︎
  19. Kan. Stat. Ann. § 21-6302(4). ⤴︎

Dealer Regulations in Kansas

Federal law requires firearms dealers to obtain a license from the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), although resource limitations prevent the ATF from properly overseeing all its licensees.

Kansas does not require firearms dealers to obtain a state license, or significantly regulate firearms dealers in any way. See the Kansas Private Sales section for laws that apply to gun sales generally. See the Kansas Background Checks section for laws that require federally licensed dealers to conduct background checks on firearm purchasers.

See our Dealer Regulations policy summary for a comprehensive discussion of this issue.

Domestic Violence & Firearms in Kansas

In 2018, Kansas passed legislation to restrict some domestic abusers from legally acquiring and possessing guns.1 However, Kansas law still does not:

  • Require courts to notify domestic abusers when they become prohibited from possessing firearms or ammunition;
  • Require the surrender of firearms or ammunition by domestic abusers who have become prohibited from possessing firearms or ammunition; or
  • Explicitly authorize or require the removal of firearms or ammunition from abusers at the scene of a domestic violence incident.

Domestic Violence Misdemeanors

Kansas law now prohibits a person who has been convicted of a domestic violence misdemeanor offense from knowingly possessing guns within five years after conviction.2 However, federal law law generally provides a stronger lifetime prohibition on firearm possession by people convicted of domestic violence offenses.

Domestic Violence Restraining Orders

Kansas law now also prohibits abusers from knowingly possessing firearms while subject to certain domestic violence restraining orders.3  An abuser is prohibited from possessing guns if he or she is subject to a court order that:

A) Was issued after a hearing, of which the person received actual notice, and at which the person had an opportunity to participate;

(B) Restrains the person from harassing, stalking or threatening an intimate partner of the person, or a child of the person or intimate partner, or that restrains the person from engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or the child; and either

(C) (i) Includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; OR

(ii) by its terms explicitly prohibits the use, attempted use or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury.4

Federal law generally prohibits firearm possession by broader categories of domestic violence restraining order respondents.

See our Domestic Violence & Firearms policy summary for a comprehensive discussion of this issue.

Notes
  1. 2018 KS HB 2145. ⤴︎
  2. Kan. Stat. Ann. § 21-6301(a)(18). ⤴︎
  3. Kan. Stat. Ann. § 21-6301(a)(17). ⤴︎
  4. Id. ⤴︎