Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.
Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.
State laws that control and regulate firearms can vary greatly. Legislators must respond to constituent concerns about gun violence and gun rights. The response in Kansas reflects a strong desire to infringe on the right to bear arms minimally. In contrast, neighboring Colorado imposes more restrictions on firearms to protect the public. Each state must strike a balance of competing interests.
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The right to bear arms appears in the U.S. Constitution’s Second Amendment and several state constitutions. In recent years, the U.S. Supreme Court has affirmed that it is an individual right to arm oneself for self-defense and other lawful purposes. As a result, gun law and regulation challenges gain greater court scrutiny.
State residents are subject to federal and state laws that regulate firearms. The federal government regulates interstate commerce in firearms, requires registration of certain weapons like machine guns, and manages a licensing program for federal firearms dealers.
Federal law also bans possession of firearms by certain people, including felons, those using illegal drugs, those convicted of misdemeanor domestic violence, and others. The National Instant Criminal Background Check System (NICS) is a federal program that helps state and local law enforcement identify those who can’t have a firearm under federal law.
Kansas did not enact a concealed handgun permit law until 2007 when it passed the Personal and Family Protection Act. Applicants for a concealed carry permit had to meet eligibility criteria and pass a criminal background check before the state issued a permit.
In 2015, the state adopted a permitless carry law. Under permitless carry, any gun owner who is 21 or older may carry a concealed firearm on or about their person without a permit. They must be law-abiding and cannot fall into a prohibited category. The office of the Kansas Attorney General still issues handgun permits so residents can qualify for reciprocity with other states.
As with other states, Kansas law allows banning firearms in certain locations. The public may not bring firearms into the capitol buildings in Topeka, the governor’s home or grounds, any county courthouse (unless local authorities permit), or any state-owned or leased buildings with conspicuous signs saying guns are prohibited. But those who follow Kansas concealed carry law (permitted or permitless) may still have firearms in these areas. The lawful carrying of a concealed handgun can happen in most public access areas of state or municipal buildings.
The exception is where the government has placed adequate security measures, such as armed guards and metal detectors, at all public entrances. State law says that the government can ban anyone from carrying firearms in secure areas of a law enforcement agency, a correctional facility, a jail, or a courtroom (where they take adequate security measures). Firearms bans may also stand against anyone in certain other public buildings, including public-owned medical care facilities, indigent health care clinics, adult care homes, and community mental health centers.
Critics contend that Kansas gun control laws are too lax. Kansas doesn’t have certain safeguards that other states have in place. For example, it doesn’t require those engaging in private gun sales to get a criminal background check for the buyer. The state does not require gun owners to register their firearms or report lost or stolen guns. It also doesn’t regulate assault weapons or transportation of firearms in motor vehicles.
Kansas Statutes Annotated (K.S.A.), Chapter 21, Crimes and Punishments: Kansas Criminal Code, Article 63, Crimes Against Public Safety
- Section 21–6301 — Criminal use of weapons
- Section 21–6302 — Criminal carrying of a weapon
- Section 21–6303 — Criminal distribution of firearms to a felon
- Section 21–6304 — Criminal possession of a firearm by a convicted felon
- Section 21–6305 — Aggravated weapons violation by a convicted felon
- Section 21–6306 — Defacing identification marks of a firearm
- Section 21–6309 — Unlawful possession of firearms on certain government property
- Section 21–6332 — Possession of firearm under the influence
K.S.A. Chapter 75, Article 7c, Firearms
- Section 75–7c03 — License to carry concealed handgun
- Section 75–7c04 — Disqualifications; handgun safety training course
- Section 75–7c10 — Restrictions on carrying concealed handgun
- Section 75–7c20 — Concealed handguns in public buildings
- Section 75–7c21 — Concealed handguns in the state capitol
Guns that Kansas bans include:
- Shotguns with barrels less than 18 inches long
- Automatic weapons
- Handgun cartridges with plastic-coated bullets with cores of less than 60% lead by weight
- Suppressors (silencers)
- Spring gun traps
- Firearms with barrels less than 12 inches long (prohibited for those under 18 years of age)
- Defaced firearms
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There is no statutory waiting period between purchasing and delivering a firearm in Kansas.
Several different groups can’t own guns in Kansas, including:
- Those addicted to, and unlawful users of, a controlled substance
- Mentally ill people subject to involuntary commitment to care and treatment
- Persons with alcohol or substance abuse problems that are subject to involuntary commitment for care and treatment
- A person convicted of a felony under state or federal law
- An alien illegally or unlawfully in the United States
- A person who is the subject of a domestic violence protective order
- A person convicted of a domestic violence misdemeanor offense in the past five years
- A fugitive from justice
No. Kansas does not require gun purchasers or owners to get a license.
No. Kansas is a permitless carry state. Any law-abiding citizen (21 or older) not prohibited from having firearms can carry a concealed handgun without a permit. Concealed handgun permits remain available. Keep in mind there are prohibited locations for firearms.
Open carry is allowed in Kansas. Keep in mind there are prohibited locations for firearms.
To qualify for a concealed carry license, you must:
- Be 21 years or older for the standard license or at least 18 years old for the provisional license
- Be a resident of Kansas
- Complete an 8-hour handgun safety and training course
- Not be prohibited from possessing a weapon under federal or Kansas law
- Submit your fingerprints
- Pass a criminal background check
It is illegal to have, sell, manufacture, or carry a machine gun unless you have registered it and complied with federal law.