Kansas

License to carry concealed handgun; issuance; form; recognition of licenses issued by other jurisdictions; issuance of authorization documents

(a) The attorney general shall issue licenses to carry concealed handguns to persons who comply with the application and training requirements of this act and who are not disqualified under K.S.A. 75-7c04, and amendments thereto. Such licenses shall be valid throughout the state for a period of four years from the date of issuance. The availability of licenses to carry concealed handguns under this act shall not be construed to impose a general prohibition on the carrying of handguns without such license, whether carried openly or concealed, loaded or unloaded.

(b) Except as otherwise provided in subsection (d), the license shall be a separate card, in a form prescribed by the attorney general, that is approximately the size of a Kansas driver's license, shall indicate whether the license is a provisional or standard license and shall bear the licensee's signature, name, address, date of birth and driver's license number or nondriver's identification card number except that the attorney general shall assign a unique number for military applicants or their dependents described in K.S.A. 75-7c05(a)(1)(B), and amendments thereto.

(c)(1) Subject to the provisions of subsection (c)(2), a valid license or permit to carry a concealed firearm issued by another jurisdiction shall be recognized in this state, but only while the holder is not a resident of Kansas.

(2) A valid license or permit that is recognized pursuant to this subsection shall only entitle the lawful holder thereof to carry concealed handguns, as defined by K.S.A. 75-7c02, and amendments thereto, in accordance with the laws of this state while such holder is present in this state. The recognition of a license or permit pursuant to this subsection 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) As used in this subsection, the terms "jurisdiction" and "license or permit" shall have the same meanings as provided in K.S.A. 75-7c04, and amendments thereto.

(d) If at any time it becomes impractical for the division of vehicles of the department of revenue to issue physical cards consistent with the requirements of this act and the attorney general determines that the conditions for such impracticality have existed for at least 30 days, the attorney general shall issue an authorization document to each licensee that authorizes the licensee to exercise the rights and privileges to carry a concealed handgun as set forth in this act. Such document shall include the licensee information required under subsection (b) and state that the document is proof that the licensee holds a valid license to carry concealed handguns. All such documents issued during any such period that it is impractical for the division of vehicles of the department of revenue to issue a physical card shall expire 90 days after such conditions have ceased and it is practical for the division of vehicles to resume issuing physical cards.

Kans. Stat. Ann. § 75-7c03

Disqualifications; handgun safety and training course; training requirements for license in other jurisdictions, list

(a) The attorney general shall not issue a license pursuant to this act if the applicant:

(1) Is not a resident of the county where application for licensure is made or is not a resident of the state;

(2) is prohibited from shipping, transporting, possessing or receiving a firearm or ammunition under 18 U.S.C. § 922(g) or (n), and amendments thereto, or K.S.A. 21-4204, prior to its repeal, or K.S.A. 2023 Supp. 21-6301(a)(10) through (a)(13) or K.S.A. 2023 Supp. 21-6304(a)(1) through (a)(3), and amendments thereto; or

(3) (A) For a provisional license, is less than 18 years of age; or

(B) for a standard license, is less than 21 years of age.

(b) (1) The attorney general shall adopt rules and regulations establishing procedures and standards as authorized by this act for an eight-hour handgun safety and training course required by this section. Such standards shall include:

(A) A requirement that trainees receive training in the safe storage of handguns, actual firing of handguns and instruction in the laws of this state governing the carrying of concealed handguns and the use of deadly force;

(B) general guidelines for courses which are compatible with the industry standard for basic handgun training for civilians;

(C) qualifications of instructors; and

(D) a requirement that the course be:

(i) A handgun course certified or sponsored by the attorney general; or

(ii) a handgun course certified or sponsored by the national rifle association or by a law enforcement agency, college, private or public institution or organization or handgun training school, if the attorney general determines that such course meets or exceeds the standards required by rules and regulations adopted by the attorney general and is taught by instructors certified by the attorney general or by the national rifle association, if the attorney general determines that the requirements for certification of instructors by such association meet or exceed the standards required by rules and regulations adopted by the attorney general. Any person wanting to be certified by the attorney general as an instructor shall submit to the attorney general an application in the form required by the attorney general and a fee not to exceed $150.

(2) The cost of the handgun safety and training course required by this section shall be paid by the applicant. The following shall constitute satisfactory evidence of satisfactory completion of an approved handgun safety and training course:

(A) Evidence of completion of a course that satisfies the requirements of subsection (b)(1), in the form provided by rules and regulations adopted by the attorney general;

(B) 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;

(C) evidence of completion of a course offered in another jurisdiction which is determined by the attorney general to have training requirements that are equal to or greater than those required by this act; or

(D) a determination by the attorney general pursuant to subsection (c).

(c) (1) The attorney general may:

(A) Create a list of concealed carry handgun licenses or permits issued by other jurisdictions that the attorney general finds have training requirements that are equal to or greater than those of this state; and

(B) review each application received pursuant to K.S.A. 75-7c05, and amendments thereto, to determine if the applicant's previous training qualifications were equal to or greater than those of this state.

(2) For the purposes of this subsection:

(A) "Equal to or greater than" means the applicant's prior training meets or exceeds the training established in this section by having required, at a minimum, the applicant to: (i) Receive instruction on the laws of self-defense; and (ii) demonstrate training and competency in the safe handling, storage and actual firing of handguns.

(B) "Jurisdiction" means another state or the District of Columbia.

(C) "License or permit" means a concealed carry handgun license or permit from another jurisdiction that has not expired and, except for any residency requirement of the issuing jurisdiction, is currently in good standing.

