KS
Kansas House Bill HB2412

Kansas 2023-2024 Regular Session

Kansas House Bill HB2412 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 Session of 2023
22 HOUSE BILL No. 2412
33 By Committee on Federal and State Affairs
44 2-14
55 AN ACT concerning the personal and family protection act; removing
66 state agency fees for licenses to carry concealed handguns; amending
77 K.S.A. 2022 Supp. 75-7c05 and 75-7c08 and repealing the existing
88 sections.
99 Be it enacted by the Legislature of the State of Kansas:
1010 Section 1. K.S.A. 2022 Supp. 75-7c05 is hereby amended to read as
1111 follows: 75-7c05. (a) The application for a license pursuant to this act shall
1212 be completed, under oath, on a form prescribed by the attorney general and
1313 shall only include:
1414 (1) (A) Subject to the provisions of subsection (a)(1)(B), the name,
1515 address, social security number, Kansas driver's license number or Kansas
1616 nondriver's license identification number, place and date of birth, a
1717 photocopy of the applicant's driver's license or nondriver's identification
1818 card and a photocopy of the applicant's certificate of training course
1919 completion; (B) in the case of an applicant who presents proof that such
2020 person is on active duty with any branch of the armed forces of the United
2121 States, or is the dependent of such a person, and who does not possess a
2222 Kansas driver's license or Kansas nondriver's license identification, the
2323 number of such license or identification shall not be required;
2424 (2) a statement that the applicant is in compliance with criteria
2525 contained within K.S.A. 75-7c04, and amendments thereto;
2626 (3) a statement that the applicant has been furnished a copy of this act
2727 and is knowledgeable of its provisions;
2828 (4) a conspicuous warning that the application is executed under oath
2929 and that a false answer to any question, or the submission of any false
3030 document by the applicant, subjects the applicant to criminal prosecution
3131 under K.S.A. 2022 Supp. 21-5903, and amendments thereto; and
3232 (5) a statement that the applicant desires a concealed handgun license
3333 as a means of lawful self-defense.
3434 (b) Except as otherwise provided in subsection (i), the applicant shall
3535 submit to the sheriff of the county where the applicant resides, during any
3636 normal business hours:
3737 (1) A completed application described in subsection (a);
3838 (2) a nonrefundable license fee of $132.50, if the applicant has not
3939 previously been issued a statewide license or if the applicant's license has
4040 1
4141 2
4242 3
4343 4
4444 5
4545 6
4646 7
4747 8
4848 9
4949 10
5050 11
5151 12
5252 13
5353 14
5454 15
5555 16
5656 17
5757 18
5858 19
5959 20
6060 21
6161 22
6262 23
6363 24
6464 25
6565 26
6666 27
6767 28
6868 29
6969 30
7070 31
7171 32
7272 33
7373 34
7474 35
7575 36 HB 2412 2
7676 permanently expired, which fee shall be in the form of two cashier's
7777 checks, personal checks or money orders ofan amount of $32.50 payable
7878 to the sheriff of the county where the applicant resides and $100 payable to
7979 the attorney general for the purpose of covering the cost of taking
8080 fingerprints pursuant to subsection (c);
8181 (3) if applicable, a photocopy of the proof of training required by
8282 K.S.A. 75-7c04(b)(1), and amendments thereto; and
8383 (4) a full frontal view photograph of the applicant taken within the
8484 preceding 30 days.
8585 (c) (1) Except as otherwise provided in subsection (i), the sheriff,
8686 upon receipt of the items listed in subsection (b), shall provide for the full
8787 set of fingerprints of the applicant to be taken and forwarded to the
8888 attorney general for purposes of a criminal history records check as
8989 provided by subsection (d). In addition, the sheriff shall forward the
9090 application to the attorney general the application and the portion of the
9191 original license fee which is payable to the attorney general. The cost of
9292 taking such fingerprints shall be included in the portion of the fee retained
9393 by the sheriff. Notwithstanding anything any provision in this section to
9494 the contrary, an applicant shall not be required to submit fingerprints for a
9595 renewal application under K.S.A. 75-7c08, and amendments thereto.
9696 (2) The sheriff of the applicant's county of residence or the chief law
9797 enforcement officer of any law enforcement agency, at the sheriff's or chief
9898 law enforcement officer's discretion, may participate in the process by
9999 submitting a voluntary report to the attorney general containing readily
100100 discoverable information, corroborated through public records, which,
101101 when combined with another enumerated factor, establishes that the
102102 applicant poses a significantly greater threat to law enforcement or the
103103 public at large than the average citizen. Any such voluntary reporting shall
104104 be made within 45 days after the date the sheriff receives the application.
