KS
Kansas Senate Bill SB7

Kansas 2024 1st Special Session

Kansas Senate Bill SB7 Compare Versions

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11 Special Session of 2024
22 SENATE BILL No. 7
33 By Senator Pyle
44 6-18
55 AN ACT concerning the personal and family protection act; authorizing
66 federally licensed firearm dealers to receive applications for concealed
77 carry licenses and forward such applications to the attorney general;
88 prohibiting sheriffs from assessing any fee related to application
99 services; allowing dealers to assess a fee not to exceed $20 related to
1010 application services; amending K.S.A. 2023 Supp. 75-7c05, as
1111 amended by section 91 of 2024 Senate Bill No. 491, and repealing the
1212 existing section.
1313 Be it enacted by the Legislature of the State of Kansas:
1414 Section 1. K.S.A. 2023 Supp. 75-7c05, as amended by section 91 of
1515 2024 Senate Bill No. 491, is hereby amended to read as follows: 75-7c05.
1616 (a) The application for a license pursuant to this act shall be completed,
1717 under oath, on a form prescribed by the attorney general and shall only
1818 include:
1919 (1) (A) Subject to the provisions of subsection (a)(1)(B), the name,
2020 address, social security number, Kansas driver's license number or Kansas
2121 nondriver's license identification number, place and date of birth, a
2222 photocopy of the applicant's driver's license or nondriver's identification
2323 card and a photocopy of the applicant's certificate of training course
2424 completion; (B) in the case of an applicant who presents proof that such
2525 person is on active duty with any branch of the armed forces of the United
2626 States, or is the dependent of such a person, and who does not possess a
2727 Kansas driver's license or Kansas nondriver's license identification, the
2828 number of such license or identification shall not be required;
2929 (2) a statement that the applicant is in compliance with criteria
3030 contained within K.S.A. 75-7c04, and amendments thereto;
3131 (3) a statement that the applicant has been furnished a copy of this act
3232 and is knowledgeable of its provisions;
3333 (4) a conspicuous warning that the application is executed under oath
3434 and that a false answer to any question, or the submission of any false
3535 document by the applicant, subjects the applicant to criminal prosecution
3636 under K.S.A. 21-5903, and amendments thereto; and
3737 (5) a statement that the applicant desires a concealed handgun license
3838 as a means of lawful self-defense.
3939 (b) Except as otherwise provided in subsection (i), the applicant shall
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7676 submit to any dealer licensed under 18 U.S.C. § 923 that offers
7777 application services under this section or the sheriff of the county where
7878 the applicant resides, during any normal business hours:
7979 (1) A completed application described in subsection (a);
8080 (2) an amount of $32.50 payable to the sheriff of the county where
8181 the applicant resides for the purpose of covering the cost of taking
8282 fingerprints pursuant to subsection (c);
8383 (3) if applicable, a photocopy of the proof of training required by
8484 K.S.A. 75-7c04(b)(1), and amendments thereto; and
8585 (4)(3) a full frontal view photograph of the applicant taken within the
8686 preceding 30 days.
8787 (c) (1) (A) Except as otherwise provided in subsection (i), the dealer
8888 or sheriff, upon receipt of the items listed in subsection (b), shall provide
8989 for the full set of fingerprints of the applicant to be taken and forwarded to
9090 the attorney general for purposes of a criminal history records check as
9191 provided by subsection (d). In addition, the dealer or sheriff shall forward
9292 the application to the attorney general. Notwithstanding any provision in
9393 this section to the contrary, an applicant shall not be required to submit
9494 fingerprints for a renewal application under K.S.A. 75-7c08, and
9595 amendments thereto.
9696 (B) (i) The sheriff shall not assess a fee for any application services
9797 provided under this section, including, but not limited to, the cost of taking
9898 fingerprints.
9999 (ii) The dealer may assess a fee for any application services provided
100100 under this section, including, but not limited to, the cost of taking
101101 fingerprints. The sum total of any such fee or fees, if assessed, shall not
102102 exceed $20.
103103 (C) No dealer shall be required to offer application services pursuant
104104 to this section.
105105 (2) The sheriff of the applicant's county of residence or the chief law
106106 enforcement officer of any law enforcement agency, at the sheriff's or chief
107107 law enforcement officer's discretion, may participate in the process by
108108 submitting a voluntary report to the attorney general containing readily
109109 discoverable information, corroborated through public records, which,
110110 when combined with another enumerated factor, establishes that the
111111 applicant poses a significantly greater threat to law enforcement or the
