What is the difference between federal and state gun laws? Why do I need to understand both?
We use the terms “federal gun laws” and “local gun laws” interchangeably on these gun laws sections. The primary distinction between the two is who creates the rules, who prosecutes those who follow the rule, and whether the punishment is for violating the law.
The purpose it is necessary for you to remember that there are two types of firearms rules is so that you may properly defend yourself by understanding all of the different forms that the abuser might be violating the rule.
Throughout this part, we will primarily apply to state laws. Check out our Federal Gun Legislation pages to see how any federal laws extend to your case. You’ll need to read all state and federal statutes and figure out which ones, if any, the attacker is breaking.
If you contact the police and you think the abuser has broken a firearms rule, you may not have to be prepared to convince them which law was broken (state or federal), but local cops cannot apprehend anyone for breaking federal law, only state/local rules.
Only federal law enforcement, namely the Bureau of Alcohol, Tobacco, and Firearms (“ATF”), has the authority to prosecute anyone for breaking federal laws.
If local police suspect that a state law is being broken, they will apprehend the perpetrator and refer the case to the state prosecutor. If the local police suspect a federal statute is being broken, the agency can contact the ATF or the U.S. Attorney’s office in your jurisdiction (which is the federal prosecutor).
Go to Who should I tell if I believe the attacker does not have a pistol? for guidance about how to approach ATF specifically to report a breach of federal gun laws. If the abuser violates both state and federal rules, he or she can face prosecution in both state and federal courts.
What are Kansas Gun Laws?
Kansas gun laws govern the selling, ownership, and usage of guns and weapons in the United States state of Kansas.
Despite its comparatively liberal gun regulations, Kansas was one of the only states that did not permit concealed carry of firearms until March 2006, when the legislature enacted Senate Bill 418, “The Personal and Family Protection Act.” Kansas became the 47th state to allow concealed carry in any manner, and the 36th state to have a “shall matter” policy as a result of this measure.
The bill was approved 30–10 in the state senate and 91–33 in the state house of representatives, garnering enough support to circumvent Governor Kathleen Sebelius’s veto of several prior efforts to allow concealed carry.
On January 1, 2007, the Attorney General started issuing licenses to eligible applicants under the statute. Previously, Kansas only permitted unrestricted carry of handguns, unless banned by municipal ordinance.
Governor Kathleen Sebelius signed legislation authorizing the selling and storage of NFA arms on April 21, 2008. On July 1, 2008, the legislation went into force.
Governor Sam Brownback signed HB 2578, the CLEO Shall Sign the Comprehensive Preemption act, on April 22, 2014. These new laws became effective on July 1, 2014. There will be no further local regulation of handguns as of that day.
All existing municipal gun ordinances are null and void, and all firearms regulations are universal in the state. The bill is as follows:
- Any city or county does not spend funds arising from the implementation, administration, or operation of a gun buyback scheme.
- Any and all local ownership over guns and ammo is null and void. No community, county, or agent thereof any enact any ordinance, resolution, or legislation, or take any administrative action, regulating the acquisition, sale, possession, storage, carrying on one’s body, or transporting firearms or ammunition, or any part or combination thereof.
- No community, state, or agent thereof which enact any law, resolution, or regulation relating to the selling of a firearm by a person who possesses a federal firearms license that is more stringent than any ordinance or regulation relating to the sale of any other commercial good.
- No jurisdiction may pass any legislation, policy, rule, or tax relating to the transportation, ownership, holding, selling, move, buy, gift, devise, licensing, registration, or usage of a knife or knife-making components. Both previous ordinances are null and void, and future ordinances are prohibited.
- It is illegal to destroy confiscated weapons until they are no longer used as proof. They can be shared with other agencies and KBI, sold or traded to licensed weapons vendors, tested or compared by the forensics laboratory, or provided to the Kansas Department of Wildlife Parks and Tourism to be used in Hunter Education programs. Trans payments would be attributed to the seizing agency’s wealth seizure and forfeiture fund.
- When a weapon is confiscated from a person and they are not accused or adjudicated of a felony that bars them from owning weapons, the weapon must be checked as not lost and restored to the individual from which it was seized within 30 days.
- Cleans up the Knife Act of 2013, which intended to ban the execution of city laws enacted previous to July 1, 2013, and tackles knife use by convicted felons. Although daggers, dirks, deadly scissors, straight-edged razors, and stilettos have been reinstated in the statute, it is with the clear meaning and caveat that they are only banned for usage with the intent to illegally use them against another human.
- Municipalities are prohibited from requesting disclosure or keeping a list of concealed carry licenses. Cities and counties may pass ordinances, resolutions, or legislation regulating personnel policies governing concealed carry of firearms by city or county employees, as long as they are in accordance with this statute. The bill allows municipalities to delete all such documents produced prior to the bill’s effective date by July 31, 2014.
- When a sign off is necessary for the transfer of a weapon or other item governed by the National Firearms Act (“NFA”), the applicant must have approval from a chief law enforcement officer (CLEO) within fifteen days as long as the applicant is not barred by law from obtaining the firearm or other item.
