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Session of 2000
          HOUSE BILL No. 2654           By Representatives Huff and Ruff           1-19          

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10             AN  ACT concerning private investigators; relating to firearms; amending
11             K.S.A. 1999 Supp. 75-7b17 and repealing the existing section.
12      
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. K.S.A. 1999 Supp. 75-7b17 is hereby amended to read as
15       follows: 75-7b17. (a) No licensee may carry a firearm concealed on or
16       about the licensee's person unless the licensee obtains a permit therefor,
17       upon application to the attorney general. No permit shall be issued to any
18       licensee unless such licensee:
19             (1) Demonstrates to the attorney general the need to carry a firearm
20       in order to protect the licensee's life or property or to protect the life or
21       property of a client of licensee and submits such proof as required by the
22       attorney general to establish the necessity for the issuance of a firearm
23       permit; and
24             (2) except as provided by section 2, and amendments thereto, has
25       received training in the handling of firearms and the lawful use of force
26       from a trainer certified pursuant to K.S.A. 75-7b21, and amendments
27       thereto, and submits such proof as required by the attorney general to
28       show satisfactory completion of such training.
29             (b) An application for a firearm permit which will be effective on and
30       after January 1, 1999, by a licensee shall be made in the manner and form
31       prescribed by the attorney general and shall be accompanied by a fee in
32       an amount fixed by the attorney general pursuant to K.S.A. 1999 Supp.
33       75-7b22, and amendments thereto. The application fee for a firearm per-
34       mit issued during calendar year 1998, shall not exceed $10. Such appli-
35       cation shall be made a part of and supplemental to such licensee's appli-
36       cation for a license under this act. The application shall contain:
37             (1) The applicant's name and business and residence addresses;
38             (2) the make or manufacturer's name, model, serial number, caliber,
39       gauge and any other identifying information concerning the firearm or
40       firearms to be carried by the applicant;
41             (3) a full set of the applicant's fingerprints;
42             (4) a color photograph of the applicant taken within 30 days prior to
43       date of application and suitable for identification purposes;

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  1             (5) such other information as deemed necessary by the attorney
  2       general.
  3             (c)  (1) If the attorney general is satisfied that it is necessary for an
  4       applicant under this section to carry a firearm, the attorney general shall
  5       issue to such licensee a firearm permit identification card, the form of
  6       which shall be approved by the attorney general. Such card shall bear the
  7       licensee's color photograph, thumb prints and signature and a description
  8       of the firearm or firearms to be carried. The licensee shall have such
  9       permit in the licensee's possession when carrying a firearm. Identification
10       cards and firearm permits shall be numbered consecutively, and the at-
11       torney general shall maintain a current file of all valid firearm permits.
12             (2) For the purpose of safety and emergency identification, licensees
13       issued a firearm permit under this act to carry a concealed firearm may
14       carry a firearm permit badge. The badge shall be carried in such a manner
15       that at all times when the badge is visible the private detective's firearm
16       permit identification card issued pursuant to paragraph (1) of this sub-
17       section also shall be visible. The attorney general shall determine the size,
18       design and other specifications of the badge. The words "licensed private
19       detective" shall be stated clearly on the face of the badge. The cost of
20       the badge shall be borne by the licensee. Whenever any licensee termi-
21       nates such licensee's activities as a private detective, or such licensee's
22       license has been suspended or revoked, such badge shall be surrendered
23       within five days following such termination, suspension or revocation to
24       the attorney general for cancellation. Every licensee possessing a valid
25       firearm permit badge shall report to the attorney general any loss of the
26       badge within 72 hours of the discovery of the loss.
27             (d) Any licensee granted a firearm permit shall present the permit
28       identification card and firearm permit badge upon request by a law en-
29       forcement officer acting within the officer's jurisdictional authority, or by
30       a private person upon private property if the person owns or has legal
31       control of the private property, to demonstrate the licensee's permit to
32       carry a firearm. Every licensee possessing a valid firearm permit shall
33       report to the attorney general any change of employment status, change
34       of firearm or firearms to be carried, loss of identification card or change
35       of personal or business address. Every licensee who discharges a firearm
36       for any reason other than test firing, firearm training or target practice
37       shall report the discharge to the attorney general within 24 hours, to-
38       gether with a written report giving full particulars and reason for such
39       discharge.
40             (e) The attorney general shall revoke any firearm permit if the li-
41       censee's private detective license has been suspended or revoked. The
42       attorney general may suspend or revoke any firearm permit if the licensee
43       has used a firearm in a manner inconsistent with the lawful use of force

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  1       or if the licensee can no longer demonstrate a need to carry a firearm,
  2       pursuant to subsection (a)(1). An order of suspension or revocation, and
  3       hearing thereon, shall be subject to the provisions of the Kansas admin-
  4       istrative procedure act. The attorney general shall recall any suspended
  5       or revoked firearm permit identification card.
  6             (f) A licensee to whom a firearm permit is granted under this section
  7       shall be deemed to have no greater justification in the use of force than
  8       a private person as prescribed by the Kansas criminal code. Nothing in
  9       this act shall be construed as limiting the civil liability of any such licensee
10       with respect to the use of force.
11             (g) No firearm permit shall be issued to any:
12             (1) Organization;
13             (2) individual who has been declared, by any court of competent ju-
14       risdiction, to be incapacitated or mentally ill and has not been restored
15       to capacity or mental health; or
16             (3) individual who suffers from alcohol or narcotics addiction or
17       dependence.
18             (h) A firearm permit issued under this act shall expire on December
19       31 of the year of its issuance, except that on and after January 1, 1999, a
20       firearm permit issued under this act shall expire on December 31 of the
21       year following the year when issued. Renewal of any such firearm permit
22       shall be made in a form and manner prescribed by the attorney general
23       and subject to such conditions as required by rules and regulations
24       adopted by the attorney general. Renewal of a firearm permit shall be
25       based on a demonstrated continuing need to carry a firearm in accordance
26       with subsection (a)(1).
27             New Sec.  2. (a) Subject to the provisions of subsection (b), any re-
28       tired police officer or retired law enforcement officer who has satisfac-
29       torily completed the firearm training requirements of the law enforce-
30       ment agency from which such officer has retired shall not be required to
31       comply with the training requirements relating to the handling of firearms
32       and the lawful use of force required by K.S.A. 75-7b17, and amendments
33       thereto.
34             (b) The exception granted pursuant to subsection (a) shall apply only
35       if:
36             (1) The retired police officer or law enforcement officer submits an
37       application for a firearm permit within 24 months from the date of the
38       successful completion of the firearm training requirements of the law
39       enforcement agency from which such officer has retired; and
40             (2) submits proof as required by the attorney general to show satis-
41       factory completion of the training described in subsection (a).
42             (c) At the time of renewal of any firearm permit, a retired police
43       officer or law enforcement officer shall be subject to the training require-

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  1       ments relating to the handling of firearms and the lawful use of force
  2       required by K.S.A. 75-7b17, and amendments thereto.
  3             (d) As used in this section, police officer or law enforcement officer
  4       shall have the meaning described thereto by K.S.A. 74-5602, and amend-
  5       ments thereto. 
  6       Sec.  3. K.S.A. 1999 Supp. 75-7b17 is hereby repealed.
  7        Sec.  4. This act shall take effect and be in force from and after its
  8       publication in the statute book.