112112 public at large than the average citizen. Any such voluntary reporting shall
113113 be made within 45 days after the date the sheriff receives the application.
114114 Any sheriff or chief law enforcement officer submitting a voluntary report
115115 shall not incur any civil or criminal liability as the result of the good faith
116116 submission of such report.
117117 (3) All funds retained by the sheriff pursuant to the provisions of this
118118 section shall be credited to a special fund of the sheriff's office which shall
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162162 be used solely for the purpose of administering this act.
163163 (d) Each applicant shall be subject to a state and national criminal
164164 history records check in accordance with section 2 of 2024 Senate Bill No.
165165 491, and amendments thereto.
166166 (e) Within 90 days after the date of receipt of the items listed in
167167 subsection (b), the attorney general shall:
168168 (1) (A) Issue the license and certify the issuance to the department of
169169 revenue; and
170170 (B) if it is impractical for the division of vehicles of the department of
171171 revenue to issue physical cards consistent with the requirements of this act
172172 and the attorney general has determined that the conditions for such
173173 impracticality have existed for at least 30 days, the attorney general shall
174174 issue an authorization document in accordance with K.S.A. 75-7c03(d),
175175 and amendments thereto; or
176176 (2) deny the application based solely on: (A) The report submitted by
177177 the sheriff or other chief law enforcement officer under subsection (c)(2)
178178 for good cause shown therein; or (B) the ground that the applicant is
179179 disqualified under the criteria listed in K.S.A. 75-7c04, and amendments
180180 thereto. If the attorney general denies the application, the attorney general
181181 shall notify the applicant in writing, stating the ground for denial and
182182 informing the applicant the opportunity for a hearing pursuant to the
183183 Kansas administrative procedure act.
184184 (f) No person who is issued a license or has such license renewed
185185 shall be required to pay a fee for the cost of the license or renewal except
186186 as otherwise provided in subsection (b) for the purpose of covering the
187187 cost of taking fingerprints.
188188 (g) (1) A person who is a retired law enforcement officer, as defined
189189 in K.S.A. 21-5111, and amendments thereto, shall be: (A) Exempt from the
190190 required completion of a handgun safety and training course if such person
191191 was certified by the Kansas commission on peace officer's standards and
192192 training, or similar body from another jurisdiction, not more than eight
193193 years prior to submission of the application; and (B) required to comply
194194 with the criminal history records check requirement of this section.
195195 (2) Proof of retirement as a law enforcement officer shall be required
196196 and provided to the attorney general in the form of a letter from the agency
197197 head, or their designee, of the officer's retiring agency that attests to the
198198 officer having retired in good standing from that agency as a law
199199 enforcement officer for reasons other than mental instability and that the
200200 officer has a nonforfeitable right to benefits under a retirement plan of the
201201 agency.
202202 (h) A person who is a corrections officer, a parole officer or a
203203 corrections officer employed by the federal bureau of prisons, as defined
204204 by K.S.A. 75-5202, and amendments thereto, shall be: (1) Exempt from
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248248 the required completion of a handgun safety and training course if such
249249 person was issued a certificate of firearms training by the department of
250250 corrections or the federal bureau of prisons or similar body not more than
251251 one year prior to submission of the application; and (2) required to comply
252252 with the criminal history records check requirement of this section.
253253 (i) A person who presents proof that such person is on active duty
254254 with any branch of the armed forces of the United States and is stationed at
255255 a United States military installation located outside this state, may submit
256256 by mail an application described in subsection (a) and the other materials
257257 required by subsection (b) to any dealer licensed under 18 U.S.C. § 923
258258 that offers application services under this section or the sheriff of the
259259 county where the applicant resides. Provided If the applicant is
260260 fingerprinted at a United States military installation, the applicant may
261261 submit a full set of fingerprints of such applicant along with the
262262 application. Upon receipt of such items, the dealer or sheriff shall forward
263263 to the attorney general the application.
264264 Sec. 2. This act shall take effect and be in force from and after its
265265 publication in the Kansas register.
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