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AN ACT providing for licensure to carry certain concealed weapons; pro-
  hibiting certain acts and prescribing penalties for violations; amending
  K.S.A. 1996 Supp. 21-4201 and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
  New Section 1.  As used in sections 1 through 37:
  (a)  ``Action'' means single action, revolver or semiautomatic action.
  (b)  ``Bureau'' means the Kansas bureau of investigation, including
employees of the bureau.
  (c)  ``Chemically dependent person'' means a person who frequently
or repeatedly becomes intoxicated by excessive indulgence in alcohol or
uses controlled substances or dangerous drugs so as to acquire a fixed
habit and an involuntary tendency to become intoxicated or use those
substances as often as the opportunity is presented.
  (d)  ``Concealed handgun'' means a handgun, the presence of which
is not openly discernible to the ordinary observation of a reasonable per-
son.
  (e)  ``Convicted'' means an adjudication of guilt or an order of de-
ferred adjudication entered against a person by a court of competent
jurisdiction whether or not:
  (1)  The imposition of the sentence is subsequently probated and the
person is discharged from community supervision; or
  (2)  the person is pardoned for the offense, unless the pardon is ex-
pressly granted for subsequent proof of innocence.
  (f)  ``Director'' means the director of the Kansas bureau of investiga-
tion or the director's designee.
  (g)  ``Handgun'' means any firearm that is designed, made or adapted
to be fired with one hand.
  (h)  ``Intoxicated'' means:
  (1)  Not having the normal use of mental or physical faculties by rea-
son of the introduction of alcohol, a controlled substance, a drug, a dan-
gerous drug, a combination of two or more of those substances or any
other substance into the body; or
  (2)  having a blood or breath alcohol concentration of 0.08 or greater.
  (i)  ``Qualified handgun instructor'' means a person who is certified to
instruct in the use of handguns by the bureau.
  (j)  ``Unsound mind'' means the mental condition of a person who:
  (1)  Has been adjudicated mentally incompetent, mentally ill or not
guilty of a criminal offense by reason of insanity;
  (2)  has been diagnosed by a licensed physician as being characterized
by a mental disorder or infirmity that renders the person incapable of
managing the person's self or the person's affairs, unless the person fur-
nishes a certificate from a licensed physician stating that the person is no
longer disabled or under any medication for the treatment of a mental or
psychiatric disorder; or
  (3)  has been diagnosed by a licensed physician as suffering from de-
pression, manic depression or posttraumatic stress syndrome, unless the
person furnishes a certificate from a licensed physician stating that the
person is no longer disabled or under any medication for the treatment
of a mental or psychiatric disorder.
  New Sec. 2.  (a) A person is eligible for a license to carry a concealed
handgun if the person:
  (1)  Is a legal resident of this state for the six-month period preceding
the date of application under this act;
  (2)  is at least 21 years of age;
  (3)  has not been convicted of a felony;
  (4)  is not charged with the commission of a class A or class B mis-
demeanor or an offense under K.S.A. 21-4201 et seq. and amendments
thereto or of a felony under an information or indictment;
  (5)  is not a fugitive from justice for a felony or a class A or class B
misdemeanor;
  (6)  is not a chemically dependent person;
  (7)  is not a person of unsound mind;
  (8)  has not, in the five years preceding the date of application, been
convicted of a class A or class B misdemeanor or an offense under K.S.A.
21-4201 et seq. and amendments thereto;
  (9)  is fully qualified under applicable federal and state law to pur-
chase a handgun;
  (10)  has not been finally determined to be delinquent in making a
child support payment administered or collected by the attorney general;
  (11)  has not been finally determined to be delinquent in the payment
of a tax or other money collected by the state treasurer, tax collector of
a political subdivision of the state, division of alcoholic beverage control
or any other agency or subdivision of the state;
  (12)  has not been finally determined to be in default on a student
loan made under K.S.A. 72-7401 et seq. and amendments thereto;
  (13)  is not currently restricted under a court protective order or sub-
ject to a restraining order affecting the spousal relationship, not including
a restraining order solely affecting property interests;
  (14)  has not, in the 10 years preceding the date of application, been
adjudicated as having engaged in delinquent conduct violating a penal
law of the grade of felony;
  (15)  has not made any material misrepresentation, or failed to dis-
close any material fact, in an application submitted pursuant to section 3
of this act or in a request for application submitted pursuant to section 4
of this act;
  (16)  has not, in the five years preceding the date of application, been
charged with or convicted of a misdemeanor or felony offense related to
domestic violence under K.S.A. 22-2309 and amendments thereto and
the Kansas criminal code;
  (17)  has not, in the 10 years preceding the date of application, at-
tempted to commit suicide or assist another in attempting to commit
suicide in violation of K.S.A. 21-3406 and amendments thereto;
  (18)  has no past due child support owed;
  (19)  has not, in the 10 years preceding the date of application, been
discharged from the armed forces of the United States with a less than
honorable discharge; and
  (20)  has not through reliable evidence been affiliated with a street
gang or other criminal enterprise as defined by K.S.A. 21-4401 and
amendments thereto and 18 U.S.C. 1961.
  (b)  For the purposes of this section, an offense under the laws of this
state, another state or the United States is:
  (1)  A felony if the offense is so designated by law or if confinement
for one year or more in a penitentiary is affixed to the offense as a possible
punishment; and
  (2)  a class A misdemeanor if the offense is not a felony and confine-
ment in a jail other than a state jail felony facility is affixed as a possible
punishment.
  (c)  An individual who has been convicted two times within the 10-
year period preceding the date on which the person applies for a license
of an offense of the grade of class B misdemeanor or greater that involves
the use of alcohol or a controlled substance as a statutory element of the
offense is a chemically dependent person for purposes of this section and
is not qualified to receive a license under this article. Nothing in this
subsection shall preclude the disqualification of an individual for being a
chemically dependent person if other evidence exists that the person is a
chemically dependent person.
  New Sec. 3.  (a) An applicant for a license to carry a concealed hand-
gun must submit to the director's designee described by section 5 of this
act:
  (1)  A completed application on a form provided by the bureau that
requires only the information listed in subsection (b) of this section;
  (2)  two recent color passport photographs of the applicant;
  (3)  a certified copy of the applicant's birth certificate or certified
proof of age;
  (4)  proof of residency in this state;
  (5)  two complete sets of legible and classifiable fingerprints of the
applicant taken by a person employed by a law enforcement agency who
is appropriately trained in recording fingerprints;
  (6)  a nonrefundable application and license fee of $140 paid to the
bureau;
  (7)  a handgun proficiency certificate described by section 17 of this
act;
  (8)  an affidavit signed by the applicant stating that the applicant:
  (A)  Has read and understands each provision of this act that creates
an offense under the laws of this state and each provision of the laws of
this state related to use of deadly force; and
  (B)  fulfills all the eligibility requirements listed under section 2 of
this act; and
  (9)  a form executed by the applicant that authorizes the director to
make an inquiry into any noncriminal history records that are necessary
to determine the applicant's eligibility for a license under subsection (a)
of section 2 of this act.
