Brief ⁽¹⁾

The bill would enact the Personal and Family Protection Act that would authorize the Kansas Bureau of Investigation (KBI), beginning in 2000, to issue four-year licenses to certain persons to carry concealed handguns. The bill establishes qualifications for licensure and procedures and fees for obtaining a license. The bill specifically would preempt local regulation of carrying concealed weapons.

The KBI would not have discretion regarding licensure. The only grounds for denial of a license application would be failure of the applicant to meet statutory criteria discussed below. The KBI would be required to issue or deny a license within 90 days (180 days between January 1, 2000 and July 1, 2000) of receiving the application, fee, and required documentation. The KBI would be authorized to adopt rules and regulations to administer the Act, but would not be authorized to engage in "subjective or arbitrary actions" or adopt rules and regulations that ". . . encumber the [license] issuing process by placing burdens on the applicant beyond those sworn statements and specified documents detailed . . ." in the Act.

In order to qualify for licensure a person would have to:

• be a U.S. citizen who is a resident of the county where application is filed, and for at least six months, a Kansas resident;



• be at least 21 years of age;



• be free from any physical infirmity that prevents safe handling of a weapon; and



• desire a legal means to carry a concealed weapon for lawful self-defense.

In addition, applicants for licensure would have to present evidence of completion of a "weapons safety and training course" approved by the KBI or the National Rifle Association (NRA). Applicants would have to pay for their training course.

The bill would disqualify anyone:

• who had ever been convicted, placed on diversion, or adjudicated for a felony (adult or juvenile) in any jurisdiction;



• who had been determined to be disabled under the Act for Obtaining a Guardian or Conservator unless the person was ordered restored to capacity three or more years before applying for a license;



• subject to a restraining order under the Protection from Abuse Act;



• who has been dishonorably discharged from military service; and



• who, during the five years immediately preceding the date of application, had been:

• a mentally ill person or involuntary patient, as defined in K.S.A. 1998 Supp. 59-2946;



• an alcoholic, as defined in K.S.A. 65-4003;



• a drug abuser, as defined in K.S.A. 65-5201;



• committed for abuse of a controlled substance;



• convicted, placed on diversion, or adjudicated (adult or juvenile) in any jurisdiction for a misdemeanor under the Uniform Controlled Substances Act;



• committed for abuse of alcohol;



• convicted or placed on diversion two or more times for driving under the influence of alcohol or drugs; or



• convicted, placed on diversion, or adjudicated (adult or juvenile) of a misdemeanor under Articles 34 (crimes against persons) and 35 (sex offenses) of Chapter 21 of Kansas law or a similar law in any jurisdiction.

The KBI would have access to expunged criminal records for purposes of determining a person's qualification for licensure.

Failure to notify the KBI within 30 days of a change of permanent address, or the loss or destruction of a license, could result in imposition of a maximum $100 fine, or a maximum 180-day license suspension.

Procedures and standards for the weapons safety and training course would be established in rules and regulations of the KBI. Those standards would have to include:

• a requirement that trainees receive training in the actual firing and safe storage of weapons and instruction in state laws regarding the carrying of concealed weapons and the use of deadly force;



• general guidelines for courses;



• qualifications of instructors; and



• a requirement that the course be a weapons course:



• certified or sponsored by the KBI or the NRA; or



• certified or sponsored by a law enforcement agency, college, private or public institution or organization, or weapons training school and taught by instructors certified by the KBI or the NRA.

The following would constitute evidence of satisfactory completion of an approved weapons safety and training course:

• a photocopy of a certificate of completion of the course;



• an affidavit from the instructor, school, club, organization or group that conducted or taught the course attesting to completion by the applicant; or



• a copy of any document which shows completion of the course.

Licensees could not carry concealed weapons into:

• a place in which a common nuisance activity is maintained (illegal gambling, promotion of obscenity, promotion of prostitution, and violations of drug, alcohol, and tobacco laws);



• a police, sheriff, or Highway Patrol station;



• a detention facility, prison, or jail;



• a courthouse;



• a polling place;



• a meeting of the governing body of a county, city, or other subdivision;



• a courtroom (unless the licensee is a judge or unless authorized by the judge);



• a meeting of the Legislature or a legislative committee;



• a school, community college, college, university, or professional athletic event not related to firearms;



• any portion of an establishment licensed to dispense alcoholic liquor or cereal malt beverage for consumption on the premises, which portion of the establishment is primarily devoted to such purpose;



• any elementary or secondary school, community college, college, or university facility; or



• any place where the carrying of firearms is prohibited by state or federal law.

A licensee carrying a concealed weapon while under the influence of alcohol or drugs, or both, would be guilty of a class A nonperson misdemeanor.

The bill would not prevent public or private employers or businesses open to the public from prohibiting licensees from carrying concealed weapons while on the premises of the business or while engaging in duties of employment. Businesses that are open to the public would have to post signs stating that carrying a concealed weapon on the premises is prohibited. No legal sanction would be imposed under this bill on persons who violate these prohibitions.