Kans. Stat. Ann. § 75-7c04

Attorney General's Opinions: Attorney general lacks discretion to deny concealed carry license for any reason other than those stated in the personal and family protection act. 2019-4.

Application; fee for fingerprints; criminal history records report; issuance or denial of license; issuance of authorization documents; special requirements for retired law enforcement officers, corrections officers and military personnel

(a) The application for a license pursuant to this act shall be completed, under oath, on a form prescribed by the attorney general and shall only include:

(1) (A) Subject to the provisions of subsection (a)(1)(B), the name, address, social security number, Kansas driver's license number or Kansas nondriver's license identification number, place and date of birth, a photocopy of the applicant's driver's license or nondriver's identification card and a photocopy of the applicant's certificate of training course completion;

(B) in the case of an applicant who presents proof that such person is on active duty with any branch of the armed forces of the United States, or is the dependent of such a person, and who does not possess a Kansas driver's license or Kansas nondriver's license identification, the number of such license or identification shall not be required;

(2) a statement that the applicant is in compliance with criteria contained within K.S.A. 75-7c04, and amendments thereto;

(3) a statement that the applicant has been furnished a copy of this act and is knowledgeable of its provisions;

(4) a conspicuous warning that the application is executed under oath and that a false answer to any question, or the submission of any false document by the applicant, subjects the applicant to criminal prosecution under K.S.A. 21-5903, and amendments thereto; and

(5) a statement that the applicant desires a concealed handgun license as a means of lawful self-defense.

(b) Except as otherwise provided in subsection (i), the applicant shall submit to the sheriff of the county where the applicant resides, during any normal business hours:

(1) A completed application described in subsection (a);

(2) an amount of $32.50 payable to the sheriff of the county where the applicant resides for the purpose of covering the cost of taking fingerprints pursuant to subsection (c);

(3) if applicable, a photocopy of the proof of training required by K.S.A. 75-7c04(b)(1), and amendments thereto; and

(4) a full frontal view photograph of the applicant taken within the preceding 30 days.

(c) (1) Except as otherwise provided in subsection (i), the sheriff, upon receipt of the items listed in subsection (b), shall provide for the full set of fingerprints of the applicant to be taken and forwarded to the attorney general for purposes of a criminal history records check as provided by subsection (d). In addition, the sheriff shall forward the application to the attorney general. Notwithstanding any provision in this section to the contrary, an applicant shall not be required to submit fingerprints for a renewal application under K.S.A. 75-7c08, and amendments thereto.

(2) The sheriff of the applicant's county of residence or the chief law enforcement officer of any law enforcement agency, at the sheriff's or chief law enforcement officer's discretion, may participate in the process by submitting 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. Any such voluntary reporting shall be made within 45 days after the date the sheriff receives the application. Any sheriff or chief law enforcement officer submitting a voluntary report shall not incur any civil or criminal liability as the result of the good faith submission of such report.

(3) All funds retained by the sheriff pursuant to the provisions of this section shall be credited to a special fund of the sheriff's office which shall be used solely for the purpose of administering this act.

(d) Each applicant shall be subject to a state and national criminal history records check which conforms to applicable federal standards, including an inquiry of the national instant criminal background check system for the purpose of verifying the identity of the applicant and whether the applicant has been convicted of any crime or has been the subject of any restraining order or any mental health related finding that would disqualify the applicant from holding a license under this act. The attorney general is authorized to use the information obtained from the state or national criminal history record check to determine the applicant's eligibility for such license.

(e) Within 90 days after the date of receipt of the items listed in subsection (b), the attorney general shall:

(1) (A) Issue the license and certify the issuance to the department of revenue; and

(B) if it is impractical for the division of vehicles of the department of revenue to issue physical cards consistent with the requirements of this act and the attorney general has determined that the conditions for such impracticality have existed for at least 30 days, the attorney general shall issue an authorization document in accordance with K.S.A. 75-7c03(d), and amendments thereto; or

(2) deny the application based solely on: (A) The report submitted by the sheriff or other chief law enforcement officer under subsection (c)(2) for good cause shown therein; or (B) the ground that the applicant is disqualified under the criteria listed in K.S.A. 75-7c04, and amendments thereto. If the attorney general denies the application, the attorney general shall 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.

(f) No person who is issued a license or has such license renewed shall be required to pay a fee for the cost of the license or renewal except as otherwise provided in subsection (b) for the purpose of covering the cost of taking fingerprints.

(g) (1) A person who is a retired law enforcement officer, as defined in K.S.A. 21-5111, and amendments thereto, shall be: (A) Exempt from the required completion of a handgun safety and training course if such person was certified by the Kansas commission on peace officer's standards and training, or similar body from another jurisdiction, not more than eight years prior to submission of the application; and (B) required to comply with the criminal history records check requirement of this section.

(2) Proof of retirement as a law enforcement officer shall be required and provided to the attorney general in the form of a letter from the agency head, or their designee, of the officer's retiring agency that attests to the officer having retired in good standing from that agency as a law enforcement officer for reasons other than mental instability and that the officer has a nonforfeitable right to benefits under a retirement plan of the agency.

(h) A person who is a corrections officer, a parole officer or a corrections officer employed by the federal bureau of prisons, as defined by K.S.A. 75-5202, and amendments thereto, shall be: (1) Exempt from the required completion of a handgun safety and training course if such person was issued a certificate of firearms training by the department of corrections or the federal bureau of prisons or similar body not more than one year prior to submission of the application; and (2) required to comply with the criminal history records check requirement of this section.