  (b)  An applicant must provide on the application a statement of the
applicant's:
  (1)  Full name and place and date of birth;
  (2)  race and sex;
  (3)  residence and business addresses for the preceding five years;
  (4)  hair and eye color;
  (5)  height and weight;
  (6)  driver's license number or identification certificate number issued
by the bureau;
  (7)  criminal history record information of the type maintained under
K.S.A. 22-4701 et seq. and amendments thereto including a list of offenses
for which the applicant was arrested, charged or under an information or
indictment and the disposition of the offenses; and
  (8)  history during the preceding five years, if any, of treatment re-
ceived by, commitment to, or residence in:
  (A)  A drug or alcohol treatment center licensed to provide drug or
alcohol treatment under the laws of this state or another state; or
  (B)  a psychiatric hospital.
  The bureau shall distribute on request a copy of this act and application
materials.
  New Sec. 4.  (a) A person applying for a license to carry a concealed
handgun must apply by obtaining a request for application materials from
a handgun dealer, the bureau or any other person or entity approved by
the bureau. This request for application materials shall include the ap-
plicant's full name, address, race, sex, height, date of birth, driver's license
number and such other identifying information as may be required by
the bureau by rule and regulation. This request shall be in a form pre-
scribed by the bureau and made available to interested parties by the
bureau. An individual who desires to receive application materials shall
complete the request for application materials and forward it to the bu-
reau at its Topeka address. The bureau shall review all such requests for
application materials and make a preliminary determination as to whether
or not the individual is qualified to receive a handgun license. If an in-
dividual is not disqualified to receive a handgun license, the bureau shall
forward to the individual the appropriate application materials as de-
scribed in this act. The applicant shall complete the application materials
and forward the completed materials to the bureau at its Topeka address.
  (b)  In the event that a preliminary review indicates that an individual
will not be qualified to receive a handgun license, the bureau shall send
written notification to that individual. The notice shall provide the reason
that the preliminary review indicates that the individual is not entitled to
receive a handgun license. The individual shall be given an opportunity
to correct whatever defect may exist.
  New Sec. 5.  (a) Upon receipt of the application materials by the bu-
reau at its Topeka headquarters, the bureau shall conduct the appropriate
criminal history record check of the applicant through its computerized
criminal history system. Not later than the 30th day after the date the
bureau receives the application materials, the bureau shall forward the
materials to the director's designee in the geographical area of the appli-
cant's residence so that the designee may conduct the investigation de-
tailed in subsection (b) of this section.
  (b)  The director's designee as needed shall conduct an additional
criminal history record check of the applicant and an investigation of the
applicant's local official records to verify the accuracy of the application
materials. The scope of the record check and the investigation are at the
sole discretion of the bureau. The bureau shall send a fingerprint card to
the federal bureau of investigation for a national criminal history check
of the applicant. On completion of the investigation, the director's des-
ignee shall return all materials and the result of the investigation to the
appropriate division of the bureau at its Topeka headquarters. The direc-
tor's designee may submit to the appropriate division of the bureau, at
the bureau's Topeka headquarters, along with the application materials a
written recommendation for disapproval of the application, accompanied
by an affidavit stating personal knowledge or naming persons with per-
sonal knowledge of a ground for denial under section 2 of this act. The
director's designee in the appropriate geographical area also may submit
the application and the recommendation that the license be issued.
  New Sec. 6.  (a) The bureau shall issue a license to carry a concealed
handgun to an applicant if the applicant meets all the eligibility require-
ments and submits all the application materials. The bureau may issue a
license to carry handguns only of the categories indicated on the appli-
cant's certificate of proficiency issued under section 17 of this act. The
bureau shall administer the licensing procedures in good faith so that any
applicant who meets all the eligibility requirements and submits all the
application materials shall receive a license. The bureau may not deny an
application on the basis of a capricious or arbitrary decision by the bureau.
  (b) (1)  After January 1, 1998, the bureau, not later than the 60th day
after the date of the receipt by the director's designee of the completed
application materials, shall:
  (A)  Issue the license, or
  (B)  notify the applicant in writing that the application was denied:
  (i)  Upon the grounds that the applicant failed to qualify under the
criteria listed in section 2 of this act;
  (ii)  based on the affidavit of the director's designee submitted to the
bureau under subsection (b) of section 5 of this act; or
  (iii)  based on the affidavit of the qualified handgun instructor sub-
mitted to the bureau under subsection (c) of section 17 of this act.
  (2)  Between the effective date of this act and December 31, 1997,
the bureau shall perform the duties set out in this subsection not later
than the 90th day after the date of the receipt by the director's designee
of the completed application materials.
  (c)  If the bureau issues a license, the bureau shall notify the sheriff
of the county in which the license holder resides that a license has been
issued to the license holder. On request of a local law enforcement
agency, the bureau shall notify the agency of the licenses that have been
issued to license holders who reside in the county in which the agency is
located.
  (d)  A license issued under this act is effective from the date of issu-
ance.
  (e)  The bureau by rule and regulation shall adopt the form of the
license. A license must include:
  (1)  A number assigned to the license holder by the bureau;
  (2)  a statement of the period for which the license is effective;
  (3)  a statement of the category or categories of handguns the license
holder may carry as provided by subsection (f) of this section;
  (4)  a color photograph of the license holder; and
  (5)  the license holder's full name, date of birth, residence address,
hair and eye color, height, weight, signature and the number of a driver's
license or an identification certificate issued to the license holder by the
bureau.
  (f)  A category of handguns contains handguns that are not prohibited
by law and are of certain actions. The categories of handguns are as fol-
lows:
  (1)  SA: Any handguns, whether semiautomatic or not; and
  (2)  NSA: Handguns that are not semiautomatic.
  (g)  Upon demand by a judge or a law enforcement officer that a
license holder display the license holder's handgun license, the license
holder shall display both the license and the license holder's driver's li-
cense or identification certificate issued by the bureau.
  (h)  If a license holder is carrying a handgun on or about the license
holder's person when a judge or a law enforcement officer demands that
the license holder display identification, the license holder shall display
both the license holder's driver's license or identification certificate issued
by the bureau and the license holder's handgun license.
