Monday, September 3, 2012

Concealed Carry Permit in Kansas

Being against someone to acquire a CCW permit and usually the result of not understanding the concept, the laws, and the intent.  I'm here to hopefully clarify a few things for you.

I know this is a long read, but please be patient.  The information I'm providing is VERY important.  At the end of the post, I will have a list of states that accepts the Kansas CCW permit.

Issuing Authority:
Individuals who wish to apply for a Kansas CCH license must apply at the sheriff’s office in the county where they live, regardless of whether they downloaded an application or obtained an application from the sheriff.


Out Of State Permit Issue:
Kansas does not issue permits to non-residents.


NICS/Background Check:
NICS: Yes
The sheriff shall provide for the full set of fingerprints of the applicant to be taken and forwarded to the attorney general for the purposes of a criminal history records check. Each applicant shall be subject to a state and national criminal history records check for the purpose of verifying the identity of the applicant and whether the applicant has been convicted of any crime that would disqualify the applicant from holding a license. The attorney general, for the purposes of determining the applicant’s eligibility only, may access criminal records that have been expunged by the court.


Permit Valid For:
The permit is valid for four (4) years from the date of issuance.


Permit Issued Timeline:
The attorney general has 180 days to issue or deny the license.


Cost:
$150 total: Acquire two cashier’s checks or money orders made payable to the county Sheriff ($40) and the Kansas Attorney General ($110).


Requirements:
1. Must complete an 8-hour weapons safety and training course and obtain a certificate of completion from a certified instructor.
2. Twenty-one (21) years of age
3. A Citizen of the United States
4. A resident of Kansas for six (6) months prior to application
5. A Resident of the county where applying
6. No felony conviction or diversion;*
7. Applicant must not have any if the following within five years preceding application:*
a. Convicted or placed on diversion two or more times for driving under the influence of alcohol or drugs
b. Misdemeanor convictions or diversions under the provisions of the Uniformed Controlled Substances Act
c. Convictions or diversions for a domestic violence misdemeanor
d. Convicted or placed on diversion for carrying a concealed weapon while under the influence of alcohol/drugs
e. Convicted or placed on diversion for carrying a concealed weapon without a license.
8. Cannot be in contempt of court in a child support proceeding
9. Applicant cannot be under a current criminal charge or indictment for an offense that would render the person ineligible for a license
10. Ajudged disabled and appointed a guardian or conservator under the Kansas Act, unless the individual has been restored to capacity for at least three years
11. Not Subject to any of the following restraining orders:
a. Protection from abuse/stalking
b. Divorce
c. Child-in-need-of-care
12. No person ordered by the court to receive treatment for mental illness or alcohol/ substance abuse is allowed to have a concealed carry license unless the person has a certificate issued by a court, at least five (5) years prior to the date of application, restoring the applicant’s ability to possess a firearm
13. Applicant cannot have a dishonorable discharge from the military


Required Documents:
1. Certificate of completed training from certified instructor
2. Completed 4-page application form
3. 2″x2″ passport type color photograph
4. Two cashier’s checks or money orders made payable to the county Sheriff ($40) and the Kansas Attorney General ($110)

The county Sheriff will fingerprint the applicant and forward the entire packet to the Attorney General for processing.

Renewal Information:
Not less than 90 days prior to the expiration date of the license, the attorney general shall mail to the licensee a written notice of the expiration and a renewal form. The licensee shall renew the license on or before the expiration date by filing with sheriff of the applicant’s county of residence the renewal form, a notarized affidavit that the licensee remains qualified, a full frontal photograph taken within the preceding 30 days, and a nonrefundable license renewal fee not to exceed $100. A licensee who fails to file a renewal application on or before the expiration date of the license must pay an additional late fee of $15. if the licensee is qualified, the license shall be renewed upon receipt by the attorney general. No licensed shall be renewed six months or more after the expiration date of the license, and such application shall be deemed permanently expired. A person whose license has been permanently expired may reapply for licensure, but an application for licensure and fees shall be submitted, and a background investigation shall be conducted.


