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Session of 2025
SENATE BILL No. 43
By Committee on Federal and State Affairs
1-21
AN ACT concerning firearms; relating to the possession thereof; updating
cross references in the personal and family protection act regarding the
eligibility requirements to obtain a license to carry a concealed
handgun; requiring a license be surrendered to the attorney general
upon suspension or revocation of such license; providing for a
transition from a provisional license to a standard license; prohibiting
the collection of personal information of an off-duty law enforcement
officer entering buildings while armed or requiring such officer to wear
any item identifying such person as a law enforcement officer or being
armed; amending K.S.A. 75-7c07 and 75-7c22 and K.S.A. 2024 Supp.
75-7c04, 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. 2024 Supp. 75-7c04 is hereby amended to read as
follows: 75-7c04. (a) The attorney general shall not issue a license
pursuant to this act if the applicant:
(1) Is not a resident of the county where application for licensure is
made or is not a resident of the state;
(2) is prohibited from shipping, transporting, possessing or receiving
a firearm or ammunition under 18 U.S.C. § 922(g) or (n), and amendments
thereto, or K.S.A. 21-4204, prior to its repeal, or K.S.A. 21-6301(a)(10)
through, (a)(13) or (a)(15) through (a)(18) or K.S.A. 21-6304(a)(1)
through (a)(3) (a)(4), and amendments thereto; or
(3) (A) For a provisional license, is less than 18 years of age; or
(B) for a standard license, is less than 21 years of age.
(b) (1) The attorney general shall adopt rules and regulations
establishing procedures and standards as authorized by this act for an
eight-hour handgun safety and training course required by this section.
Such standards shall include:
(A) A requirement that trainees receive training in the safe storage of
handguns, actual firing of handguns and instruction in the laws of this state
governing the carrying of concealed handguns and the use of deadly force;
(B) general guidelines for courses which are compatible with the
industry standard for basic handgun training for civilians;
(C) qualifications of instructors; and
(D) a requirement that the course be:
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(i) A handgun course certified or sponsored by the attorney general;
or
(ii) a handgun course certified or sponsored by the national rifle
association or by a law enforcement agency, college, private or public
institution or organization or handgun training school, if the attorney
general determines that such course meets or exceeds the standards
required by rules and regulations adopted by the attorney general and is
taught by instructors certified by the attorney general or by the national
rifle association, if the attorney general determines that the requirements
for certification of instructors by such association meet or exceed the
standards required by rules and regulations adopted by the attorney
general.
(2) Any person wanting to be certified by the attorney general as an
instructor shall submit to the attorney general an application in the form
required by the attorney general and a fee not to exceed $150.
(2)(3) The cost of the handgun safety and training course required by
this section shall be paid by the applicant. The following shall constitute
satisfactory evidence of satisfactory completion of an approved handgun
safety and training course:
(A) Evidence of completion of a course that satisfies the requirements
of subsection (b)(1), in the form provided by rules and regulations adopted
by the attorney general;
(B) an affidavit from the instructor, school, club, organization or
group that conducted or taught such course attesting to the completion of
the course by the applicant;
(C) evidence of completion of a course offered in another jurisdiction
which is determined by the attorney general to have training requirements
that are equal to or greater than those required by this act; or
(D) a determination by the attorney general pursuant to subsection
(c).
(c) (1) The attorney general may:
(A) Create a list of concealed carry handgun licenses or permits
issued by other jurisdictions that the attorney general finds have training
requirements that are equal to or greater than those of this state; and
(B) review each application received pursuant to K.S.A. 75-7c05, and
amendments thereto, to determine if the applicant's previous training
qualifications were equal to or greater than those of this state.
(2) For the purposes of this subsection:
(A) "Equal to or greater than" means the applicant's prior training
meets or exceeds the training established in this section by having
required, at a minimum, the applicant to:
(i) Receive instruction on the laws of self-defense; and
(ii) demonstrate training and competency in the safe handling, storage
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and actual firing of handguns.
(B) "Jurisdiction" means another state or the District of Columbia.