  (i)  A person commits an offense if the person fails or refuses to display
the license and identification as required by subsection (g) or (h) of this
section. An offense under this subsection is a class B misdemeanor.
  New Sec. 7.  (a) The bureau shall give written notice to each applicant
for a handgun license of any denial, revocation or suspension of that
license. Not later than the 30th day after the notice is received by the
applicant, according to the records of the bureau, the applicant or license
holder may request a hearing on the denial, revocation or suspension.
The applicant must make a written request for a hearing addressed to
the bureau at its Topeka address. The request for hearing must reach the
bureau in Topeka prior to the 50th day after the date of receipt of the
written notice. Upon receipt of a request for hearing from a license holder
or applicant, the bureau shall promptly schedule an administrative hear-
ing pursuant to K.S.A. 77-501 et seq. and amendments thereto in the
county of residence of the applicant or license holder. The administrative
hearing officer shall conduct a hearing to review the denial, revocation
or suspension of the license. The bureau may be represented by a district
attorney, county attorney, the attorney general or a designated member
of the bureau.
  (b)  A party adversely affected by the hearing officer's ruling following
a hearing under this section may appeal the ruling by following proce-
dures set out under the administrative procedure act, K.S.A. 77-501 et
seq. and amendments thereto.
  (c)  The bureau is specifically authorized to utilize and to introduce
into evidence certified copies of governmental records to establish the
existence of certain events which could result in the denial, revocation or
suspension of a license under this article, including, but not limited to,
records regarding convictions, judicial findings regarding mental com-
petency, judicial findings regarding chemical dependency or other mat-
ters that may be established by governmental records which have been
properly authenticated.
  (d)  The applicant bears the burden of proving by a preponderance of
the evidence that the bureau has improperly denied the permit to carry
a concealed weapon.
  New Sec. 8.  (a)  If a person who is a current license holder moves
from the address stated on the license or if the name of the person is
changed by marriage or otherwise, the person shall, not later than the
30th day after the date of the address or name change, notify the bureau
and provide the bureau with the number of the person's license and the
person's:
  (1)  Former and new addresses; or
  (2)  former and new names.
  (b)  If the name of the license holder is changed by marriage or oth-
erwise, the person shall apply for a duplicate license.
  (c)  If a license holder has moved from the address on the license, the
person shall apply for a duplicate license.
  (d)  The bureau shall charge a license holder a fee of $25 for a du-
plicate license.
  (e)  The bureau shall make the duplicate license application forms
available on request.
  (f)  The bureau shall notify the sheriff of the county in which a license
holder resides of a change made under subsection (a) of this section by
the license holder. Upon request of a local law enforcement agency, the
bureau shall notify the agency of changes made under subsection (a) of
this section by license holders who reside in the county in which the
agency is located.
  (g)  If a license is lost, stolen or destroyed, the license holder shall
apply for a duplicate license not later than the 30th day after the date of
the loss, theft or destruction of the license.
  (h)  If a license holder is required under this section to apply for a
duplicate license and the license expires not later than the 60th day after
the date of the loss, theft or destruction of the license, the applicant may
renew the license with the modified information included on the new
license. The applicant shall pay only the nonrefundable renewal fee.
  New Sec. 9.  (a) A license issued under this act expires on the first
birthday of the license holder occurring after the fourth anniversary of
the date of issuance.
  (b)  A renewed license expires on the license holder's birthdate, four
years after the date of the expiration of the previous license.
  (c)  A duplicate license expires on the date the license that was du-
plicated would have expired.
  (d)  A modified license expires on the date the license that was mod-
ified would have expired.
  New Sec. 10.  (a) To modify a license to allow a license holder to
carry a handgun of a different category than the license indicates, the
license holder must:
  (1)  Complete a proficiency examination as provided by subsection (e)
of section 16 of this act;
  (2)  obtain a handgun proficiency certificate under section 17 of this
act not more than six months before the date of application for a modified
license; and
  (3)  submit to the bureau:
  (A)  An application for a modified license on a form provided by the
bureau;
  (B)  a copy of the handgun proficiency certificate;
  (C)  payment of a modified license fee of $25; and
  (D)  two recent color passport photographs of the license holder.
  (b)  The director by rule and regulation shall adopt a modified license
application form requiring an update of the information on the original
completed application.
  (c)  The bureau may modify the license of a license holder who meets
all the eligibility requirements and submits all the modification materials.
Not later than the 45th day after receipt of the modification materials,
the bureau shall issue the modified license or notify the license holder in
writing that the modified license application was denied.
  (d)  Upon receipt of a modified license, the license holder shall return
the previously issued license to the bureau.
  New Sec. 11.  (a) To renew a license, a license holder must:
  (1)  Complete a continuing education course in handgun proficiency
under subsection (c) of section 16 of this act not more than six months
before the date of application for renewal;
  (2)  obtain a handgun proficiency certificate under section 17 of this
act not more than six months before the date of application for renewal;
and
  (3)  submit to the bureau:
  (A)  An application for renewal on a form provided by the bureau;
  (B)  a copy of the handgun proficiency certificate;
  (C)  payment of a nonrefundable renewal fee as set by the bureau;
and
  (D)  two recent color passport photographs of the applicant.
  (b)  The director by rule and regulation shall adopt a renewal appli-
cation form requiring an update of the information on the original com-
pleted application. The director by rule and regulation shall set the re-
newal fee in an amount that is sufficient to cover the actual cost to the
bureau to renew a license. Not later than the 60th day before the expi-
ration date of the license, the bureau shall mail to each license holder a
written notice of the expiration of the license and a renewal form.
  (c)  The bureau shall renew the license of a license holder who meets
all the eligibility requirements and submits all the renewal materials. Not
later than the 45th day after receipt of the renewal materials, the bureau
shall issue the renewal or notify the license holder in writing that the
renewal application was denied.
  (d)  The director by rule and regulation shall adopt a procedure by
which a license holder who satisfies the eligibility criteria may renew a
license by mail. The materials for renewal by mail must include a form
to be signed and returned to the bureau by the applicant that describes
state law regarding:
  (1)  The use of deadly force; and
  (2)  the places where it is unlawful for the holder of a license issued
under this article to carry a concealed handgun.
  New Sec. 12.  (a) A license may be revoked under this section if the
license holder:
  (1)  Was not entitled to the license at the time it was issued;
  (2)  gave false information on the application;
  (3)  subsequently becomes ineligible for a license under section 2 of
this act; or
  (4)  is convicted of an offense under K.S.A. 21-4201 et seq. and
amendments thereto.