105105 Any sheriff or chief law enforcement officer submitting a voluntary report
106106 shall not incur any civil or criminal liability as the result of the good faith
107107 submission of such report.
108108 (3) All funds retained by the sheriff pursuant to the provisions of this
109109 section shall be credited to a special fund of the sheriff's office which shall
110110 be used solely for the purpose of administering this act.
111111 (d) Each applicant shall be subject to a state and national criminal
112112 history records check which conforms to applicable federal standards,
113113 including an inquiry of the national instant criminal background check
114114 system for the purpose of verifying the identity of the applicant and
115115 whether the applicant has been convicted of any crime or has been the
116116 subject of any restraining order or any mental health related finding that
117117 would disqualify the applicant from holding a license under this act. The
118118 attorney general is authorized to use the information obtained from the
119119 1
120120 2
121121 3
122122 4
123123 5
124124 6
125125 7
126126 8
127127 9
128128 10
129129 11
130130 12
131131 13
132132 14
133133 15
134134 16
135135 17
136136 18
137137 19
138138 20
139139 21
140140 22
141141 23
142142 24
143143 25
144144 26
145145 27
146146 28
147147 29
148148 30
149149 31
150150 32
151151 33
152152 34
153153 35
154154 36
155155 37
156156 38
157157 39
158158 40
159159 41
160160 42
161161 43 HB 2412 3
162162 state or national criminal history record check to determine the applicant's
163163 eligibility for such license.
164164 (e) Within 90 days after the date of receipt of the items listed in
165165 subsection (b), the attorney general shall:
166166 (1) (A) Issue the license and certify the issuance to the department of
167167 revenue; and
168168 (B) if it is impractical for the division of vehicles of the department of
169169 revenue to issue physical cards consistent with the requirements of this act
170170 and the attorney general has determined that the conditions for such
171171 impracticality have existed for at least 30 days, the attorney general shall
172172 issue an authorization document in accordance with K.S.A. 75-7c03(d),
173173 and amendments thereto; or
174174 (2) deny the application based solely on: (A) The report submitted by
175175 the sheriff or other chief law enforcement officer under subsection (c)(2)
176176 for good cause shown therein; or (B) the ground that the applicant is
177177 disqualified under the criteria listed in K.S.A. 75-7c04, and amendments
178178 thereto. If the attorney general denies the application, the attorney general
179179 shall notify the applicant in writing, stating the ground for denial and
180180 informing the applicant the opportunity for a hearing pursuant to the
181181 Kansas administrative procedure act.
182182 (f) EachNo person who is issued a license or has such licensed
183183 renewed shall be required to pay to the department of revenue a fee for the
184184 cost of the license which shall be in amounts equal to the fee required
185185 pursuant to K.S.A. 8-243 and 8-246, and amendments thereto, for
186186 replacement of a driver's license or renewal except as otherwise provided
187187 in subsection (b) for the purpose of covering the cost of taking
188188 fingerprints.
189189 (g) (1) A person who is a retired law enforcement officer, as defined
190190 in K.S.A. 2022 Supp. 21-5111, and amendments thereto, shall be: (A)
191191 Required to pay an original license fee as provided in subsection (b)(2), to
192192 be forwarded by the sheriff to the attorney general; (B) Exempt from the
193193 required completion of a handgun safety and training course if such person
194194 was certified by the Kansas commission on peace officer's standards and
195195 training, or similar body from another jurisdiction, not more than eight
196196 years prior to submission of the application; (C) required to pay the license
197197 renewal fee; (D) required to pay to the department of revenue the fees
198198 required by subsection (f); and (E) (B) required to comply with the
199199 criminal history records check requirement of this section.
200200 (2) Proof of retirement as a law enforcement officer shall be required
201201 and provided to the attorney general in the form of a letter from the agency
202202 head, or their designee, of the officer's retiring agency that attests to the
203203 officer having retired in good standing from that agency as a law
204204 enforcement officer for reasons other than mental instability and that the
205205 1
206206 2
207207 3
208208 4
209209 5
210210 6
211211 7
212212 8
213213 9
214214 10
215215 11
216216 12
217217 13
218218 14
219219 15
220220 16
221221 17
222222 18
223223 19
224224 20
225225 21
226226 22
227227 23
228228 24
229229 25
230230 26
231231 27
232232 28
233233 29
234234 30
235235 31
236236 32
237237 33
238238 34
239239 35
240240 36
241241 37
242242 38
243243 39
244244 40
245245 41
246246 42
247247 43 HB 2412 4
248248 officer has a nonforfeitable right to benefits under a retirement plan of the
249249 agency.