(i) A person who presents proof that such person is on active duty with any branch of the armed forces of the United States and is stationed at a United States military installation located outside this state, may submit by mail an application described in subsection (a) and the other materials required by subsection (b) to the sheriff of the county where the applicant resides. Provided the applicant is fingerprinted at a United States military installation, the applicant may submit a full set of fingerprints of such applicant along with the application. Upon receipt of such items, the sheriff shall forward to the attorney general the application.

Kans. Stat. Ann. § 75-7c05

Same; records related to licenses, disclosure; address change or loss or destruction of license, requirements

(a) The attorney general shall be the official custodian of all records relating to licenses issued pursuant to the personal and family protection act.

(b) Except as provided by subsections (c) and (d), records relating to persons issued licenses pursuant to this act, persons applying for licenses pursuant to this act or persons who have had a license denied pursuant to this act shall be confidential and shall not be disclosed pursuant to the Kansas open records act. Any disclosure of a record in violation of this subsection is a class A misdemeanor.

(c) Records of a person whose license has been suspended or revoked pursuant to this act shall be subject to public inspection in accordance with the open records act.

(d) The attorney general shall maintain an automated listing of license holders and pertinent information, and such information shall be available at all times to all law enforcement agencies in this state, other states and the District of Columbia when requested for a legitimate law enforcement purpose.

(e) Within 30 days after the changing of a permanent address, or within 30 days after the discovery that a license has been lost or destroyed, the licensee shall notify the attorney general of such change, loss or destruction. The attorney general, upon notice and opportunity for hearing in accordance with the provisions of the Kansas administrative procedure act, may order a licensee to pay a fine of not more than $100, or may suspend the licensee's license for not more than 180 days, for failure to notify the attorney general pursuant to the provisions of this subsection.

(f) In the event that a concealed handgun license is lost or destroyed, the license shall be automatically invalid, and the person to whom the license was issued, upon payment of $15 to the attorney general, may obtain a duplicate, or substitute thereof, upon furnishing a notarized statement to the attorney general that such license has been lost or destroyed.

Kans. Stat. Ann. § 75-7c06

75-7c07. Same; denial, revocation or suspension; change of residency.

(a) In accordance with the provisions of the Kansas administrative procedure act, the attorney general shall deny a license to any applicant for license who is ineligible under K.S.A. 75-7c04, and amendments thereto, and, except as provided by subsection (b), shall revoke a license at any time the license of any person who would be ineligible under K.S.A. 75-7c04, and amendments thereto, if submitting an application for a license at such time. Review by the district court in accordance with the Kansas judicial review act shall be, at the option of the party seeking review, in Shawnee county or the county in which the petitioner resides. The revocation shall remain in effect pending any appeal and shall not be stayed by the court.

(b) The license of a person who is charged for an offense or is subject to a proceeding that could render the person ineligible pursuant to subsection (a) of K.S.A. 75-7c04, and amendments thereto, shall be subject to suspension and shall be reinstated upon final disposition of the charge or outcome of the proceeding as long as the arrest or proceeding does not result in a disqualifying conviction, commitment, finding or order.

(c) The sheriff of the county where a restraining order is issued that would prohibit issuance of a license under subsection (a)(2) of K.S.A. 75-7c04, and amendments thereto, shall notify the attorney general immediately upon receipt of such order. If the person subject to the restraining order holds a license issued pursuant to this act, the attorney general immediately shall suspend such license upon receipt of notice of the issuance of such order. The attorney general shall adopt rules and regulations establishing procedures which allow for 24-hour notification and suspension of a license under the circumstances described in this subsection. The attorney general shall immediately reinstate the license, if it has not otherwise expired, upon proof of the cancellation of the order.

(d) (1) If the provisions of paragraph (2) are met, a license issued pursuant to this act shall not be revoked until 90 days after the person issued such license is no longer a resident of this state, if being a nonresident of this state is the only grounds for revocation.

(2) A license issued pursuant to this act shall be considered valid for 90 days after a licensee is no longer a resident of Kansas, provided that:

(A) Prior to the change in residency, the licensee notified the attorney general in writing of the pending change; and

(B) the licensee's new state of residence, or any other state or jurisdiction that such licensee travels to during the 90-day period, would recognize such license as valid.

(e) A person who has been issued a license pursuant to this act and who gave up residency in this state, but has returned to reside in this state shall be eligible to have their license reinstated as valid provided that: (1) The license has not expired; and (2)(A) the licensee notified the attorney general in writing of both the residency departure and relocation back to this state; or (B) if such licensee failed to comply with the notification requirements of this subsection, the penalty provisions of subsection (e) of K.S.A. 75-7c06, and amendments thereto, have been satisfied.

Kans. Stat. Ann. § 75-7c07

75-7c08. Renewal of license; background check; permanent expiration upon nonrenewal; conditions of reapplication.

(a) Not less than 90 days prior to the expiration date of the license, the attorney general shall mail to the licensee a written notice of the expiration and a renewal form prescribed by the attorney general. The licensee shall renew the license on or before the expiration date by filing with the attorney general the renewal form, a notarized affidavit, either in person or by certified mail, stating that the licensee remains qualified pursuant to the criteria specified in K.S.A. 75-7c04, and amendments thereto, and a full frontal view photograph of the applicant taken within the preceding 30 days to the attorney general. The attorney general shall complete a name-based background check, including a search of the national instant criminal background check system database. A renewal application is considered filed on the date the renewal form and affidavit are delivered in person to the attorney general's office or on the date a certified mailing to the attorney general's office containing these items is postmarked.

