Kansas 2025-2026 Regular Session

Kansas Senate Bill SB43 Compare Versions

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11 Session of 2025
22 SENATE BILL No. 43
33 By Committee on Federal and State Affairs
44 1-21
55 AN ACT concerning firearms; relating to the possession thereof; updating
66 cross references in the personal and family protection act regarding the
77 eligibility requirements to obtain a license to carry a concealed
88 handgun; requiring a license be surrendered to the attorney general
99 upon suspension or revocation of such license; providing for a
1010 transition from a provisional license to a standard license; prohibiting
1111 the collection of personal information of an off-duty law enforcement
1212 officer entering buildings while armed or requiring such officer to wear
1313 any item identifying such person as a law enforcement officer or being
1414 armed; amending K.S.A. 75-7c07 and 75-7c22 and K.S.A. 2024 Supp.
1515 75-7c04, 75-7c05 and 75-7c08 and repealing the existing sections.
1616 Be it enacted by the Legislature of the State of Kansas:
1717 Section 1. K.S.A. 2024 Supp. 75-7c04 is hereby amended to read as
1818 follows: 75-7c04. (a) The attorney general shall not issue a license
1919 pursuant to this act if the applicant:
2020 (1) Is not a resident of the county where application for licensure is
2121 made or is not a resident of the state;
2222 (2) is prohibited from shipping, transporting, possessing or receiving
2323 a firearm or ammunition under 18 U.S.C. § 922(g) or (n), and amendments
2424 thereto, or K.S.A. 21-4204, prior to its repeal, or K.S.A. 21-6301(a)(10)
2525 through, (a)(13) or (a)(15) through (a)(18) or K.S.A. 21-6304(a)(1)
2626 through (a)(3) (a)(4), and amendments thereto; or
2727 (3) (A) For a provisional license, is less than 18 years of age; or
2828 (B) for a standard license, is less than 21 years of age.
2929 (b) (1) The attorney general shall adopt rules and regulations
3030 establishing procedures and standards as authorized by this act for an
3131 eight-hour handgun safety and training course required by this section.
3232 Such standards shall include:
3333 (A) A requirement that trainees receive training in the safe storage of
3434 handguns, actual firing of handguns and instruction in the laws of this state
3535 governing the carrying of concealed handguns and the use of deadly force;
3636 (B) general guidelines for courses which are compatible with the
3737 industry standard for basic handgun training for civilians;
3838 (C) qualifications of instructors; and
3939 (D) a requirement that the course be:
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7676 (i) A handgun course certified or sponsored by the attorney general;
7777 or
7878 (ii) a handgun course certified or sponsored by the national rifle
7979 association or by a law enforcement agency, college, private or public
8080 institution or organization or handgun training school, if the attorney
8181 general determines that such course meets or exceeds the standards
8282 required by rules and regulations adopted by the attorney general and is
8383 taught by instructors certified by the attorney general or by the national
8484 rifle association, if the attorney general determines that the requirements
8585 for certification of instructors by such association meet or exceed the
8686 standards required by rules and regulations adopted by the attorney
8787 general.
8888 (2) Any person wanting to be certified by the attorney general as an
8989 instructor shall submit to the attorney general an application in the form
9090 required by the attorney general and a fee not to exceed $150.
9191 (2)(3) The cost of the handgun safety and training course required by
9292 this section shall be paid by the applicant. The following shall constitute
9393 satisfactory evidence of satisfactory completion of an approved handgun
9494 safety and training course:
9595 (A) Evidence of completion of a course that satisfies the requirements
9696 of subsection (b)(1), in the form provided by rules and regulations adopted
9797 by the attorney general;
9898 (B) an affidavit from the instructor, school, club, organization or
9999 group that conducted or taught such course attesting to the completion of
100100 the course by the applicant;
101101 (C) evidence of completion of a course offered in another jurisdiction
102102 which is determined by the attorney general to have training requirements
103103 that are equal to or greater than those required by this act; or
104104 (D) a determination by the attorney general pursuant to subsection
105105 (c).
106106 (c) (1) The attorney general may:
107107 (A) Create a list of concealed carry handgun licenses or permits
108108 issued by other jurisdictions that the attorney general finds have training
109109 requirements that are equal to or greater than those of this state; and
110110 (B) review each application received pursuant to K.S.A. 75-7c05, and
111111 amendments thereto, to determine if the applicant's previous training
112112 qualifications were equal to or greater than those of this state.