(C) "License or permit" means a concealed carry handgun license or
permit from another jurisdiction that has not expired and, except for any
residency requirement of the issuing jurisdiction, is currently in good
standing.
Sec. 2. K.S.A. 2024 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; or
(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) (j) , 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) 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) a full frontal view photograph of the applicant taken within the
preceding 30 days.
(c) (1) Except as otherwise provided in subsection (i) (j), the sheriff,
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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. 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.
(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 in accordance with K.S.A. 2024 Supp. 22-4714, 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
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Kansas administrative procedure act.
(f) Any person who holds a provisional license issued pursuant to this
act may, on reaching the age of 21 years, submit a request to the attorney
general to have a standard license issued to such person. Upon
confirmation that such person is at least 21 years of age, the attorney
general shall issue a standard license to such person in accordance with
this act. The term of such standard license shall be for the remaining
unexpired portion of the term of such person's provisional license.
(g) 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)(h) (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)(i) 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 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)(j) 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
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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.
Sec. 3. K.S.A. 75-7c07 is hereby amended to read as follows: 75-
7c07. (a) In accordance with the provisions of the Kansas administrative
procedure act, the attorney general shall deny a license or the renewal
thereof to any applicant for license who is ineligible for such license under
K.S.A. 75-7c04, and amendments thereto, and, except as provided by
subsection (b), shall revoke at any time the license of any person who
would be becomes ineligible for such license under K.S.A. 75-7c04, and
amendments thereto, if submitting an application for a license at such time.
Review by the district court in accordance with the Kansas judicial review
act shall be, at the option of the party seeking review, in Shawnee county
or the county in which the petitioner resides. The revocation shall remain
in effect pending any appeal and shall not be stayed by the court.
(b) The license of a person who is charged for an offense or is subject
to a proceeding that could render the person ineligible pursuant to
subsection (a) of K.S.A. 75-7c04 (a), and amendments thereto, shall be
subject to suspension and shall be reinstated upon final disposition of the
charge or outcome of the proceeding as long as the arrest or proceeding
does not result in a disqualifying conviction, commitment, finding or
order.
(c) The sheriff of the county where a restraining order is issued that
would prohibit issuance of a license under subsection (a)(2) of K.S.A. 75-
7c04(a)(2), and amendments thereto, shall notify the attorney general
immediately upon receipt of such order. If the person subject to the
restraining order holds a license issued pursuant to this act, the attorney
general immediately shall suspend such license upon receipt of notice of
the issuance of such order. The attorney general shall adopt rules and
regulations establishing procedures which allow for 24-hour notification
and suspension of a license under the circumstances described in this
subsection. The attorney general shall immediately reinstate the license, if
it has not otherwise expired, upon proof of the cancellation of the order.
(d) Upon the suspension or revocation of a license issued pursuant to
this act, the licensee shall surrender the physical license card or
authorization document issued pursuant to K.S.A. 75-7c03(d), and
amendments thereto, to the attorney general. If suspended, such physical
license card or authorization document shall be returned to the licensee at
the conclusion of such suspension. The attorney general may impose a fee
in an amount not to exceed $250 on any licensee who fails to surrender a
license within 30 days after written notification has been sent to such
licensee that such license is suspended or revoked. All fees collected by the
attorney general pursuant to this subsection shall be remitted to the state
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treasurer who shall deposit the entire amount in the state treasury and
credit such amount to the concealed handgun licensure fund.
(e) (1) If the provisions of paragraph (2) are met, a license issued
pursuant to this act shall not be revoked until 90 days after the person
issued such license is no longer a resident of this state, if being a
nonresident of this state is the only grounds for revocation.
(2) A license issued pursuant to this act shall be considered valid for
90 days after a licensee is no longer a resident of Kansas, provided that:
(A) Prior to the change in residency, the licensee notified the attorney
general in writing of the pending change; and
(B) the licensee's new state of residence, or any other state or
jurisdiction that such licensee travels to during the 90-day period, would
recognize such license as valid.