(b) Upon receipt of a renewal application as specified in subsection (a), a background check in accordance with K.S.A. 75-7c05(d), and amendments thereto, shall be completed. Fingerprints shall not be required for renewal applications. If the licensee is not disqualified as provided by this act, the license shall be renewed upon receipt by the attorney general of the items listed in subsection (a) and the completion of the background check. If the licensee holds a valid provisional license at the time the renewal application is submitted, then the attorney general shall issue a standard license to the licensee if the licensee is not disqualified as provided by this act.

(c) No license shall be renewed if the renewal application is filed six months or more after the expiration date of the license, and such license shall be deemed to be permanently expired. A person whose license has been permanently expired may reapply for licensure but an application for licensure pursuant to K.S.A. 75-7c05, and amendments thereto, shall be submitted, and a background investigation including the submission of fingerprints, shall be conducted pursuant to the provisions of that section.

Kans. Stat. Ann. § 75-7c08

Kansas law:

The attorney general shall issue licenses to carry concealed handguns to persons who comply with the application and training requirements of this act and who are not disqualified under K.S.A. 75-7c04, and amendments thereto. Such licenses shall be valid throughout the state for a period of four years from the date of issuance. The availability of licenses to carry concealed handguns under this act 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.

Kan. Stat. § 75-7c03 (a)

Kansas law:

12-16-124. Firearms and ammunition; regulation by city or county, limitations.

(a) 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.

(b) Any ordinance, resolution or regulation prohibited by subsection (a) that was adopted prior to July 1, 2015, shall be null and void.

(c) Nothing in this section shall:

(1) Prohibit a city or county from adopting and enforcing any ordinance, resolution or regulation relating to the personnel policies of such city or county and the carrying of firearms by employees of such city or county, except that any such ordinance, resolution or regulation shall comply with the provisions of K.S.A. 75-7c01 et seq., and amendments thereto;

(2) prohibit a city or county from adopting any ordinance, resolution or regulation pursuant to K.S.A. 75-7c20, and amendments thereto;

(3) prohibit a law enforcement officer, as defined in K.S.A. 22-2202, and amendments thereto, from acting within the scope of such officer's duties; or

(4) prohibit a city or county from levying and collecting any retailers' sales tax on the sale of firearms, ammunition or any component or combination thereof as authorized by K.S.A. 12-189, and amendments thereto.

Kans. Stat. Ann. § 12-16-124

Attorney General's Opinions:

• Cities or counties may regulate the manner of openly carrying a loaded firearm in the immediate control of a non-holder of a concealed carry permit on public or private property but may not regulate a permit holder on public property. 2011-6.
• City not authorized to prohibit a person holding a concealed carry license from carrying a concealed firearm while performing the duties of private security officer. 2011-24.
• Local zoning regulations that prohibit home-based businesses engaged in the sale of firearms or ammunition over the internet is preempted by state law. 2012-2.
• City ordinance banning the open carry of firearms by all persons except those in possession of a valid state-issued concealed carry license would be pre-empted by state law. 2013-13.
• City or county may not require persons licensed to carry concealed handguns to completely encase long guns in a container when transporting such long guns by vehicle. 2013-17.
• Statute preempts the adoption and enforcement of local laws governing the carrying of firearms inside city buildings, except as provided by the personal and family protection act. 2014-22.

Kansas law:

Kansas has no law requiring a background check on the purchaser of a firearm when the seller is not a licensed dealer. Kansas does, however, prohibit any person from knowingly selling, giving or otherwise transferring any firearm to any person:

1. Under 18 years of age, if the firearm has a barrel less than 12 inches long;
2. Who is both addicted to and an unlawful user of a controlled substance;
3. 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;
4. Who, within the preceding five years, has been convicted of certain felonies 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;
5. Who, within the preceding ten years, has been convicted of certain felonies, even if he or she 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
6. Is or has been a mentally ill person subject to involuntary commitment for care and treatment as defined by Kansas law, or a person with an alcohol or substance abuse problem subject to involuntary commitment for care and treatment, unless he or she obtained a “certificate of restoration pursuant to Kansas law.”

Kan. Stat. § 21-6301 (a)

Kansas has no laws restricting the ammunition capacity of magazines.

Kansas law:

In Kansas, firearms are prohibited in the following locations.

1. Posted public buildings with "adequate security." The carrying of a concealed handgun shall not be prohibited in any public area of any state or municipal building unless such public area has adequate security measures to ensure that no weapons are permitted to be carried into such public area and the public area is conspicuously posted with either permanent or temporary signage. Kan. Stat. Ann. § 75-7c20
2. Secure areas of a corrections facility, a jail facility, or a law enforcement agency.
3. Kansas state school for the deaf or the Kansas state school for the blind.
4. A state or municipal-owned medical care facility, as defined in K.S.A. 65-425.
5. A community mental health center organized pursuant to K.S.A. 19-4001.
6. Public or Private K-12 school buildings if posted (K-12 schools do not require "adequate security" to prohibit carry).
7. Posted businesses and other buildings: Any person who carries into a posted building without adequate security (other than a school) shall not be subject to a criminal penalty but may be subject to denial to such premises or removal from such premises. KS LEGIS 134 (2014), 2014 Kansas Laws Ch. 134 (H.B. 2140).
8. Race tracks: (K.A.R. 112-11-21). This prohibition may be preempted by H.B. 2052, but it is still on the books and will be listed here until it is removed from the Kansas Administrative Regulations.
9. Courtrooms: The chief judge can prohibit the carrying of concealed firearms into courtrooms provided adequate security is in place. HB 2502.