113113 (2) For the purposes of this subsection:
114114 (A) "Equal to or greater than" means the applicant's prior training
115115 meets or exceeds the training established in this section by having
116116 required, at a minimum, the applicant to:
117117 (i) Receive instruction on the laws of self-defense; and
118118 (ii) demonstrate training and competency in the safe handling, storage
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162162 and actual firing of handguns.
163163 (B) "Jurisdiction" means another state or the District of Columbia.
164164 (C) "License or permit" means a concealed carry handgun license or
165165 permit from another jurisdiction that has not expired and, except for any
166166 residency requirement of the issuing jurisdiction, is currently in good
167167 standing.
168168 Sec. 2. K.S.A. 2024 Supp. 75-7c05 is hereby amended to read as
169169 follows: 75-7c05. (a) The application for a license pursuant to this act shall
170170 be completed, under oath, on a form prescribed by the attorney general and
171171 shall only include:
172172 (1) (A) Subject to the provisions of subsection (a)(1)(B), the name,
173173 address, social security number, Kansas driver's license number or Kansas
174174 nondriver's license identification number, place and date of birth, a
175175 photocopy of the applicant's driver's license or nondriver's identification
176176 card and a photocopy of the applicant's certificate of training course
177177 completion; or
178178 (B) in the case of an applicant who presents proof that such person is
179179 on active duty with any branch of the armed forces of the United States, or
180180 is the dependent of such a person, and who does not possess a Kansas
181181 driver's license or Kansas nondriver's license identification, the number of
182182 such license or identification shall not be required;
183183 (2) a statement that the applicant is in compliance with criteria
184184 contained within K.S.A. 75-7c04, and amendments thereto;
185185 (3) a statement that the applicant has been furnished a copy of this act
186186 and is knowledgeable of its provisions;
187187 (4) a conspicuous warning that the application is executed under oath
188188 and that a false answer to any question, or the submission of any false
189189 document by the applicant, subjects the applicant to criminal prosecution
190190 under K.S.A. 21-5903, and amendments thereto; and
191191 (5) a statement that the applicant desires a concealed handgun license
192192 as a means of lawful self-defense.
193193 (b) Except as otherwise provided in subsection (i) (j), the applicant
194194 shall submit to the sheriff of the county where the applicant resides, during
195195 any normal business hours:
196196 (1) A completed application described in subsection (a);
197197 (2) an amount of $32.50 payable to the sheriff of the county where
198198 the applicant resides for the purpose of covering the cost of taking
199199 fingerprints pursuant to subsection (c);
200200 (3) if applicable, a photocopy of the proof of training required by
201201 K.S.A. 75-7c04(b)(1), and amendments thereto; and
202202 (4) a full frontal view photograph of the applicant taken within the
203203 preceding 30 days.
204204 (c) (1) Except as otherwise provided in subsection (i) (j), the sheriff,
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248248 upon receipt of the items listed in subsection (b), shall provide for the full
249249 set of fingerprints of the applicant to be taken and forwarded to the
250250 attorney general for purposes of a criminal history records check as
251251 provided by subsection (d). In addition, the sheriff shall forward the
252252 application to the attorney general. Notwithstanding any provision in this
253253 section to the contrary, an applicant shall not be required to submit
254254 fingerprints for a renewal application under K.S.A. 75-7c08, and
255255 amendments thereto.
256256 (2) The sheriff of the applicant's county of residence or the chief law
257257 enforcement officer of any law enforcement agency, at the sheriff's or chief
258258 law enforcement officer's discretion, may participate in the process by
259259 submitting a voluntary report to the attorney general containing readily
260260 discoverable information, corroborated through public records, which,
261261 when combined with another enumerated factor, establishes that the
262262 applicant poses a significantly greater threat to law enforcement or the
263263 public at large than the average citizen. Any such voluntary reporting shall
264264 be made within 45 days after the date the sheriff receives the application.
265265 Any sheriff or chief law enforcement officer submitting a voluntary report
266266 shall not incur any civil or criminal liability as the result of the good faith
267267 submission of such report.
268268 (3) All funds retained by the sheriff pursuant to the provisions of this
269269 section shall be credited to a special fund of the sheriff's office which shall
270270 be used solely for the purpose of administering this act.
271271 (d) Each applicant shall be subject to a state and national criminal
272272 history records check in accordance with K.S.A. 2024 Supp. 22-4714, and
273273 amendments thereto.