An application for a concealed weapon license would be completed under oath and submitted with the required fee to the sheriff of the county where the applicant resides. The initial license fee would be between $100 and $125. The license renewal fee would be $80 to $100. A late fee of $15 would apply to license renewals made up to six months after expiration of the license. The fee for replacement of a lost or destroyed license would be $15. Retired law enforcement officers would be exempt from fees and background investigations for the first year of retirement. Fees received by the KBI would have to be used for administration of the Act with any balance allocated to the County Law Enforcement Equipment Fund (20 percent) and the Forensic Laboratory and Materials Fee Fund (80 percent).

The sheriff would be required to forward to the KBI $100 of the original license fee, and $80 of the renewal fee. The cost of taking the applicant's fingerprints would be included in the portion of the fee kept by the sheriff. All fees retained by the sheriff would be deposited in the county general fund and budgeted for the use of the sheriff's department.

The sheriff accepting an application would be authorized, but not required, to submit within 45 days a report to the KBI of any "readily discoverable prior information" that the sheriff deems pertinent to the licensing of any applicant. The sheriff's report could be the sole basis for license denial. A sheriff who submits such a report would not incur any civil or criminal liability as a result of a good faith submission.

The KBI would be required to notify licensees in writing at least 90 days prior to license expiration. Licensees would apply for renewal by submitting to the sheriff the renewal fee, renewal form, affidavit stating that the licensee is qualified as required by the bill, a fingerprint card, a photograph, and evidence of completion of the required weapons safety and training course.

The KBI would be required to maintain an automated listing of license holders and "pertinent information." That information would have to be available, upon request, at all times to all law enforcement agencies in Kansas. By January 1, each year, the KBI would have to provide a statistical report to the Governor and Legislative leadership regarding the number of licenses issued, revoked, suspended, and denied during the preceding fiscal year.

Failure to carry the concealed weapons license and a valid driver's license or nondriver identification card when carrying a concealed weapon or failure to display both the license and proper identification upon demand by a law enforcement officer would be a class B nonperson misdemeanor.

A false answer to any question on the license application form or submission of any false document by the applicant would subject the applicant to prosecution for perjury. Perjury in this instance would be a level 9, nonperson felony.

Background

The introduced version of the bill was similar to bills considered by the 1995, 1996, and 1997 Legislatures. The bill is nearly identical to the House-passed version of 1997 H.B. 2159, which was amended by the Senate and ultimately vetoed by the Governor.

The Senate Committee amendments to H.B. 2240 are technical and clarifying.

The differences between this bill and the vetoed 1997 bill are that this bill does not contain:

• a requirement for licensee training every two years,



• a provision that violation of concealed carry law would result in action against a license if committed by a licensee and disqualify applicants for licensure for five years,



• a specific penalty for carrying a concealed weapon onto posted premises,



• a provision making it a crime to harass, threaten, or abuse someone for prohibiting concealed weapons or working where guns are prohibited,



• a provision which disqualifies a person from licensure if the person is in contempt of court in a child support proceeding.

In addition, the 1999 bill would permit involvement of the NRA in conduct of the training course and certification of course instructors. The 1999 bill also would prohibit carrying a concealed weapon into a legislative meeting or a meeting of the governing body of a subdivision of the state regardless of where the meeting is held.

A number of conferees testified on H.B. 2240.

Opponents included representatives of the following: Kansas Public Health Association; Wichita Police Department; Iola Police Chief; Kansas Association of Chiefs of Police; Overland Park Police Department; League of Kansas Municipalities; Safe State; Kansas Ecumenical Ministries; Kansas Peace Officers Association; Emporia Police Department; Douglas County Sheriff; League of Women Voters of Kansas; City of Topeka; National Association for the Advancement of Colored People; Kansas Safe Kids Coalition; Main Stream Coalition; Overland Park Chamber of Commerce; and Wyandotte County/Kansas City, Kansas.

Proponents included: Representative Candy Ruff; the Shawnee County Sheriff; a Detective Sergeant with the Olathe Police Department; various individuals; and representatives of the Kansas Second Amendment Society, Safety for Women and Responsible Motherhood, Topeka Fraternal Order of Police, the Douglas County Rifle and Pistol Club, and the Kansas Sportsman's Alliance.

The House Committee of the Whole amended a provision of the Sentencing Guidelines Act to provide that a judge, in determining aggravating or mitigating circumstances, shall consider whether a concealed weapon was used during the commission of a crime by a person holding a valid permit to carry a concealed weapon. The second amendment by the House Committee of the Whole prohibits a licensee from carrying a concealed weapon into any residence without the consent of the resident.

The fiscal note prepared by the Division of the Budget indicates that there is no measurable fiscal impact associated with the bill at this time. Once additional information is received, a revised fiscal note will be provided.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/bill_search.html.