Kansas law does not specifically address the issue of open carry. Therefore, open carry is legal with or without a license. However, a person still may not take a firearm into a place where firearms are prohibited by state or federal law. Also, posted buildings may prohibit open carry under the following conditions:

• The building is conspicuously posted in accordance with rules and regulations adopted by the attorney general as a building where carrying an unconcealed firearm is prohibited; it shall be unlawful to carry an unconcealed firearm into such building.
• It shall be a violation of this section to carry an unconcealed firearm if the building is posted in accordance with rules and regulations adopted by the attorney general pursuant to subsection (d). Any person who violates this section shall not be subject to a criminal penalty but may be subject to denial to such premises or removal from such premises.

KS LEGIS 97 (2014), 2014 Kansas Laws Ch. 97 (H.B. 2578), Kan. Stat. Ann. § 12-16,124

 

In Kansas, no-weapons signs do not have the force of law.

Kansas law:

Possession of a firearm under the influence

(a) Possession of a firearm under the influence is knowingly possessing or carrying a loaded firearm on or about such person, or within such person's immediate access and control while in a vehicle, while under the influence of alcohol or drugs, or both, to such a degree as to render such person incapable of safely operating a firearm.

(b) Possession of a firearm under the influence is a class A nonperson misdemeanor.

(c) This section shall not apply to:

(1) A person who possesses or carries a firearm while in such person's own dwelling or place of business or on land owned or possessed by such person; or

(2) the transitory possession or use of a firearm during an act committed in self-defense or in defense of another person or any other act committed if legally justified or excused, provided such possession or use lasts no longer than is immediately necessary.

(d) If probable cause exists for a law enforcement officer to believe a person is in possession of a firearm under the influence of alcohol or drugs, or both, such law enforcement officer shall request such person to submit to one or more tests of the person's blood, breath, urine or other bodily substance to determine the presence of alcohol or drugs. The selection of the test or tests shall be made by the officer.

(e) (1) If a law enforcement officer requests a person to submit to a test of blood under this section, the withdrawal of blood at the direction of the officer may be performed only by:

(A) A person licensed to practice medicine and surgery, licensed as a physician's assistant, or a person acting under the direction of any such licensed person;

(B) a registered nurse or a licensed practical nurse;

(C) any qualified medical technician, including, but not limited to, an emergency medical technician-intermediate, mobile intensive care technician, an emergency medical technician-intermediate/defibrillator, an advanced emergency medical technician or a paramedic, as those terms are defined in K.S.A. 65-6112, and amendments thereto, authorized by medical protocol; or

(D) a phlebotomist.

(2) A law enforcement officer may direct a medical professional described in this subsection to draw a sample of blood from a person if the person has given consent or upon meeting the requirements of subsection (d).

(3) When so directed by a law enforcement officer through a written statement, the medical professional shall withdraw the sample as soon as practical and shall deliver the sample to the law enforcement officer or another law enforcement officer as directed by the requesting law enforcement officer as soon as practical, provided the collection of the sample does not jeopardize the person's life, cause serious injury to the person or seriously impede the person's medical assessment, care or treatment. The medical professional authorized herein to withdraw the blood and the medical care facility where the blood is drawn may act on good faith that the requirements have been met for directing the withdrawing of blood once presented with the written statement provided for under this subsection. The medical professional shall not require the person to sign any additional consent or waiver form. In such a case, the person authorized to withdraw blood and the medical care facility shall not be liable in any action alleging lack of consent or lack of informed consent.

(4) Such sample or samples shall be an independent sample and not be a portion of a sample collected for medical purposes. The person collecting the blood sample shall complete the collection portion of a document provided by law enforcement.

(5) If a sample is to be taken under authority of a search warrant, and the person must be restrained to collect the sample pursuant to this section, law enforcement shall be responsible for applying any such restraint utilizing acceptable law enforcement restraint practices. The restraint shall be effective in controlling the person in a manner not to jeopardize the person's safety or that of the medical professional or attending medical or health care staff during the drawing of the sample and without interfering with medical treatment.

(6) A law enforcement officer may request a urine sample upon meeting the requirements of subsection (d).

(7) If a law enforcement officer requests a person to submit to a test of urine under this section, the collection of the urine sample shall be supervised by:

(A) A person licensed to practice medicine and surgery, licensed as a physician's assistant, or a person acting under the direction of any such licensed person;

(B) a registered nurse or a licensed practical nurse; or

(C) a law enforcement officer of the same sex as the person being tested.

The collection of the urine sample shall be conducted out of the view of any person other than the persons supervising the collection of the sample and the person being tested, unless the right to privacy is waived by the person being tested. When possible, the supervising person shall be a law enforcement officer. The results of qualitative testing for drug presence shall be admissible in evidence and questions of accuracy or reliability shall go to the weight rather than the admissibility of the evidence. If the person is medically unable to provide a urine sample in such manner due to the injuries or treatment of the injuries, the same authorization and procedure as used for the collection of blood in paragraphs (2) and (3) shall apply to the collection of a urine sample.

(8) The person performing or assisting in the performance of any such test and the law enforcement officer requesting any such test who is acting in accordance with this section shall not be liable in any civil and criminal proceeding involving the action.

(f) (1) The person's refusal shall be admissible in evidence against the person at any trial on a charge arising out of possession of a firearm under the influence of alcohol or drugs, or both.