274274 (e) Within 90 days after the date of receipt of the items listed in
275275 subsection (b), the attorney general shall:
276276 (1) (A) Issue the license and certify the issuance to the department of
277277 revenue; and
278278 (B) if it is impractical for the division of vehicles of the department of
279279 revenue to issue physical cards consistent with the requirements of this act
280280 and the attorney general has determined that the conditions for such
281281 impracticality have existed for at least 30 days, the attorney general shall
282282 issue an authorization document in accordance with K.S.A. 75-7c03(d),
283283 and amendments thereto; or
284284 (2) deny the application based solely on: (A) The report submitted by
285285 the sheriff or other chief law enforcement officer under subsection (c)(2)
286286 for good cause shown therein; or (B) the ground that the applicant is
287287 disqualified under the criteria listed in K.S.A. 75-7c04, and amendments
288288 thereto. If the attorney general denies the application, the attorney general
289289 shall notify the applicant in writing, stating the ground for denial and
290290 informing the applicant the opportunity for a hearing pursuant to the
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334334 Kansas administrative procedure act.
335335 (f) Any person who holds a provisional license issued pursuant to this
336336 act may, on reaching the age of 21 years, submit a request to the attorney
337337 general to have a standard license issued to such person. Upon
338338 confirmation that such person is at least 21 years of age, the attorney
339339 general shall issue a standard license to such person in accordance with
340340 this act. The term of such standard license shall be for the remaining
341341 unexpired portion of the term of such person's provisional license.
342342 (g) No person who is issued a license or has such license renewed
343343 shall be required to pay a fee for the cost of the license or renewal except
344344 as otherwise provided in subsection (b) for the purpose of covering the
345345 cost of taking fingerprints.
346346 (g)(h) (1) A person who is a retired law enforcement officer, as
347347 defined in K.S.A. 21-5111, and amendments thereto, shall be:
348348 (A) Exempt from the required completion of a handgun safety and
349349 training course if such person was certified by the Kansas commission on
350350 peace officer's standards and training, or similar body from another
351351 jurisdiction, not more than eight years prior to submission of the
352352 application; and
353353 (B) required to comply with the criminal history records check
354354 requirement of this section.
355355 (2) Proof of retirement as a law enforcement officer shall be required
356356 and provided to the attorney general in the form of a letter from the agency
357357 head, or their designee, of the officer's retiring agency that attests to the
358358 officer having retired in good standing from that agency as a law
359359 enforcement officer for reasons other than mental instability and that the
360360 officer has a nonforfeitable right to benefits under a retirement plan of the
361361 agency.
362362 (h)(i) A person who is a corrections officer, a parole officer or a
363363 corrections officer employed by the federal bureau of prisons, as defined
364364 by K.S.A. 75-5202, and amendments thereto, shall be:
365365 (1) Exempt from the required completion of a handgun safety and
366366 training course if such person was issued a certificate of firearms training
367367 by the department of corrections or the federal bureau of prisons or similar
368368 body not more than one year prior to submission of the application; and
369369 (2) required to comply with the criminal history records check
370370 requirement of this section.
371371 (i)(j) A person who presents proof that such person is on active duty
372372 with any branch of the armed forces of the United States and is stationed at
373373 a United States military installation located outside this state, may submit
374374 by mail an application described in subsection (a) and the other materials
375375 required by subsection (b) to the sheriff of the county where the applicant
376376 resides. Provided the applicant is fingerprinted at a United States military
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420420 installation, the applicant may submit a full set of fingerprints of such
421421 applicant along with the application. Upon receipt of such items, the
422422 sheriff shall forward to the attorney general the application.
423423 Sec. 3. K.S.A. 75-7c07 is hereby amended to read as follows: 75-
424424 7c07. (a) In accordance with the provisions of the Kansas administrative
425425 procedure act, the attorney general shall deny a license or the renewal
426426 thereof to any applicant for license who is ineligible for such license under
427427 K.S.A. 75-7c04, and amendments thereto, and, except as provided by
428428 subsection (b), shall revoke at any time the license of any person who
429429 would be becomes ineligible for such license under K.S.A. 75-7c04, and
430430 amendments thereto, if submitting an application for a license at such time.
431431 Review by the district court in accordance with the Kansas judicial review
432432 act shall be, at the option of the party seeking review, in Shawnee county
433433 or the county in which the petitioner resides. The revocation shall remain
434434 in effect pending any appeal and shall not be stayed by the court.
