Session of 2023
SENATE BILL No. 250
By Committee on Federal and State Affairs
2-14
AN ACT concerning the personal and family protection act; removing
state agency fees for licenses to carry concealed handguns; amending
K.S.A. 2022 Supp. 75-7c05 and 75-7c08 and repealing the existing
sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2022 Supp. 75-7c05 is hereby amended to read as
follows: 75-7c05. (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. 2022 Supp. 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) a nonrefundable license fee of $132.50, if the applicant has not
previously been issued a statewide license or if the applicant's license has
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permanently expired, which fee shall be in the form of two cashier's
checks, personal checks or money orders ofan amount of $32.50 payable
to the sheriff of the county where the applicant resides and $100 payable to
the attorney general 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 the application and the portion of the
original license fee which is payable to the attorney general. The cost of
taking such fingerprints shall be included in the portion of the fee retained
by the sheriff. Notwithstanding anything 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
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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) EachNo person who is issued a license or has such licensed
renewed shall be required to pay to the department of revenue a fee for the
cost of the license which shall be in amounts equal to the fee required
pursuant to K.S.A. 8-243 and 8-246, and amendments thereto, for
replacement of a driver's 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. 2022 Supp. 21-5111, and amendments thereto, shall be: (A)
Required to pay an original license fee as provided in subsection (b)(2), to
be forwarded by the sheriff to the attorney general; (B) 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; (C) required to pay the license
renewal fee; (D) required to pay to the department of revenue the fees
required by subsection (f); and (E) (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
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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) Required to pay
an original license fee as provided in subsection (b)(2); (2) 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; (3) required to pay the
license renewal fee; (4) required to pay to the department of revenue the
fees required by subsection (f); and (5) (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 and the portion
of the original license fee which is payable to the attorney general.
Sec. 2. K.S.A. 2022 Supp. 75-7c08 is hereby amended to read as
follows: 75-7c08. (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 and a nonrefundable license renewal
fee of $25 payable 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 licensee
who fails to file a renewal application on or before the expiration date of
the license must pay an additional late fee of $15. A renewal application is
considered filed on the date the renewal form, and affidavit, and required
fees 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
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(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 and fees 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.
Sec. 3. K.S.A. 2022 Supp. 75-7c05 and 75-7c08 are hereby repealed.
Sec. 4. This act shall take effect and be in force from and after its
publication in the statute book.
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