(2) Failure of a person to provide an adequate breath sample or samples as directed shall constitute a refusal unless the person shows that the failure was due to physical inability caused by a medical condition unrelated to any ingested alcohol or drugs.

(3) In any criminal prosecution for a violation of this section, if the court finds that a person refused to submit to testing when requested pursuant to this section, the county or district attorney, upon petition to the court, may recover on behalf of the state, in addition to the criminal penalties provided in this section, a civil penalty not exceeding $1,000 for each violation.

(g) If a person who holds a valid license to carry a concealed handgun issued pursuant to K.S.A. 75-7c01 et seq., and amendments thereto, is convicted of a violation of this section, such person's license to carry a concealed handgun shall be revoked for a minimum of one year for a first offense and three years for a second or subsequent offense.

(h) In any criminal prosecution for possession of a firearm under the influence of alcohol or drugs, or both, evidence of the concentration of alcohol or drugs in the defendant's blood, urine, breath or other bodily substance may be admitted and shall give rise to the following:

(1) If the alcohol concentration is less than .08, that fact may be considered with other competent evidence to determine if the defendant was under the influence of alcohol or drugs, or both.

(2) If the alcohol concentration is .08 or more, it shall be prima facie evidence that the defendant was under the influence of alcohol.

(3) If there was present in the defendant's bodily substance any narcotic, hypnotic, somnifacient, stimulating or other drug which has the capacity to render the defendant incapacitated, that fact may be considered to determine if the defendant was under the influence of alcohol or drugs, or both.

(i) The provisions of subsection (h) shall not be construed as limiting the introduction of any other competent evidence bearing upon the question of whether or not the defendant was under the influence of alcohol or drugs, or both.

(j) Upon the request of any person submitting to testing under this section, a report of the results of the testing shall be made available to such person.

Kans. Stat. Ann. § 21-6332

Kansas law:

Under Kansas law, a person may transport a loaded firearm in a vehicle, regardless of whether the person is licensed to carry a concealed handgun, and regardless of whether the loaded firearm is stored in a container or transported in plain view. Effective July 1, 2014, a city or county may not enforce local laws regulating the transportation of a firearm in a vehicle.

Op. Att’y Gen. No. 2014-14 (2014)

Kansas: does not have any laws specifically related to how firearms must be stored.

Criminal Carrying of a Weapon

(a) Criminal carrying of a weapon is knowingly carrying:

1. Any bludgeon, sandclub, metal knuckles or throwing star;
2. concealed on one's person, a billy, blackjack, slungshot or any other dangerous or deadly weapon or instrument of like character;
3. on one's person or in any land, water or air vehicle, with intent to use the same unlawfully, a tear gas or smoke bomb or projector or any object containing a noxious liquid, gas or substance;
4. any pistol, revolver or other firearm concealed on one's person if such person is under 21 years of age, except when on such person's land or in such person's abode or fixed place of business; or
5. a shotgun with a barrel less than 18 inches in length or any other firearm designed to discharge or capable of discharging automatically more than once by a single function of the trigger whether the person knows or has reason to know the length of the barrel or that the firearm is designed or capable of discharging automatically.

(b) Criminal carrying of a weapon as defined in:

1. Subsections (a)(1), (a)(2), (a)(3) or (a)(4) is a class A nonperson misdemeanor; and
2. subsection (a)(5) is a severity level 9, nonperson felony.

(c) Subsection (a) shall not apply to:

1. Law enforcement officers, or any person summoned by any such officers to assist in making arrests or preserving the peace while actually engaged in assisting such officer;
2. 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;
3. 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; or
4. the manufacture of, transportation to, or sale of weapons to a person authorized under subsections (c)(1), (c)(2) and (c)(3) to possess such weapons.

(d) Subsection (a)(4) shall not apply to any person who is carrying a handgun, as defined in K.S.A. 75-7c02, and amendments thereto, and who possesses a valid provisional license issued pursuant to K.S.A. 75-7c03, and amendments thereto, or a valid license or permit to carry a concealed firearm that was issued by another jurisdiction and is recognized in this state pursuant to K.S.A. 75-7c03, and amendments thereto.

(e) Subsection (a)(5) shall not apply to:

1. Any person who sells, purchases, possesses or carries a firearm, device or attachment which has been rendered unserviceable by steel weld in the chamber and marriage weld of the barrel to the receiver and which has been registered in the national firearms registration and transfer record in compliance with 26 U.S.C. § 5841 et seq. in the name of such person and, if such person transfers such firearm, device or attachment to another person, has been so registered in the transferee's name by the transferor;
2. any person employed by a laboratory which is certified by the United States department of justice, national institute of justice, while actually engaged in the duties of their employment and on the premises of such certified laboratory. Subsection (a)(5) shall not affect the manufacture of, transportation to or sale of weapons to such certified laboratory; or
3. any person or entity in compliance with the national firearms act, 26 U.S.C. § 5801 et seq.

(f) As used in this section, "throwing star" means the same as prescribed by K.S.A. 21-6301, and amendments thereto.

Kans. Stat. Ann. § 21-6302

Kansas is a no-duty-to-inform state.

Kansas law does not require that you volunteer to law enforcement officers that you have a CCHL and firearm, but you might consider doing so, depending upon the circumstances (e.g., if the presence of a firearm is likely to become a safety concern) because some states do require immediate disclosure of such status so it may be good practice for some, especially those that travel often. While not legally required, it may certainly be prudent and in the best interest of the licensee, if they happen to be stopped by law enforcement, to honestly answer a law enforcement officer’s inquiry about any firearms on the licensee’s person or within their immediate access at that time. Licensees should consult with a private attorney for legal advice specific to scenarios as the Attorney General’s Office generally cannot extend private legal advice.