  (b)  If a law enforcement officer believes a reason listed in subsection
  (a) of this section to revoke a license exists, the law enforcement officer
shall prepare an affidavit on a form provided by the bureau stating the
reason for the revocation of the license and giving the bureau all of the
information available to the law enforcement officer at the time of the
preparation of the form. The officer shall attach the officer's reports re-
lating to the license holder to the form and send the form and attachments
to the appropriate division of the bureau at its Topeka headquarters not
later than the fifth working day after the date the form is prepared. The
officer shall send a copy of the form and the attachments to the license
holder. If the license holder has not surrendered the license or the license
was not seized as evidence, the license holder shall surrender the license
to the appropriate division of the bureau not later than the 10th day after
the date the license holder receives the notice of revocation from the
bureau, unless the license holder requests a hearing from the bureau.
The license holder may request that the administrative hearing officer
review the revocation in the county in which the license holder resides
as provided by section 7 of this act. If a request is made for the admin-
istrative hearing officer to review the revocation and hold a hearing, the
license holder shall surrender the license on the date an order of revo-
cation has been entered by the administrative hearing officer.
  (c)  A license holder whose license has been revoked for a reason
listed in this section may reapply as a new applicant for the issuance of a
license under this act after the second anniversary of the date of the
revocation if the cause for revocation does not exist on the date of the
second anniversary. If the cause of revocation exists on the date of the
second anniversary after the date of revocation, the license holder may
not apply for a new license until the cause for the revocation no longer
exists and has not existed for a period of two years.
  New Sec. 13.  (a) A license may be suspended under this section if
the license holder:
  (1)  Is convicted of disorderly conduct punishable as a class C mis-
demeanor under K.S.A. 21-4101 et seq. and amendments thereto;
  (2)  fails to display a license as required by section 6 of this act;
  (3)  fails to notify the bureau of a change of address or name as re-
quired by section 8 of this act;
  (4)  carries a concealed handgun under the authority of this act of a
different category than the license holder is licensed to carry;
  (5)  has been charged by indictment with the commission of an of-
fense that would make the license holder ineligible for a license on con-
viction; or
  (6)  fails to return a previously issued license after a license is modified
as required by subsection (d) of section 10 of this act.
  (b)  If any law enforcement officer believes a reason listed in subsec-
tion (a) of this section to suspend a license exists, the officer shall prepare
an affidavit on a form provided by the bureau stating the reason for the
suspension of the license and giving the bureau all of the information
available to the officer at the time of the preparation of the form. The
officer shall attach the officer's reports relating to the license holder to
the form and send the form and the attachments to the appropriate di-
vision of the bureau at its Topeka headquarters not later than the fifth
working day after the date the form is prepared. The officer shall send a
copy of the form and the attachments to the license holder. If the license
holder has not surrendered the license or the license was not seized as
evidence, the license holder shall surrender the license to the appropriate
division of the bureau not later than the 10th day after the date the license
holder receives the notice of suspension from the bureau unless the li-
cense holder requests a hearing from the bureau. The license holder may
request that the administrative hearing officer in the county in which the
license holder resides review the suspension as provided by section 7 of
this act. If a request is made for the administrative hearing officer to
review the suspension and hold a hearing, the license holder shall sur-
render the license on the date an order of suspension has been entered
by the hearing officer.
  (c)  A license may be suspended under this section for not less than
one year and not more than three years.
  New Sec. 14.  (a) If a law enforcement officer arrests and takes into
custody a license holder who is carrying a handgun under the authority
of this act, the law enforcement officer shall seize the license holder's
handgun and license as evidence.
  (b)  The provisions of K.S.A. 21-4203 et seq. and amendments thereto
relating to the disposition of weapons seized in connection with criminal
offenses, apply to a handgun seized under this subsection.
  (c)  Any judgment of conviction entered by any court for an offense
under K.S.A. 21-4201 et seq. and amendments thereto shall contain the
handgun license number of the convicted license holder. A certified copy
of the judgment is conclusive and sufficient evidence to justify revocation
of a license under subsection (a)(4) of section 12 of this act.
  New Sec. 15.  (a) A court may not hold the state, an agency or sub-
division of the state, an officer or employee of the state, a law enforcement
officer or a qualified handgun instructor liable for damages caused by:
  (1)  An action authorized under this act or failure to perform a duty
imposed by this act; or
  (2)  the actions of an applicant or license holder that occur after the
applicant has received a license or been denied a license under this act.
  (b)  A cause of action in damages may not be brought against the state,
an agency or subdivision of the state, an officer or employee of the state,
a law enforcement officer or a qualified handgun instructor for any dam-
age caused by the actions of an applicant or license holder under this act.
  (c)  The bureau is not responsible for any injury or damage inflicted
on any person by an applicant or license holder arising or alleged to have
arisen from an action taken by the bureau under this act.
  (d)  The immunities granted above under subsections (a), (b) and (c)
of this section do not apply to acts or failures to act by the state, an agency
or subdivision of the state, an officer of the state or a law enforcement
officer when such acts or failures to act were capricious or arbitrary.
  New Sec. 16.  (a) The director shall by rule and regulation establish
minimum standards for handgun proficiency and shall develop a course
to teach handgun proficiency and examinations to measure handgun pro-
ficiency. The course to teach handgun proficiency must contain training
sessions divided into two parts. One part of the course must be classroom
instruction and the other part must be range instruction and an actual
demonstration by the applicant of the applicant's ability to safely and
proficiently use the category of handgun for which the applicant seeks
certification. An applicant may not be certified unless the applicant dem-
onstrates, at a minimum, the degree of proficiency that is required to
effectively operate a 9-millimeter or .38-caliber handgun. The bureau
shall distribute the standards, course requirements and examinations on
request to any qualified handgun instructor.
  (b)  A handgun proficiency course must be administered by a qualified
handgun instructor and must include at least 10 hours and not more than
15 hours of instruction on:
  (1)  The laws that relate to weapons and to the use of deadly force;
  (2)  handgun use, proficiency and safety;
  (3)  nonviolent dispute resolution; and
  (4)  proper storage practices for handguns with an emphasis on stor-
age practices that eliminate the possibility of accidental injury to a child.
  (c)  The bureau shall by rule and regulation develop a continuing ed-
ucation course in handgun proficiency for a license holder who wishes to
renew a license. The continuing education course shall be administered
by a qualified handgun instructor and must include at least four hours of
instruction on one or more of the subjects listed in subsection (b) of this
section and include other information the director determines is appro-
priate.
  (d)  The proficiency examination to obtain or to renew a license must
be administered by a qualified handgun instructor and must include:
  (1)  A written section on the subjects listed in subsection (b) of this
section; and
  (2)  a physical demonstration of proficiency in the use of one or more
handguns of specific categories and in handgun safety procedures.