250250 (h) A person who is a corrections officer, a parole officer or a
251251 corrections officer employed by the federal bureau of prisons, as defined
252252 by K.S.A. 75-5202, and amendments thereto, shall be: (1) Required to pay
253253 an original license fee as provided in subsection (b)(2); (2) Exempt from
254254 the required completion of a handgun safety and training course if such
255255 person was issued a certificate of firearms training by the department of
256256 corrections or the federal bureau of prisons or similar body not more than
257257 one year prior to submission of the application; (3) required to pay the
258258 license renewal fee; (4) required to pay to the department of revenue the
259259 fees required by subsection (f); and (5) (2) required to comply with the
260260 criminal history records check requirement of this section.
261261 (i) A person who presents proof that such person is on active duty
262262 with any branch of the armed forces of the United States and is stationed at
263263 a United States military installation located outside this state, may submit
264264 by mail an application described in subsection (a) and the other materials
265265 required by subsection (b) to the sheriff of the county where the applicant
266266 resides. Provided the applicant is fingerprinted at a United States military
267267 installation, the applicant may submit a full set of fingerprints of such
268268 applicant along with the application. Upon receipt of such items, the
269269 sheriff shall forward to the attorney general the application and the portion
270270 of the original license fee which is payable to the attorney general.
271271 Sec. 2. K.S.A. 2022 Supp. 75-7c08 is hereby amended to read as
272272 follows: 75-7c08. (a) Not less than 90 days prior to the expiration date of
273273 the license, the attorney general shall mail to the licensee a written notice
274274 of the expiration and a renewal form prescribed by the attorney general.
275275 The licensee shall renew the license on or before the expiration date by
276276 filing with the attorney general the renewal form, a notarized affidavit,
277277 either in person or by certified mail, stating that the licensee remains
278278 qualified pursuant to the criteria specified in K.S.A. 75-7c04, and
279279 amendments thereto, and a full frontal view photograph of the applicant
280280 taken within the preceding 30 days and a nonrefundable license renewal
281281 fee of $25 payable to the attorney general. The attorney general shall
282282 complete a name-based background check, including a search of the
283283 national instant criminal background check system database. A licensee
284284 who fails to file a renewal application on or before the expiration date of
285285 the license must pay an additional late fee of $15. A renewal application is
286286 considered filed on the date the renewal form, and affidavit, and required
287287 fees are delivered in person to the attorney general's office or on the date a
288288 certified mailing to the attorney general's office containing these items is
289289 postmarked.
290290 (b) Upon receipt of a renewal application as specified in subsection
291291 1
292292 2
293293 3
294294 4
295295 5
296296 6
297297 7
298298 8
299299 9
300300 10
301301 11
302302 12
303303 13
304304 14
305305 15
306306 16
307307 17
308308 18
309309 19
310310 20
311311 21
312312 22
313313 23
314314 24
315315 25
316316 26
317317 27
318318 28
319319 29
320320 30
321321 31
322322 32
323323 33
324324 34
325325 35
326326 36
327327 37
328328 38
329329 39
330330 40
331331 41
332332 42
333333 43 HB 2412 5
334334 (a), a background check in accordance with K.S.A. 75-7c05(d), and
335335 amendments thereto, shall be completed. Fingerprints shall not be required
336336 for renewal applications. If the licensee is not disqualified as provided by
337337 this act, the license shall be renewed upon receipt by the attorney general
338338 of the items listed in subsection (a) and the completion of the background
339339 check. If the licensee holds a valid provisional license at the time the
340340 renewal application is submitted, then the attorney general shall issue a
341341 standard license to the licensee if the licensee is not disqualified as
342342 provided by this act.
343343 (c) No license shall be renewed if the renewal application is filed six
344344 months or more after the expiration date of the license, and such license
345345 shall be deemed to be permanently expired. A person whose license has
346346 been permanently expired may reapply for licensure but an application for
347347 licensure and fees pursuant to K.S.A. 75-7c05, and amendments thereto,
348348 shall be submitted, and a background investigation including the
349349 submission of fingerprints, shall be conducted pursuant to the provisions
350350 of that section.
351351 Sec. 3. K.S.A. 2022 Supp. 75-7c05 and 75-7c08 are hereby repealed.
352352 Sec. 4. This act shall take effect and be in force from and after its
353353 publication in the statute book.
354354 1
355355 2
356356 3
357357 4
358358 5
359359 6
360360 7
361361 8
362362 9
363363 10
364364 11
365365 12
366366 13
367367 14
368368 15
369369 16
370370 17
371371 18
372372 19
373373 20