If a law enforcement officer asks for your firearm, you should ask the officer how it should be presented and then follow those instructions in a safe manner. While the circumstances will determine whether a law enforcement officer can legally seize your firearm, LAW ENFORCEMENT PERSONNEL ARE ALWAYS AUTHORIZED TO REQUEST THAT YOU SURRENDER YOUR FIREARM TEMPORARILY TO ENSURE THEIR OWN SAFETY. If placed under arrest, your handgun will likely be seized and retained by the arresting officer.

Kansas Concealed Carry Handgun License Lesson Plan

Kansas does not have Emergency Risk Orders ("Red Flag Laws).

Kansas law:

Use of force in defense of a person.

(a) A person is justified in the use of force against another when and to the extent it appears to such person and such person reasonably believes that such use of force is necessary to defend such person or a third person against such other’s imminent use of unlawful force.
(b) A person is justified in the use of deadly force under circumstances described in subsection (a) if such person reasonably believes that such use of deadly force is necessary to prevent imminent death or great bodily harm to such person or a third person.
(c) Nothing in this section shall require a person to retreat if such person is using force to protect such person or a third person.

Kans. Stat. Ann. § 21-5222

A legally sufficient claim of self-defense requires evidence supporting both:

1. a subjective belief on the part of the defendant that
   1. the use of unlawful force is imminent and
   2. the use of force is necessary and
2. an objective determination that a reasonable person would have come to the same conclusions.

State v. Andrew, 301 Kan. 36, 340 P.3d 476 (2014)

Kansas does not have a law specific to the defense of others, but does allow for the defense of a third person in its defense-of-person law.

Kansas law:

(a) A person is justified in the use of force against another when and to the extent that it appears to such person and such person reasonably believes that such use of force is necessary to prevent or terminate such other's unlawful entry into or attack upon such person's dwelling, place of work or occupied vehicle.

(b) A person is justified in the use of deadly force to prevent or terminate unlawful entry into or attack upon any dwelling, place of work or occupied vehicle if such person reasonably believes that such use of deadly force is necessary to prevent imminent death or great bodily harm to such person or another.

(c) Nothing in this section shall require a person to retreat if such person is using force to protect such person's dwelling, place of work or occupied vehicle.

Kan. Stat. § 21-5223

Presumptions

(a) For the purposes of K.S.A. 21-3211 and 21-3212, prior to their repeal, or K.S.A. 21-5222 and 21-5223, and amendments thereto, a person is presumed to have a reasonable belief that deadly force is necessary to prevent imminent death or great bodily harm to such person or another person if:

1. The person against whom the force is used, at the time the force is used:
   1. (A) Is unlawfully or forcefully entering, or has unlawfully or forcefully entered, and is present within, the dwelling, place of work or occupied vehicle of the person using force; or
   2. (B) has removed or is attempting to remove another person against such other person's will from the dwelling, place of work or occupied vehicle of the person using force;
2. the person using force knows or has reason to believe that any of the conditions set forth in paragraph (1) is occurring or has occurred.

(b) The presumption set forth in subsection (a) does not apply if, at the time the force is used:

1. The person against whom the force is used has a right to be in, or is a lawful resident of, the dwelling, place of work or occupied vehicle of the person using force, and is not subject to any order listed in K.S.A. 21-3843, prior to its repeal, or K.S.A. 21-5924, and amendments thereto, that would prohibit such person's presence in the property;
2. the person sought to be removed is a child, grandchild or is otherwise in the lawful custody or under the lawful guardianship of the person against whom the force is used;
3. the person using force is engaged in the commission of a crime, attempting to escape from a location where a crime has been committed, or is using the dwelling, place of work or occupied vehicle to further the commission of a crime; or
4. the person against whom the force is used is a law enforcement officer who has entered or is attempting to enter a dwelling, place of work or occupied vehicle in the lawful performance of such officer's lawful duties, and the person using force knows or reasonably should know that the person who has entered or is attempting to enter is a law enforcement officer.

Kan. Stat. § 21-5224

Kansas law:

A person who is lawfully in possession of property other than a dwelling, place of work or occupied vehicle is justified in the use of force against another for the purpose of preventing or terminating an unlawful interference with such property. Only such use of force as a reasonable person would deem necessary to prevent or terminate the interference may intentionally be used.

Kan. Stat. § 21-5225

In McCracken v. Kohl, a man rammed his vehicle into a car in which people he thought had just robbed his home were sitting. The court ruled that use of force was not justified in mere defense of property. As there was no imminent threat to human life, using a vehicle to ram another occupied vehicle is excessive force.

McCracken v. Kohl, 286 Kan. 1114, 191 P.3d 313 (2008)

Kansas law:

A person who uses force which, subject to the provisions of K.S.A. 21-5226, and amendments thereto, is justified pursuant to K.S.A. 21-5222, 21-5223 or 21-5225, and amendments thereto, is immune from criminal prosecution and civil action for the use of such force, unless the person against whom force was used is a law enforcement officer who was acting in the performance of such officer's official duties and the officer identified the officer's self in accordance with any applicable law or the person using force knew or reasonably should have known that the person was a law enforcement officer. As used in this subsection, "criminal prosecution" includes arrest, detention in custody and charging or prosecution of the defendant.

A law enforcement agency may use standard procedures for investigating the use of force as described in subsection (a), but the agency shall not arrest the person for using force unless it determines that there is probable cause for the arrest.

