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TOPEKA POLICE DEPARTMENT |
Number: LB
06-5 |
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LEGAL BULLETIN |
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SUBJECT: CONCEALED
CARRY QUESTIONS AND ANSWERS |
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STATUTE REFERENCES: KS Concealed Carry Law or KSS Personal and Family Protection Act; Senate Bill 418 and HB2118 |
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ISSUING AUTHORITY: John Knoll, City Attorney |
DATE ISSUED: |
Pursuant to Topeka Police Department General Order C04, I request you to issue the following Legal Bulletin regarding the referenced subject.
I have been asked to address several aspects of the Kansas Concealed Carry Law, also known as the Kansas Personal and Family Protection Act, (PFFA), 2006 Senate Bill 418 and 2006 HB 2118. This bulletin will attempt to address the questions I have received. Until the PFFA is published in the statutory supplements, incident and offense reports should cite to the sections of the 2006 Kansas Session Laws referenced below.
Who
Q. Can get a license?
A. A trained, U.S. citizen who is a resident of Kansas for at least six months in the county where the application is filed, and who is at least 21 years of age; is free from any physical infirmity that prevents safe handling of a weapon; and who desires a legal means to carry a concealed weapon for lawful self-defense.
Q. Is disqualified from getting a license?
A. Any person who:
$ has ever been convicted, placed on diversion, or adjudicated for a felony (adult or juvenile) in any jurisdiction;
$ has been charged with a crime which would render the applicant, if convicted, ineligible for a license or, if so charged, final disposition of the charge has occurred and no other charges are pending which would cause the applicant to be ineligible for a license
$ has been ordered by a court to receive treatment for mental illness pursuant to K.S.A. 59-2966, and amendments thereto, or for an alcohol or substance abuse problem pursuant to K.S.A. 59-29b66, and amendments thereto, or, if a court has ordered such treatment, has not been issued a certificate of restoration pursuant to section 12 [of HB 2118], and amendments thereto, not less than five years before the date of the application
$ who has not been, during the five years immediately preceding the date the application is submitted:
$ convicted, placed on diversion, or adjudicated (adult or juvenile) in any jurisdiction for a misdemeanor under the Uniform Controlled Substances Act;
$ convicted or placed on diversion, in this or any other jurisdiction, two or more times for an act that constitutes a violation of K.S.A. 8-1567 (DUI), and amendments thereto;
$ convicted or placed on diversion, in this or any other jurisdiction, for an act that constitutes a domestic violence misdemeanor under any municipal ordinance or article 34 (sex crimes) or 35 (crimes against persons) of chapter 21 of the Kansas Statutes Annotated or adjudicated, in this or any other jurisdiction, of committing as a juvenile an act that would be a domestic violence misdemeanor under article 34 or 35 of chapter 21 of the Kansas Statutes Annotated if committed by an adult;
$ convicted or placed on diversion, in this or any other jurisdiction, for an act that constitutes a violation of section 12 of 2006 Senate Bill No. 418, and amendments thereto (carrying a concealed weapon while under the influence of alcohol or drugs, or both), or a violation of subsection (a)(4) of K.S.A. 21-4201, and amendments thereto (carrying a concealed firearm without a permit), or adjudicated, in this or any other jurisdiction, of committing as a juvenile an act that would be a violation of section 12 of 2006 Senate Bill No. 418, and amendments thereto, or a violation of subsection (a)(4) of K.S.A. 21-4201, and amendments thereto, if committed by an adult;
$ has been adjudged a disabled person
under the act for obtaining a guardian or conservator, or both, or under a
similar law of another state or the
$ who is subject to a restraining order under the Protection from Abuse Act or the Protection from Stalking Act
$ who is in contempt of court in a child support proceeding;
$ who has been dishonorably discharged from military service;
Q. Actually issues the license?
A. If an applicant has been approved to obtain a Kansas Concealed Carry Handgun (CCH) license, the applicant will receive a letter from the Office of the Attorney General informing the applicant that he/she has been approved to obtain a license and directing the applicant to go to a Kansas Department of Revenue state driver’s license office in order to be photographed for the new CCH license card (or new Kansas driver’s license or non-driver’s ID card). The new CCH license (or Kansas DL or non-driver’s ID) will then be manufactured and mailed to the CCH licensee at the licensee’s home address.
What
Q. Does it cost to get a license?
A. $150.00 application fee (one check for $40 made payable to the local Sheriff’s Department; and one check for $110 made payable to Kansas Attorney General’s Office), plus the cost of any required training class, plus the cost of the actual license, $15.