  (e)  The proficiency examination to modify a license must be admin-
istered by a qualified handgun instructor and must include a physical
demonstration of the proficiency in the use of one or more handguns of
specific categories and in handgun safety procedures.
  (f)  The bureau shall develop and distribute directions and materials
for course instruction, test administration and record keeping. All test
results shall be sent to the bureau, and the bureau shall maintain a record
of the results.
  (g)  A person who wishes to obtain or renew a license to carry a con-
cealed handgun shall apply in person to a qualified handgun instructor to
take the appropriate course in handgun proficiency, demonstrate hand-
gun proficiency and obtain a handgun proficiency certificate as described
by section 17 of this act.
  (h)  A license holder who wishes to modify a license to allow the li-
cense holder to carry a handgun of a different category than the license
indicates shall apply in person to a qualified handgun instructor to dem-
onstrate the required knowledge and proficiency to obtain a handgun
proficiency certificate in that category as described by section 17 of this
act.
  (i)  A certified firearms instructor of the bureau may monitor any class
or training presented by a qualified handgun instructor. A qualified hand-
gun instructor shall cooperate with the bureau in the bureau's efforts to
monitor the presentation of training by the qualified handgun instructor.
A qualified handgun instructor shall make available for inspection to the
bureau any and all records maintained by a qualified handgun instructor
under this act. The qualified handgun instructor shall keep a record of
all certificates of handgun proficiency issued by the qualified handgun
instructor and other information required by the bureau by rule and reg-
ulation.
  (j)  The bureau shall conduct a study to determine the effectiveness
and feasibility of allowing an applicant to take a written competency ex-
amination administered by a qualified handgun instructor in lieu of at-
tending the classroom instruction required under this section as part of
the handgun proficiency course. The bureau shall report the findings of
the study to the legislature not later than January 31, 1998.
  New Sec. 17.  (a) The bureau shall develop a sequentially numbered
handgun proficiency certificate and distribute the certificate to qualified
handgun instructors who administer the handgun proficiency examination
described in section 16 of this act. The bureau by rule and regulation may
set a fee not to exceed $5 to cover the costs of the certificates.
  (b)  If a person successfully completes the proficiency requirements
as described in section 16 of this act, the instructor shall endorse a cer-
tificate of handgun proficiency provided by the bureau. An applicant must
successfully complete both classroom and range instruction to receive a
certificate. The certificate must indicate the category of any handgun for
which the applicant demonstrated proficiency during the examination.
  (c)  A qualified handgun instructor may submit to the bureau a written
recommendation for disapproval of the application for a license, renewal
or modification of a license, accompanied by an affidavit stating personal
knowledge or naming persons with personal knowledge of facts that lead
the instructor to believe that an applicant is not qualified for handgun
proficiency certification.
  New Sec. 18.  (a) The director may certify as a qualified handgun
instructor a person who:
  (1)  Is certified by the Kansas law enforcement training commission
and the Kansas attorney general instruct others in the use of handguns;
  (2)  regularly instructs others in the use of handguns and has gradu-
ated from a handgun instructor school that uses a nationally accepted
course designed to train persons as handgun instructors; or
  (3)  is certified by the national rifle association of America as a hand-
gun instructor.
  (b)  In addition to the qualifications described by subsection (a) of this
section, a qualified handgun instructor must be qualified to instruct per-
sons in:
  (1)  The laws that relate to weapons and to the use of deadly force;
  (2)  handgun use, proficiency and safety;
  (3)  nonviolent dispute resolution; and
  (4)  proper storage practices for handguns, including storage practices
that eliminate the possibility of accidental injury to a child.
  (c)  The bureau shall provide training to an individual who applies for
certification as a qualified handgun instructor. An applicant shall pay a
fee of $100 to the bureau for the training. An applicant must take and
successfully complete the training offered by the bureau and pay the
training fee before the bureau may certify the applicant as a qualified
handgun instructor. The bureau shall waive the requirements regarding
a handgun proficiency certification under section 17 of this act for an
applicant for a license to carry a concealed handgun who takes and suc-
cessfully completes training under this subsection and pays the training
fee. The bureau by rule and regulation may prorate or waive the training
fee for an employee of another governmental entity.
  (d)  The certification of a qualified handgun instructor expires on the
second anniversary after the date of certification. To renew a certification,
the qualified handgun instructor must pay a fee of $100 and take and
successfully complete the retraining courses required by rule and regu-
lation of the bureau.
  (e)  After certification, a qualified handgun instructor may conduct
training for applicants for a license under this act.
  (f)  If the bureau determines that a reason exists to revoke, suspend
or deny a license to carry a concealed handgun with respect to a person
who is a qualified handgun instructor or an applicant for certification as
a qualified handgun instructor, the bureau shall take that action against
the person's certification as a qualified handgun instructor regardless of
whether the person has a license issued under this act to carry a concealed
handgun.
  New Sec. 19.  The procedures for the review of a denial, revocation
or suspension of a license under section 7 of this act apply to the review
of a denial, revocation or suspension of certification as a qualified hand-
gun instructor. The notice provisions of this act relating to denial, revo-
cation or suspension of handgun licenses apply to the proposed denial,
revocation or suspension of a certification of a qualified handgun instruc-
tor or applicant therefor.
  New Sec. 20.  The bureau shall disclose to a criminal justice agency
information contained in its files and records regarding whether a named
individual or any individual named in a specified list is licensed under this
act. The bureau shall, on written request and payment of a reasonable
fee to cover costs of copying, disclose to any other individual whether a
named individual or any individual whose full name is listed on a specified
written list is licensed under this act. Information on an individual subject
to disclosure under this section includes the individual's name, date of
birth, gender, race and zip code. Except as otherwise provided by this
section and by section 21 of this act, all other records maintained under
this act are confidential and are not subject to mandatory disclosure under
the open records act, K.S.A. 45-215 et seq. and amendments thereto ex-
cept that the applicant or license holder may be furnished a copy of such
disposable records on request and the payment of a reasonable fee. The
bureau shall notify a license holder of any request that is made for infor-
mation relating to the license holder under this section and provide the
name of the person or agency making the request. Nothing in this section
shall prevent the bureau from making public and distributing to the public
at no cost lists of individuals who are certified as qualified handgun in-
structors by the bureau.
  New Sec. 21.  The bureau shall make available, on request and pay-
ment of a reasonable fee to cover costs of copying, a statistical report that
includes the number of licenses issued, denied, revoked or suspended by
the bureau during the preceding month, listed by age, gender, race and
zip code of the applicant or license holder.
