Special Session of 2024
SENATE BILL No. 7
By Senator Pyle
6-18
AN ACT concerning the personal and family protection act; authorizing
federally licensed firearm dealers to receive applications for concealed
carry licenses and forward such applications to the attorney general;
prohibiting sheriffs from assessing any fee related to application
services; allowing dealers to assess a fee not to exceed $20 related to
application services; amending K.S.A. 2023 Supp. 75-7c05, as
amended by section 91 of 2024 Senate Bill No. 491, and repealing the
existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2023 Supp. 75-7c05, as amended by section 91 of
2024 Senate Bill No. 491, 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. 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
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submit to any dealer licensed under 18 U.S.C. § 923 that offers
application services under this section or 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)(3) a full frontal view photograph of the applicant taken within the
preceding 30 days.
(c) (1) (A) Except as otherwise provided in subsection (i), the dealer
or 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 dealer or 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.
(B) (i) The sheriff shall not assess a fee for any application services
provided under this section, including, but not limited to, the cost of taking
fingerprints.
(ii) The dealer may assess a fee for any application services provided
under this section, including, but not limited to, the cost of taking
fingerprints. The sum total of any such fee or fees, if assessed, shall not
exceed $20.
(C) No dealer shall be required to offer application services pursuant
to this section.
(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
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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 in accordance with section 2 of 2024 Senate Bill No.
491, and amendments thereto.
(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
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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 any dealer licensed under 18 U.S.C. § 923
that offers application services under this section or the sheriff of the
county where the applicant resides. Provided If 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 dealer or sheriff shall forward
to the attorney general the application.
Sec. 2. This act shall take effect and be in force from and after its
publication in the Kansas register.
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