There are no licensing provisions for purchasing weapons, and there is no provision for weapon registration. Private transactions do not necessitate background checks. With the exception of Kansas concealed carry handgun license holders, background checks are available when buying a handgun from a Federal Firearms Dealer.
In Kansas, open and concealed carry are also permissible without a warrant. Anyone over the age of 18 who is not barred from carrying a firearm may openly carry one in public without a license or permit.
CCHLs are only available to Kansas citizens and military personnel serving in the state. A concealed carry license can be obtained at the age of 21, and a weapons training course is provided.
However, as a result of the passing of HB 2058, 18- to 20-year-olds will be eligible to register for conditional Concealed Carry Handgun Licenses (CCHL) beginning July 1, 2021.
The applicant must undergo an 8-hour attorney general-approved firearm protection and training course. Since Kansas has permitless carry, any individual 21 years of age or older who may legally possess a firearm can carry a concealed firearm on his or her person without a license or permit.
Furthermore, as a result of the enactment of HB 2058, all legal concealed carry licenses/permits granted by another state would be honored in Kansas even though the issuer of the permit or license is not a Kansas citizen.
Due to the COVID-19 condition of catastrophe emergency, the late charge for a licensee whose CCHL expired on or after March 12, 2020 is waived. The changes and accommodations will be in place until October 1st, or until the attorney general changes them. An updated renewal application form would often include an unsworn declaration rather than notarization.
Individuals under 21 years of age can conceal carry only on their own property, abode, or fixed place of business, and the minimum age to possess a firearm with a barrel less than 12 inches long is 18 years old. Other exceptions for 18-year-olds include taking a gun training course, target shooting at designated ranges, or hunting.
Kansas is a Castle Doctrine state with a “stand your ground” rule.
There is no obligation to withdraw from any location where an individual has a lawful right to be.
Where and to the degree that an individual fairly feels that the use of force is required to protect the person or a third person against the potential use of unlawful force, the person is justified in using force.
An individual is justified in using lethal force whether he or she fairly feels that it is appropriate to avoid immediate death or great bodily injury to that person or a third person.
Where and to the degree that an individual legitimately assumes that the use of force is required to deter or end such other’s unlawful intrusion into or assault on such a person’s dwelling, place of employment, or occupied car, that person is justified in using force.
An individual is justified in using lethal force to deter or end unlawful intrusion into or assault on any building, place of employment, or occupied automobile if such person fairly assumes that such use of lethal force is required to prevent immediate death or great bodily harm to such person or another.
An individual who is legitimately in possession of property other than a home, place of employment, or occupied vehicle is justified in using force to avoid or end an unauthorized interference with that property. Just such force as a rational individual might consider sufficient to avoid or end the intrusion could be used on purpose.
FAQs About Gun Permits In Kansas
Do I Need A Permit To Carry Concealed Firearms In Kansas?
Yes, Kansas does grant a gun permit for concealed carry.
How Long Does a Kansas Pistol Permit Expire?
The Kansas gun permit is valid for four years, following which it must be renewed.
Will a Non-Resident Apply for a Pistol Permit in Kansas?
No, it does not. Excluding non-citizens who are veterans of the United States Armed Forces are eligible to qualify for the Kansas pistol permit, and the registration procedure is the same as for state residents.
How Can I Change My Kansas Pistol License’s Name And Address?
To update the name or signature on your Kansas firearm certificate, go online and fill out the address and name change request.
What Do I Do If I Misplace My Kansas Permit or It Is Stolen?
If you lose or steal your Kansas firearm card, you must contact the authorizing body in writing within thirty days of the robbery or when you know it is missing.
Following that, you must complete and notarize the form for a missing and destroyed permit.
And deliver it to the attorney general’s office along with a fifteen-dollar charge check.
The licensing unit would then accept the issuance of a replacement permit.
The Kansas Department of Revenue may be in control of obtaining new licenses, and they will charge a fee to do so.
How Soon After Moving To Kansas Will I Apply For A Pistol Permit?
As soon as a new citizen establishes residency in Kansas, he or she will apply to the state patrol for a firearm permit.
Can I Use My Kansas Pistol Permit After Moving to Another State in the United States?
No, a Kansas gun certificate expires after you move to another territory in the United States of America.
Do I Need A Kansas Pistol Permit To Carry A Pistol In The State?
No, the state of Kansas does not grant gun licenses for unrestricted carry of handguns.
Kansas is a permissive open carry jurisdiction, which means that residents who are eighteen years old or older who are not prohibited from possessing handguns can open carry in the state.
What Is the Minimum Age to Apply for a Pistol Permit in Kansas?
Before applying for a Kansas firearms permit, you must be at least twenty-one years old.
Hello there, it’s Michael here. A gun lover since young, served the country for the last 20 years. I started the blog to share my experience and gun-related knowledge accumulated throughout the years. Hopefully, you will find something useful over here or just have fun! You can learn more about me here.