  New Sec. 22.  The director shall adopt rules and regulations to ad-
minister this act.
  New Sec. 23.  The bureau shall remit all fees collected under this act
to the state treasurer at least monthly. Upon receipt of each such remit-
tance, the state treasurer shall deposit the entire amount in the state
treasury to the credit of the concealed handgun license account of the
KBI general fees fund, which is hereby created. All moneys credited to
the concealed handgun license account shall be expended only for the
purpose of paying the costs of the bureau in implementing and admin-
istering this act. Prior to June 30 of each year, the director shall certify
to the director of accounts and reports the amount in the concealed hand-
gun license account of the KBI general fees fund that is not required for
the ensuing fiscal year, as determined by the director. At the end of each
fiscal year, the director of accounts and reports shall transfer the amount
certified by the director from the concealed handgun license account of
the KBI general fees fund to the crime victims compensation fund of the
crime victims compensation board within the office of the attorney gen-
eral.
  New Sec. 24.  (a) For the purpose of a notice required by this act,
the bureau may assume that the address currently reported to the bureau
by the applicant or license holder is the correct address.
  (b)  A written notice meets the requirements under this act if the
notice is sent by certified mail to the current address reported by the
applicant or license holder to the bureau.
  (c)  If a notice is returned to the bureau because the notice is not
deliverable, the bureau may give notice by publication once in a news-
paper of general interest in the county of the applicant's or license hold-
er's last reported address. On the 31st day after the date the notice is
published, the bureau may take the action proposed in the notice.
  New Sec. 25.  A person may pay a fee required by this article only by
cashier's check, money order made payable to the Kansas bureau of in-
vestigation or any other method approved by the bureau. A fee received
by the bureau under this act is nonrefundable.
  New Sec. 26.  (a) The issuance of a license under this act is a benefit
to the license holder for purposes of the Kansas criminal code.
  (b)  For the purposes of this section, ``benefit'' means anything rea-
sonably regarded as economic gain or advantage, including benefit to any
other person in whose welfare the licensee is interested.
  New Sec. 27.  (a) Upon written approval of the director, the bureau
may issue to a law enforcement officer an alias license to carry a concealed
handgun to be used in supervised activities involving criminal investiga-
tions.
  (b)  It is a defense to prosecution under section 37 and amendments
thereto that the actor, at the time of the commission of the offense, was
the holder of an alias license issued under this section.
  New Sec. 28.  (a) A person who is licensed as a law enforcement
officer under K.S.A. 74-5607a and amendments thereto and who has been
employed full-time as a law enforcement officer by a law enforcement
agency may apply for a license under this act upon retirement. The ap-
plication must be made not later than the first anniversary after the date
of retirement.
  (b)  The person shall submit two complete sets of legible and classi-
fiable fingerprints and a sworn statement from the head of the law en-
forcement agency employing the applicant. The statement shall include:
  (1)  The name and rank of the applicant;
  (2)  the status of the applicant before retirement;
  (3)  whether or not the applicant was accused of misconduct at the
time of the retirement;
  (4)  the physical and mental condition of the applicant;
  (5)  the type of weapons the applicant had demonstrated proficiency
with during the last year of employment;
  (6)  whether the applicant would be eligible for reemployment with
the agency, and if not, the reasons the applicant is not eligible; and
  (7)  a recommendation from the agency head regarding the issuance
of a license under this act.
  (c)  The bureau may issue a license under this act to an applicant
under this section if the applicant is honorably retired and physically and
emotionally fit to possess a handgun. In this subsection, ``honorably re-
tired'' means the applicant:
  (1)  Did not retire in lieu of any disciplinary action;
  (2)  was employed as a full-time peace officer for not less than 10
years by one agency; and
  (3)  is entitled to receive a pension or annuity for service as a law
enforcement officer.
  (d)  An applicant under this section shall pay a fee of $25 for a license
issued under this act.
  (e)  A retired law enforcement officer who obtains a license under this
act must maintain, for the category of weapon licensed, the proficiency
required for a law enforcement officer under K.A.R. 107-1-5 and amend-
ments thereto. The bureau or a local law enforcement agency shall allow
a retired peace officer of the bureau or agency an opportunity to annually
demonstrate the required proficiency. The proficiency shall be reported
to the bureau upon application and renewal.
  (f)  A license issued under this section expires as provided by section
9 of this act.
  (g)  A retired criminal investigator of the United States who is desig-
nated as a ``special agent'' is eligible for a license under this section. An
applicant described by this subsection may submit the application at any
time after retirement. The applicant shall submit with the application
proper proof of retired status by presenting the following documents pre-
pared by the agency from which the applicant retired:
  (1)  Retirement credentials; and
  (2)  a letter from the agency head stating the applicant retired in good
standing.
  New Sec. 29.  This article does not exempt a license holder who is
also employed as a private detective or security officer and licensed under
the K.S.A. 75-7601 and amendments thereto from the duty to comply
with that act or K.S.A. 21-4201 et seq. and amendments thereto.
  New Sec. 30.  (a) In this section:
  (1)  ``Active judicial officer'' means a person serving as a judge or jus-
tice of the supreme court, a court of appeals, a district court or a municipal
court.
  (2)  ``Retired judicial officers'' means a retired judge within the mean-
ing of K.S.A. 20-2601, 20-2616 and 20-2620 and amendments thereto.
  (b)  Notwithstanding any other provision of this act, the bureau shall
issue a license under this act to an active or retired judicial officer who
meets the requirements of this section.
  (c)  An active judicial officer is eligible for a license to carry a con-
cealed handgun under the authority of this article. A retired judicial of-
ficer is eligible for a license to carry a concealed handgun under the
authority of this article if the officer:
  (1)  Has not been convicted of a felony;
  (2)  has not, in the five years preceding the date of application, been
convicted of a class A or class B misdemeanor;
  (3)  is not charged with the commission of a class A or class B mis-
demeanor or of a felony under an information or indictment;
  (4)  is not a chemically dependent person; and
  (5)  is not a person of unsound mind.
  (d)  An applicant for a license who is an active or retired judicial officer
must submit to the bureau:
  (1)  A completed application on a form prescribed by the bureau;
  (2)  two recent color passport photographs of the applicant;
  (3)  a handgun proficiency certificate issued to the applicant as evi-
dence that the applicant successfully completed the proficiency require-
ments of this act;
  (4)  a nonrefundable application and license fee set by the bureau in
an amount reasonably designed to cover the administrative costs associ-
ated with issuance of a license to carry a concealed handgun under this
act; and
  (5)  if the applicant is a retired judicial officer:
  (A)  Two complete sets of legible and classifiable fingerprints of the
applicant taken by a person employed by a law enforcement agency who
is appropriately trained in recording fingerprints; and
  (B)  a form executed by the applicant that authorizes the bureau to
make an inquiry into any noncriminal history records that are necessary
to determine the applicant's eligibility for a license under this act.