Q. Kind of background check is performed on applicants?
A. A state and national fingerprint-based check.
Q. What are the training requirements for license holder?
A. Applicants must successfully complete an 8-hour training program approved by the Attorney General.
Q. Are the citizenship requirements?
A. All applicants must have been a citizen
of the State of
Q. Are the reciprocity requirements? If I have a license from another state, will
A. The Kansas Attorney General is to review
the laws of other states and make a determination on whether to grant
reciprocity to CCH licenses issued by other states. On and after January 1, 2007, the Attorney
General will publish a list of states whose CCH licenses will be recognized in
Kansas, however, if a person is a Kansas resident, he/she must have a Kansas
issued CCH in order to carry a concealed handgun in the State of Kansas. (
Q. Are the standards for determining reciprocity?
A. Concealed carry licenses issued by another state or the District of Columbia would be valid in the State of Kansas if the Attorney General determines that standards for issuance, in other states and the District, are equal to or greater than, standards for concealed carry in Kansas.
Q. Does the license look like?
A. Although no graphic of the license is
available at the time this bulletin is published, the license or license holder
will have the choice of either having a separate license card, or will be able
to have a CCH designation placed on his/her Kansas driver’s license or Kansas
non-driver’s identification card. If the
licensee opts for the separate CCH card, the card will appear very similar to a
Q. What, if anything, does a licensee have to tell a law enforcement officer upon contact with them?
A. IF THE LAW ENFORCEMENT OFFICER ASKS the licensee if he/she is a CCH license holder or ASKS IF THE LICENSEE IS CARRYING A FIREARM, the licensee must tell the officer whether the licensee is armed.
Q. Crimes are created by the PFFA?
A. Concealed carry by a licensee in a prohibited place, a Class A misdemeanor. L. 2006, ch. 210, § 7.
Concealed carry by a licensee in a prohibited workplace or while on the job, or on an appropriately posted property, a Class B misdemeanor. L. 2006, ch. 210, § 8.
Concealed carry by a licensee while under the influence of alcohol or drugs, or both, a Class A misdemeanor. L. 2006, ch. 210, § 9.
Q. City ordinance crimes are comparable to the crimes created by the PFFA.
A. None currently, but if the Topeka City Council adopts the 2006 Uniform Public Offense Code as proposed, there will be comparable city ordinance violations.
Q. Effect does the PFFA have on local ordinances that prohibit concealed or loaded weapons?
A. The PFFA preempts (overrules) local regulation of carrying concealed weapons. L. 2006, ch. 32, § 17.
Q. Provisions does the PFFA make for retired law enforcement officers?
A. Retired officers are exempt from the
training requirement if they were certified by the
Q. Does a license allow a licensee to carry? Are there any weapon or caliber restrictions?
A. There are no weapon or caliber restrictions as long as the firearm meets the definition of a "weapon" as used in the act, which is a "handgun, pistol or revolver."
Q. Kind of ammunition can a licensee carry?
A. The act does not impose any limitations on the type of ammunition.
Q. Should officers watch for as clues that someone may be carrying a concealed weapon?
A. While an extensive discussion of tactical considerations is beyond the scope of this bulletin, officers should watch for facial clues (such as conspicuously ignoring an officer, target glances [looking where the gun might be] or a 1000-yard stare); body language clues (touching or pressing the area where the gun is concealed with an elbow, arm or hand, holding a pocket or clothing where the gun is from the outside, pulling up pants or adjusting other clothing repeatedly which may be necessary because the weight of a gun is pulling the clothing down, dragging a foot slightly when walking [if a gun is being carried unholstered in the waistband, the subject may "favor" that side so as not to jostle the gun more than necessary – this can also indicate a gun stuffed into a boot], moving only one arm when walking [the arm that stays in place may be steadying a gun or trying to hide a tattletale bulge], and stiffly bowing the arm away from the body [to avoid banging into the gun while walking]. For more information, see Sgt. Robert Stasch's 2-part article "DETECTING CONCEALED FIREARMS" at http://www.calibrepress.com
When
Q. Do licenses begin issuing?
A.
Q. Does the applicant have to complete the required training?
A. Before they submit their application.
Q. Does a licensee have to carry their license with them?
A. All CCH licensees will be required to have their CCH license with them at any time they are actually carrying a firearm concealed. Failure to do so could result in the licensee having his/her CCH license suspended or revoked and could result in criminal charges.