435435 (b) The license of a person who is charged for an offense or is subject
436436 to a proceeding that could render the person ineligible pursuant to
437437 subsection (a) of K.S.A. 75-7c04(a), and amendments thereto, shall be
438438 subject to suspension and shall be reinstated upon final disposition of the
439439 charge or outcome of the proceeding as long as the arrest or proceeding
440440 does not result in a disqualifying conviction, commitment, finding or
441441 order.
442442 (c) The sheriff of the county where a restraining order is issued that
443443 would prohibit issuance of a license under subsection (a)(2) of K.S.A. 75-
444444 7c04(a)(2), and amendments thereto, shall notify the attorney general
445445 immediately upon receipt of such order. If the person subject to the
446446 restraining order holds a license issued pursuant to this act, the attorney
447447 general immediately shall suspend such license upon receipt of notice of
448448 the issuance of such order. The attorney general shall adopt rules and
449449 regulations establishing procedures which allow for 24-hour notification
450450 and suspension of a license under the circumstances described in this
451451 subsection. The attorney general shall immediately reinstate the license, if
452452 it has not otherwise expired, upon proof of the cancellation of the order.
453453 (d) Upon the suspension or revocation of a license issued pursuant to
454454 this act, the licensee shall surrender the physical license card or
455455 authorization document issued pursuant to K.S.A. 75-7c03(d), and
456456 amendments thereto, to the attorney general. If suspended, such physical
457457 license card or authorization document shall be returned to the licensee at
458458 the conclusion of such suspension. The attorney general may impose a fee
459459 in an amount not to exceed $250 on any licensee who fails to surrender a
460460 license within 30 days after written notification has been sent to such
461461 licensee that such license is suspended or revoked. All fees collected by the
462462 attorney general pursuant to this subsection shall be remitted to the state
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506506 treasurer who shall deposit the entire amount in the state treasury and
507507 credit such amount to the concealed handgun licensure fund.
508508 (e) (1) If the provisions of paragraph (2) are met, a license issued
509509 pursuant to this act shall not be revoked until 90 days after the person
510510 issued such license is no longer a resident of this state, if being a
511511 nonresident of this state is the only grounds for revocation.
512512 (2) A license issued pursuant to this act shall be considered valid for
513513 90 days after a licensee is no longer a resident of Kansas, provided that:
514514 (A) Prior to the change in residency, the licensee notified the attorney
515515 general in writing of the pending change; and
516516 (B) the licensee's new state of residence, or any other state or
517517 jurisdiction that such licensee travels to during the 90-day period, would
518518 recognize such license as valid.
519519 (e)(f) A person who has been issued a license pursuant to this act and
520520 who gave up residency in this state, but has returned to reside in this state
521521 shall be eligible to have their license reinstated as valid provided that:
522522 (1) The license has not expired; and
523523 (2) (A) the licensee notified the attorney general in writing of both the
524524 residency departure and relocation back to this state; or
525525 (B) if such licensee failed to comply with the notification
526526 requirements of this subsection, the penalty provisions of subsection (e) of
527527 K.S.A. 75-7c06(e), and amendments thereto, have been satisfied.
528528 Sec. 4. K.S.A. 2024 Supp. 75-7c08 is hereby amended to read as
529529 follows: 75-7c08. (a) Not less than 90 days prior to the expiration date of
530530 the license, the attorney general shall mail to the licensee a written notice
531531 of the expiration and a renewal form prescribed by the attorney general.
532532 The licensee shall renew the license on or before the expiration date by
533533 filing with the attorney general the renewal form, a notarized affidavit,
534534 either in person or by certified mail, stating that the licensee remains
535535 qualified pursuant to the criteria specified in K.S.A. 75-7c04, and
536536 amendments thereto, and a full frontal view photograph of the applicant
537537 taken within the preceding 30 days to the attorney general. The attorney
538538 general shall complete a name-based background check, including a search
539539 of the national instant criminal background check system database. A
540540 renewal application is considered filed on the date the renewal form and
541541 affidavit are delivered in person to the attorney general's office or on the
542542 date a certified mailing to the attorney general's office containing these
543543 items is postmarked.
544544 (b) Upon receipt of a renewal application as specified in subsection
545545 (a), a background check in accordance with K.S.A. 75-7c05(d), and
546546 amendments thereto, shall be completed. Fingerprints shall not be required
547547 for renewal applications. If the licensee is not disqualified as provided by
548548 this act, the license shall be renewed upon receipt by the attorney general
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592592 of the items listed in subsection (a) and the completion of the background
593593 check. If the licensee holds a valid provisional license at the time the
594594 renewal application is submitted and has not been issued a standard
595595 license pursuant to K.S.A. 75-7c05(f), and amendments thereto, then the
596596 attorney general shall issue a standard license to the licensee if the licensee
597597 is not disqualified as provided by this act.