  (e)  Upon receipt of all the application materials required by this sec-
tion, the bureau shall:
  (1)  If the applicant is an active judicial officer, issue a license to carry
a concealed handgun under the authority of this act; or
  (2)  if the applicant is a retired judicial officer, conduct an appropriate
background investigation to determine the applicant's eligibility for the
license and, if the applicant is eligible, issue a license to carry a concealed
handgun under the authority of this act.
  (f)  Except as otherwise provided by this subsection, an applicant for
a license under this section must satisfy the handgun proficiency require-
ments of section 16 of this act. The classroom instruction part of the
proficiency course for an active judicial officer is not subject to a mini-
mum hour requirement. The instruction must include instruction only
on:
  (1)  Handgun use, proficiency and safety; and
  (2)  proper storage practices for handguns with an emphasis on stor-
age practices that eliminate the possibility of accidental injury to a child.
  (g)  A license issued under this section expires as provided by section
9 of this act and, except as otherwise provided by this subsection, may be
renewed in accordance with section 11 of this act. An active judicial officer
is not required to attend the classroom instruction part of the continuing
education proficiency course to renew a license.
  (h)  The bureau shall issue a license to carry a concealed handgun
under the authority of this act to an elected attorney representing the
state in the prosecution of felony cases who meets the requirements of
this section for an active judicial officer. The bureau shall waive any fee
required for the issuance of an original, duplicate or renewed license
under this act for an applicant who is an attorney elected or employed to
represent the state in the prosecution of felony cases.
  New Sec. 31.  (a) A business that has a permit or license issued under
subsection 5 of K.S.A. 41-308b and amendments thereto and article 26
of the Kansas liquor control act, K.S.A. 41-101 et seq. and amendments
thereto and that derives 51% or more of its income from the sale of
alcoholic beverages for on-premises consumption shall prominently dis-
play at each entrance to the business premises a sign that complies with
the requirements of subsection (c) of this section.
  (b)  A hospital licensed under K.S.A. 65-425 et seq. and amendments
thereto or a nursing home licensed under K.S.A. 65-3501 et seq. and
amendments thereto shall prominently display at each entrance to the
hospital or nursing home, as appropriate, a sign that complies with the
requirements of subsection (c) of this section.
  (c)  The sign required under subsections (a) and (b) of this section
must give notice in both English and Spanish that it is unlawful to carry
a handgun on the premises. The sign must appear in contrasting colors
with block letters at least one inch in height and shall be displayed in a
conspicuous manner clearly visible to the public.
  New Sec. 32.  This act does not prevent or otherwise limit the right
of a public or private employer to prohibit persons who are licensed under
this act from carrying a concealed handgun on the premises of the busi-
ness.
  New Sec. 33.  (a) Notwithstanding any other provision of this act, the
bureau shall reduce by 50% any fee required for the issuance of an orig-
inal, duplicate, modified or renewed license under this act if the bureau
determines that the applicant is indigent.
  (b)  The bureau shall require an applicant requesting a reduction of
a fee to submit proof of indigency with the application materials.
  (c)  For purposes of this section, an applicant is indigent if the appli-
cant's income is not more than 100 percent of the applicable income level
established by the federal poverty guidelines.
  New Sec. 34.  Notwithstanding any other provision of this act, the
bureau shall reduce by 50% any fee required for the issuance of an orig-
inal, duplicate or modified license under this act if the applicant for the
license is 60 years of age or older.
  New Sec. 35.  On application by a person who has a valid license to
carry a concealed handgun issued by another state, the bureau may issue
to the person a license under this act without requiring that the person
meet eligibility requirements or pay fees otherwise imposed under this
act, but only if the bureau determines that:
  (1)  The eligibility requirements imposed by the other state are at least
as rigorous as the requirements imposed by this act; and
  (2)  the other state provides reciprocal licensing privileges to a person
who holds a license issued under this act and applies for a license in the
other state.
  New Sec. 36.  A law enforcement officer who is acting in the lawful
discharge of the officer's official duties is authorized to disarm a license
holder at any time when the law enforcement officer reasonably believes
it is necessary for the protection of the license holder, law enforcement
officer or other individuals. The law enforcement officer shall return the
handgun to the license holder before discharging the license holder from
the scene when the law enforcement officer has determined that the
license holder is not a threat to the law enforcement officer, license holder
or other individuals, and providing that the license holder has not violated
any provision of this act, or has not committed any other violation that
results in the arrest of the license holder.
  New Sec. 37.  (a) A license holder commits an offense if the license
holder carries a handgun on or about the license holder's person under
the authority of sections 1 through 36 and intentionally fails to conceal
the handgun.
  (b)  A license holder commits an offense if the license holder inten-
tionally, knowingly or recklessly carries a handgun under the authority of
sections 1 through 36 regardless of whether the handgun is concealed,
on or about the license holder's person:
  (1)  On the premises of a business that has a permit or license issued
under subsection 5 of K.S.A. 41-308b and amendments thereto and article
26 of the Kansas liquor control act, K.S.A. 41-101 et seq. and amendments
thereto if the business derives 51% or more of its income from the sale
of alcoholic beverages for on-premises consumption;
  (2)  on the premises where a high school, collegiate or professional
sporting event or interscholastic event is taking place, unless the license
holder is a participant in the event and a handgun is used in the event;
  (3)  on the premises of a correctional facility;
  (4)  on the premises of a hospital licensed under K.S.A. 65-425 et seq.
and amendments thereto or on the premises of a nursing home licensed
under K.S.A. 65-3501 et seq. and amendments thereto unless the license
holder has written authorization of the hospital or nursing home admin-
istration, as appropriate;
  (5)  in an amusement park; or
  (6)  on the premises of a church, synagogue or other established place
of religious worship.
  (c)  A license holder commits an offense if the license holder inten-
tionally, knowingly or recklessly carries a handgun under the authority of
sections 1 through 36, regardless of whether the handgun is concealed,
at any meeting of a governmental entity.
  (d)  A license holder commits an offense if, while intoxicated, the li-
cense holder carries a handgun under the authority of sections 1 through
36 regardless of whether the handgun is concealed.
  (e)  A license holder who is licensed as a private detective or security
officer under K.S.A. 75-7601 and amendments thereto and employed as
a private detective or security officer commits an offense if, while in the
course and scope of the private detective or security officer's employ-
ment, the private detective or security officer violates a provision of this
act, and amendments thereto.