Where
Q. Can license holders carry their firearms?
A. Any place where it is not prohibited. There are two types of prohibited places, statutory and by choice. Statutory prohibited places include: (1) Any place where an activity declared a common nuisance by K.S.A. 22-3901, and amendments thereto, is maintained; (2) any police, sheriff or highway patrol station; (3) any detention facility, prison or jail; (4) any courthouse; (5) any courtroom, except that nothing in this section would preclude a judge from carrying a concealed weapon or determining who will carry a concealed weapon in the judge’s courtroom; (6) any polling place on the day an election is held; (7) any meeting of the governing body of a county, city or other political or taxing subdivision of the state, or any committee or subcommittee thereof; (8) on the state fairgrounds; (9) any state office building; (10) any athletic event not related to or involving firearms which is sponsored by a private or public elementary or secondary school or any private or public institution of postsecondary education; (11) any professional athletic event not related to or involving firearms; (12) any portion of a drinking establishment as defined by K.S.A. 41-2601, and amendments thereto, except that this provision shall not apply to a restaurant as defined by K.S.A. 41-2601, and amendments thereto; (13) any elementary or secondary school attendance center, administrative office, services center or other facility; (14) any community college, college or university facility; (15) any place where the carrying of firearms is prohibited by federal or state law; (16) any child exchange and visitation center provided for in K.S.A. 75-720, and amendments thereto; (17) any community mental health center organized pursuant to K.S.A. 19-4001 et seq., and amendments thereto; mental health clinic organized pursuant to K.S.A. 65-211 et seq., and amendments thereto; psychiatric hospital licensed under K.S.A. 75-3307b, and amendments thereto; or state psychiatric hospital, as follows: Larned state hospital, Osawatomie state hospital or Rainbow mental health facility; (18) any city hall; (19) any public library operated by the state or by a political subdivision of the state; (20) any day care home or group day care home, as defined in Kansas administrative regulation 28-4-113, or any preschool or childcare center, as defined in Kansas administrative regulation 28-4-420; (21) any church or temple; or (22) any place in violation of K.S.A. 21-4218, and amendments thereto.
By choice
Any public or private employer or entity may choose to prohibit concealed firearms can do so by displaying this sign upon their door:
A licensee carrying a concealed weapon into such a place is guilty of a Class B misdemeanor. L. 2006, ch. 210, § 8.
Q. Does one apply for a concealed carry license?
A. At the sheriff’s office in the county where they live, but applications can be completed online at https://www.accesskansas.org/app/conceal_carry/ then printed and delivered to a local sheriff's office.
Q. Where does an applicant get the required training?
A. A list of the names of certified instructors (listed by county/city) may be found on the Attorney General’s website at http://www.accesskansas.org/ksag/Concealed_Weapon/CCH_Instructors_12_12_2006.pdf
Q. Can I go for more information?
A. http://www.ksconcealedcarry.com/
Why
Q. Why?
A. Because we like you.
How
Q. Long are licenses valid?
A. Ordinarily for a period of 4 years (provided the license is not suspended or revoked for some reason.)
Q. Much does the training class cost?
A. The cost will vary from trainer to trainer.
Q. Can a law enforcement officer verify a license holder's information?
A. The attorney general shall maintain an
automated listing of license holders and pertinent information, and such
information shall be available, upon request, at all times to all law
enforcement agencies in this state, other states and the
Q. Does the PFFA deal with license holders who become subject to a restraining order?
A. The sheriff of the county where a restraining order is issued shall notify the attorney general immediately upon receipt of such order. The attorney general shall immediately revoke the person's concealed carry license upon receipt of notice of the issuance of such order. L. 2006, ch. 210, § 5.
Q. Should officers treat people now that almost anyone could be carrying a concealed weapon?
A. With professionalism, courtesy and respect just like always, but ask early on in any encounter if a person is armed and whether they have a license. THEY DO NOT HAVE TO TELL YOU UNLESS YOU ASK.
Q. Does the PFFA affect active law enforcement officers who are off-duty? Can off-duty officers carry concealed into prohibited places?
A. Since law enforcement officers are already exempt from the concealed carry prohibition under K.S.A.21-4201(b)(1), the PFFA has no effect on their ability to carry concealed.
Q. Should an officer handle the call if a business that is posted has a violator on its premises.
A. The officer should make contact with the violator and ask if they are carrying a concealed weapon, and, if so, do they have a license to do so? If the violator is licensed, the officer should complete an offense report for the offense of concealed carry by a licensee in a prohibited workplace or while on the job, or on an appropriately posted property. L. 2006, ch. 210, § 8. The offense is a Class B misdemeanor so an offense report is required, but the suspect does not have to be arrested, nor do officers need to seize the suspect's firearm. There is currently no corresponding city ordinance proscribing the same conduct. Officers should not seize the person's concealed carry license. Any revocation or suspension of the license will be handled through an administrative proceeding pursuant to the Kansas Administrative Procedure Act.
Q. Does the licensee have to carry? Does the act require a holster or place any restrictions on how the gun is carried?
A. No specific manner or carrying is required or prohibited by the PFFA..
Please advise if you have any questions about this bulletin.
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