598598 (c) No license shall be renewed if the renewal application is filed six
599599 months or more after the expiration date of the license, and such license
600600 shall be deemed to be permanently expired. A person whose license has
601601 been permanently expired may reapply for licensure but an application for
602602 licensure pursuant to K.S.A. 75-7c05, and amendments thereto, shall be
603603 submitted, and a background investigation including the submission of
604604 fingerprints, shall be conducted pursuant to the provisions of that section.
605605 Sec. 5. K.S.A. 75-7c22 is hereby amended to read as follows: 75-
606606 7c22. (a) (1) An off-duty law enforcement officer may carry a concealed
607607 handgun in any building where an on-duty law enforcement officer would
608608 be authorized to carry a concealed handgun regardless of whether the
609609 requirements of K.S.A. 75-7c10 or 75-7c20, and amendments thereto, for
610610 prohibiting the carrying of a concealed handgun in such building have
611611 been satisfied, provided:
612612 (1)(A) Such officer is in compliance with the firearms policies of such
613613 officer's law enforcement agency; and
614614 (2)(B) such officer possesses identification required by such officer's
615615 law enforcement agency and presents such identification when requested
616616 by another law enforcement officer or by a person of authority for the
617617 building where the carrying of concealed handguns is otherwise
618618 prohibited.
619619 (2) No person of authority for a building shall require, request or
620620 record personal information of any off-duty law enforcement officer
621621 entering such building in accordance with this section, including, but not
622622 limited to, such officer's email address, home phone number or home
623623 address, nor shall such officer be required to wear any item identifying
624624 such officer as a law enforcement officer or as being armed.
625625 (b) A law enforcement officer from another state or a retired law
626626 enforcement officer meeting the requirements of the federal law
627627 enforcement officers safety act, 18 U.S.C. §§ 926B and 926C, may carry a
628628 concealed handgun in any building where an on-duty law enforcement
629629 officer would be authorized to carry a concealed handgun regardless of
630630 whether the requirements of K.S.A. 75-7c10 or 75-7c20, and amendments
631631 thereto, for prohibiting the carrying of a concealed handgun in such
632632 building have been satisfied, provided, such officer possesses
633633 identification required by the federal law enforcement officers safety act
634634 and presents such identification when requested by another law
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678678 enforcement officer or by a person of authority for the building where the
679679 carrying of concealed handguns is otherwise prohibited.
680680 (c) Any law enforcement officer or retired law enforcement officer
681681 who is issued a license to carry a concealed handgun under the personal
682682 and family protection act shall be subject to the provisions of that act,
683683 except that for any such law enforcement officer or retired law
684684 enforcement officer who satisfies the requirements of either subsection (a)
685685 or (b) the provisions of this section shall control with respect to where a
686686 concealed handgun may be carried.
687687 (d) The provisions of this section shall not apply to any building
688688 where the possession of firearms is prohibited or restricted by an order of
689689 the chief judge of a judicial district, or by federal law or regulation.
690690 (e) The provisions of this section shall not apply to any law
691691 enforcement officer or retired law enforcement officer who has been
692692 denied a license to carry a concealed handgun pursuant to K.S.A. 75-7c04,
693693 and amendments thereto, or whose license to carry a concealed handgun
694694 has been suspended or revoked in accordance with the provisions of the
695695 personal and family protection act.
696696 (f) As used in this section:
697697 (1) "Law enforcement officer" means:
698698 (A) Any person employed by a law enforcement agency, who is in
699699 good standing and is certified under the Kansas law enforcement training
700700 act;
701701 (B) a law enforcement officer who has obtained a similar designation
702702 in a jurisdiction outside the state of Kansas but within the United States; or
703703 (C) a federal law enforcement officer who as part of such officer's
704704 duties is permitted to make arrests and to be armed.
705705 (2) "Person of authority" means any person who is tasked with
706706 screening persons entering the building, or who otherwise has the authority
707707 to determine whether a person may enter or remain in the building.
708708 (g) This section shall be a part of and supplemental to the personal
709709 and family protection act.
710710 Sec. 6. K.S.A. 75-7c07 and 75-7c22 and K.S.A. 2024 Supp. 75-7c04,
711711 75-7c05 and 75-7c08 are hereby repealed.
712712 Sec. 7. This act shall take effect and be in force from and after its
713713 publication in the statute book.
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