  (f)  In this section:
  (1)  ``Amusement park'' means a permanent indoor or outdoor facility
or park where amusement rides are available for use by the public, located
in a county with a population of more that one million, encompasses at
least 75 acres in surface area, is enclosed with access only through con-
trolled entries, is open for operation more than 120 days in each calendar
year and has security guards on the premises at all times. The term does
not include any public or private driveway, street, sidewalk or walkway,
parking lot, parking garage or other parking area.
  (2)  ``License holder'' means a person licensed to carry a handgun
under sections 1 through 36, and amendments thereto.
  (3)  ``Premises'' means a building or a portion of a building. The term
does not include any public or private driveway, street, sidewalk or walk-
way, parking lot, parking garage or other parking area.
  (g)  An offense under subsection (a), (b), (c), (d) or (e) is a class A
misdemeanor, unless the offense is committed under subsection (b)(1)
or (b)(3), in which event the offense is a felony of the third degree.
  (h)  It is a defense to prosecution under subsection (a) that the actor,
at the time of the commission of the offense, displayed the handgun under
circumstances in which the actor would have been justified in the use of
deadly force under K.S.A. 21-3211 and amendments thereto.
  Section 38.  K.S.A. 1996 Supp. 21-4201 is hereby amended to read
as follows: 21-4201. (a) Criminal use of weapons is knowingly:
  (1)  Selling, manufacturing, purchasing, possessing or carrying any
bludgeon, sandclub, metal knuckles or throwing star, or any knife, com-
monly referred to as a switchblade, which has a blade that opens auto-
matically by hand pressure applied to a button, spring or other device in
the handle of the knife, or any knife having a blade that opens or falls or
is ejected into position by the force of gravity or by an outward, downward
or centrifugal thrust or movement;
  (2)  carrying concealed on one's person, or possessing with intent to
use the same unlawfully against another, a dagger, dirk, billy, blackjack,
slung shot, dangerous knife, straightedged razor, stiletto or any other dan-
gerous or deadly weapon or instrument of like character, except that an
ordinary pocket knife with no blade more than four inches in length shall
not be construed to be a dangerous knife, or a dangerous or deadly
weapon or instrument;
  (3)  carrying on one's person or in any land, water or air vehicle, with
intent to use the same unlawfully, a tear gas or smoke bomb or projector
or any object containing a noxious liquid, gas or substance;
  (4)  carrying any pistol, revolver or other firearm concealed on one's
person except when on the person's land or in the person's abode or fixed
place of business;
  (5)  setting a spring gun;
  (6)  possessing any device or attachment of any kind designed, used
or intended for use in silencing the report of any firearm;
  (7)  selling, manufacturing, purchasing, possessing or carrying a shot-
gun with a barrel less than 18 inches in length or any other firearm de-
signed to discharge or capable of discharging automatically more than
once by a single function of the trigger;
  (8)  possessing, manufacturing, causing to be manufactured, selling,
offering for sale, lending, purchasing or giving away any cartridge which
can be fired by a handgun and which has a plastic coated bullet that has
a core of less than 60% lead by weight; or
  (9)  possessing or transporting any incendiary or explosive material,
liquid, solid or mixture, equipped with a fuse, wick or any other detonat-
ing device, commonly known as a molotov cocktail or a pipe bomb.
  (b)  subsections (a)(1), (2), (3), (4) and (7) shall not apply to or affect
any of the following:
  (1)  Law enforcement officers, or any person summoned by any such
officers to assist in making arrests or preserving the peace while actually
engaged in assisting such officer;
  (2)  wardens, superintendents, directors, security personnel and keep-
ers of prisons, penitentiaries, jails and other institutions for the detention
of persons accused or convicted of crime, while acting within the scope
of their authority;
  (3)  members of the armed services or reserve forces of the United
States or the Kansas national guard while in the performance of their
official duty; or
  (4)  manufacture of, transportation to, or sale of weapons to a person
authorized under subsections (b)(1), (2) and (3) to possess such weapons.
  (c)  subsection (a)(4) shall not apply to or affect the following:
  (1)  Watchmen, while actually engaged in the performance of the du-
ties of their employment;
  (2)  licensed hunters or fishermen, while engaged in hunting or fish-
ing;
  (3)  private detectives licensed by the state to carry the firearm in-
volved, while actually engaged in the duties of their employment;
  (4)  detectives or special agents regularly employed by railroad com-
panies or other corporations to perform full-time security or investigative
service, while actually engaged in the duties of their employment;
  (5)  the state fire marshal, the state fire marshal's deputies or any
member of a fire bureau authorized to carry a firearm pursuant to K.S.A.
31-157 and amendments thereto, while engaged in an investigation in
which such fire marshal, deputy or member is authorized to carry a fire-
arm pursuant to K.S.A. 31-157 and amendments thereto; or
  (6)  special deputy sheriffs described in K.S.A. 1996 Supp. 19-827 and
amendments thereto who have satisfactorily completed the basic course
of instruction required for permanent appointment as a part-time law
enforcement officer under K.S.A. 74-5607a and amendments thereto.
  (d)  subsections (a)(1), (6) and (7) shall not apply to any person who
sells, purchases, possesses or carries a firearm, device or attachment
which has been rendered unserviceable by steel weld in the chamber and
marriage weld of the barrel to the receiver and which has been registered
in the national firearms registration and transfer record in compliance
with 26 U.S.C. 5841 et seq. in the name of such person and, if such person
transfers such firearm, device or attachment to another person, has been
so registered in the transferee's name by the transferor.
  (e)  subsection (a)(8) shall not apply to a governmental laboratory or
solid plastic bullets.
  (f)  Subsection (a)(4) shall not apply to any person carrying a con-
cealed weapon as authorized by sections 1 through 36.
  (g)  It shall be a defense that the defendant is within an exemption.
  (g) (h)  Violation of subsections (a)(1) through (a)(5) or subsection
  (a)(9) is a class A nonperson misdemeanor. Violation of subsection (a)(6),
  (a)(7) or (a)(8) is a severity level 9, nonperson felony.
  (h) (i)  As used in this section, ``throwing star'' means any instrument,
without handles, consisting of a metal plate having three or more radiating
points with one or more sharp edges and designed in the shape of a
polygon, trefoil, cross, star, diamond or other geometric shape, manufac-
tured for use as a weapon for throwing.
  Sec. 39.  K.S.A. 1996 Supp. 21-4201 is hereby repealed.
  Sec. 40.  This act shall take effect and be in force from and after its
publication in the statute book.