(e)(f) A person who has been issued a license pursuant to this act and
who gave up residency in this state, but has returned to reside in this state
shall be eligible to have their license reinstated as valid provided that:
(1) The license has not expired; and
(2) (A) the licensee notified the attorney general in writing of both the
residency departure and relocation back to this state; or
(B) if such licensee failed to comply with the notification
requirements of this subsection, the penalty provisions of subsection (e) of
K.S.A. 75-7c06(e), and amendments thereto, have been satisfied.
Sec. 4. K.S.A. 2024 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 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
renewal application is considered filed on the date the renewal form and
affidavit 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
(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
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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 and has not been issued a standard
license pursuant to K.S.A. 75-7c05(f), and amendments thereto , 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 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. 5. K.S.A. 75-7c22 is hereby amended to read as follows: 75-
7c22. (a) (1) An off-duty law enforcement officer may carry a concealed
handgun in any building where an on-duty law enforcement officer would
be authorized to carry a concealed handgun regardless of whether the
requirements of K.S.A. 75-7c10 or 75-7c20, and amendments thereto, for
prohibiting the carrying of a concealed handgun in such building have
been satisfied, provided:
(1)(A) Such officer is in compliance with the firearms policies of such
officer's law enforcement agency; and
(2)(B) such officer possesses identification required by such officer's
law enforcement agency and presents such identification when requested
by another law enforcement officer or by a person of authority for the
building where the carrying of concealed handguns is otherwise
prohibited.
(2) No person of authority for a building shall require, request or
record personal information of any off-duty law enforcement officer
entering such building in accordance with this section, including, but not
limited to, such officer's email address, home phone number or home
address, nor shall such officer be required to wear any item identifying
such officer as a law enforcement officer or as being armed.
(b) A law enforcement officer from another state or a retired law
enforcement officer meeting the requirements of the federal law
enforcement officers safety act, 18 U.S.C. §§ 926B and 926C, may carry a
concealed handgun in any building where an on-duty law enforcement
officer would be authorized to carry a concealed handgun regardless of
whether the requirements of K.S.A. 75-7c10 or 75-7c20, and amendments
thereto, for prohibiting the carrying of a concealed handgun in such
building have been satisfied, provided, such officer possesses
identification required by the federal law enforcement officers safety act
and presents such identification when requested by another law
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enforcement officer or by a person of authority for the building where the
carrying of concealed handguns is otherwise prohibited.
(c) Any law enforcement officer or retired law enforcement officer
who is issued a license to carry a concealed handgun under the personal
and family protection act shall be subject to the provisions of that act,
except that for any such law enforcement officer or retired law
enforcement officer who satisfies the requirements of either subsection (a)
or (b) the provisions of this section shall control with respect to where a
concealed handgun may be carried.
(d) The provisions of this section shall not apply to any building
where the possession of firearms is prohibited or restricted by an order of
the chief judge of a judicial district, or by federal law or regulation.
(e) The provisions of this section shall not apply to any law
enforcement officer or retired law enforcement officer who has been
denied a license to carry a concealed handgun pursuant to K.S.A. 75-7c04,
and amendments thereto, or whose license to carry a concealed handgun
has been suspended or revoked in accordance with the provisions of the
personal and family protection act.
(f) As used in this section:
(1) "Law enforcement officer" means:
(A) Any person employed by a law enforcement agency, who is in
good standing and is certified under the Kansas law enforcement training
act;
(B) a law enforcement officer who has obtained a similar designation
in a jurisdiction outside the state of Kansas but within the United States; or
(C) a federal law enforcement officer who as part of such officer's
duties is permitted to make arrests and to be armed.
(2) "Person of authority" means any person who is tasked with
screening persons entering the building, or who otherwise has the authority
to determine whether a person may enter or remain in the building.
(g) This section shall be a part of and supplemental to the personal
and family protection act.
Sec. 6. K.S.A. 75-7c07 and 75-7c22 and K.S.A. 2024 Supp. 75-7c04,
75-7c05 and 75-7c08 are hereby repealed.
Sec. 7. This act shall take effect and be in force from and after its
publication in the statute book.
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