A prosecutor may commence a criminal prosecution upon a determination of probable cause.

Kan. Stat. § 21-5231

In ruling on request for immunity from criminal prosecution based on claim of self-defense, district court should conduct an evidentiary hearing procedurally comparable to a preliminary examination and resolve conflicting evidence in favor of the state.

State v. Hardy, 51 Kan. App. 2d 296, 347 P.3d 222 (2015)

The district court erred in granting self-defense immunity and dismissing the charge of aggravated battery without holding an evidentiary hearing, procedurally comparable to a preliminary examination, wherein conflicting evidence would be viewed in a light favoring the state.

State v. Evans, 51 Kan. App. 2d 1043, 1054, 360 P.3d 1086 (2015)

A district judge may consider and grant stand-your-ground immunity sua sponte at any time before sentencing has been pronounced.

State v. Barlow, 303 Kan. 804, 818-19, 368 P.3d 331 (2016)

In evaluating a motion for immunity, court must consider the totality of the circumstances without deference to the state.

State v. Evans, 305 Kan. 1072, 1074, 389 P.3d 1278 (2017)

On a motion for immunity, the district court must consider the totality of circumstances, weigh the evidence before it without deference to the state and determine whether the state established probable cause that the defendant's use of force was not justified.

State v. Macomber, 309 Kan. 907, 441 P.3d 479 (2019)

The state can defeat a pretrial motion for immunity by establishing probable cause that the defendant was engaged in a forcible felony or initially provoked the use of force.

State v. Collins, 311 Kan. 418, 429, 461 P.3d 828 (2020)

Self-defense and immunity are distinct concepts, and the distinction between the two concepts is effectively lost if a case is erroneously permitted to go to trial; district courts must perform a procedural gatekeeping function and prevent cases where defendants qualify for immunity from going to trial.

State v. Betts, 60 Kan. App. 2d 269, 281, 489 P.3d 866 (2021), rev. granted (Sept. 27, 2021)

Probable cause under statute means that the district court's findings of fact are sufficient for a person of ordinary prudence and caution to entertain a reasonable belief of defendant's guilt despite justified use-of-force immunity claim; although the district court is not required to make particularized findings on a motion for immunity, the record should reflect the court's recognition and application of the appropriate legal standard in arriving at probable cause determination.

State v. Phillips, 312 Kan. 643, 479 P.3d 176 (2021)

Statutory grant of immunity is confined to use of force against a person or thing reasonably believed to be an aggressor and does not extend to reckless acts while engaged in self-defense that result in unintended injury to innocent bystanders.

State v. Betts, 316 Kan. 191, 514 P.3d 341 (2022)

Kansas law:

A person who is not engaged in an unlawful activity and who is attacked in a place where such person has a right to be has no duty to retreat and has the right to stand such person's ground and use any force which such person would be justified in using under article 32 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or K.S.A. 21-5202 through 21-5208, 21-5210 through 21-5212, and 21-5220 through 21-5231, and amendments thereto.

Kans. Stat. Ann. § 21-5230

Kansas law:

The justification described in K.S.A. 21-3211, 21-3212 and 21-3213, prior to their repeal, or K.S.A. 21-5222, 21-5223 and 21-5225, and amendments thereto, is not available to a person who:

(a) Is attempting to commit, committing or escaping from the commission of a forcible felony;

(b) initially provokes the use of any force against such person or another, with intent to use such force as an excuse to inflict bodily harm upon the assailant; or

(c) otherwise initially provokes the use of any force against such person or another, unless:

1. Such person has reasonable grounds to believe that such person is in imminent danger of death or great bodily harm, and has exhausted every reasonable means to escape such danger other than the use of deadly force; or
2. in good faith, such person withdraws from physical contact with the assailant and indicates clearly to the assailant that such person desires to withdraw and terminate the use of such force, but the assailant continues or resumes the use of such force.

Kans. Stat. Ann. § 21-5226

A defendant may not assert self-defense if that defendant is already otherwise committing a forcible felony when defendant commits a separate act of violence.

State v. Barlett, 308 Kan. 78, 84, 418 P.3d 1253 (2018) [abrogating State v. Bell, 276 Kan. 785, 80 P.3d 367 (2003) and State v. Kirkpatrick, 286 Kan. 329, 184 P.3d 247 (2008)]

Self-defense instruction is not legally appropriate when the defendant is charged with a crime that does not include an element that can be legally justified by the use of force in defense of oneself or another, such as the sale of cocaine or marijuana.

State v. Milo, 315 Kan. 434, 445, 510 P.3d 1 (2022)

Kansas law allows for the use of deadly force against animals in several different situations. First, a person may use deadly force to kill a dog found injuring or attempting to injure any livestock. Second, under the Kansas Cruelty to Animals statute, an individual may not knowingly and/or maliciously kill or injure any animal. However, this statute does not apply to the killing of an animal found outside the owned or rented property of the animal's owner or custodian when such animal is found injuring or posing a threat to a person, farm animal, or property. Finally, an owner or legal occupant of land will not be charged with the Unlawful Taking of Wildlife for killing an animal if such animal was found in or near buildings on the owner or legal occupant's premises or such animal was destroying the owner or legal occupant's property, and such owner or legal occupant made reasonable efforts to alleviate their problem with any such animals before killing them. (See statute for full list of exceptions.)

Kan. Stat. Ann. $$ 47-646, 47-1001(b), 21-6412(c)(7), 32-1002(c)(2)