Change of Address:
Within 30 days after changing any permanent address, or within 30 days after having a license lost or destroyed, the licensee shall notify the attorney general of such change, loss, or destruction. Failure to notify the attorney general may result in the imposition of a fine or revocation of the license. in the event that a concealed weapon license is lost or destroyed, the license shall be automatically invalid. A duplicate may be obtained at a cost of $15, after the licensee furnishes the attorney general with a notarized statement of the loss or destruction.

Lost or Destroyed Permit:
Within 30 days after changing any permanent address, or within 30 days after having a license lost or destroyed, the licensee shall notify the attorney general of such change, loss, or destruction. Failure to notify the attorney general may result in the imposition of a fine or revocation of the license. in the event that a concealed weapon license is lost or destroyed, the license shall be automatically invalid. A duplicate may be obtained at a cost of $15, after the licensee furnishes the attorney general with a notarized statement of the loss or destruction.


Informing Law Enforcement of Carry:
Under the KPFPA, if at any time a 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 display the license.

Verification by law enforcement that a person holds a valid license to carry a concealed weapon may be accomplished by a record check using the person’s vehicle tag and driver’s license information.
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.

Automobile carry:
People with a concealed weapon permit may carry in the car loaded anywhere in reach of the permit holder. Under state law, loaded firearms may be carried in plain view, glove compartment or vehicle storage compartments but some localities may regulate this aspect stricter.


Places off-limits when carrying:
1. Any place where an activity declared a common nuisance is maintained;
2. Any police, sheriff, or highway patrol station;
3. Any detention facility or jail;
4. Any courthouse;
5. Any courtroom, except that nothing precludes 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 governing board of any county, city, or other political or taxing subdivision of the state, or any committee or subcommittee thereof;
8. On the state fairgrounds;
9. Any athletic event
10. Any state office building;
11. 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;
12. Any professional athletic event not related to or involving firearms;
13. Any portion of a drinking establishment except that this provision shall not apply to a restaurant;
14. Any elementary or secondary school building or structure used for student instruction or attendance;
15. Any community college, college or university facility;
16. Any place where the carrying of firearms is prohibited by federal or state law;
17. Any child exchange and visitation center provided for in K.S.A. 75-720, and amendments thereto;
18. Any community mental health center; psychiatric hospital; or state psychiatric hospital, as follows: Larned state hospital, Osawatomie state hospital or Rainbow mental health facility;
19. Any city hall;
20. Any public library operated by the state or by a political subdivision of the state;
21. Any day care home or group day care home, or any preschool or childcare center, or
22. Any church or temple


Nothing in this shall be construed to prevent:
1. Any public or private employer from restricting or prohibiting
in any manner persons licensed under this act from carrying a concealed weapon while on the premises of the employer’s business or while engaged in the duties of the person’s employment by the employer;
2. Any entity owning or operating business premises open to the public from restricting or prohibiting in any manner persons licensed under this act from carrying a concealed weapon while on such premises, provided that the premises are posted, in a manner reasonably likely to come to the attention
of persons entering the premises, as premises where carrying a concealed weapon is prohibited; or
3. A property owner from restricting or prohibiting in any manner persons licensed under this act from carrying a concealed weapon while on such property, provided that the premises are posted, in a manner reasonably likely to come to the attention of persons entering the property where carrying a concealed weapon is prohibited.


Deadly Force / Castle Doctrine:
§ 21-3212. Use of force in defense of dwelling. A person is justified in the use of force against another when and to the extent that it appears to him and he reasonably believes that such conduct is necessary to prevent or terminate such other’s unlawful entry into or attack upon his dwelling.

 
Open Carry:
Kansas is an open carry State but in 2007 the law was modified that allows Cities & Counties to regulate the manner of openly carrying a loaded firearm but this does not allow them to prohibit it.


Here's a list to help with which states accept the Kansas CCW permit.  The green accept and the red denies.

ALABAMA
ALASKA
ARIZONA
ARKANSAS
CALIFORNIA
COLORADO
CONNECTICUT  
DELAWARE
FLORIDA
GEORGIA
HAWAII
IDAHO
ILLINOIS
INDIANA
IOWA
KENTUCKY
LOUISIANA
MAINE
MARYLAND
MASSACHUSETTS
MICHIGAN
MINNESOTA  
MISSISSIPPI
MISSOURI             
MONTANA            
NEBRASKA        
NEVADA              
NEW HAMPSHIRE  
NEW JERSEY      
NEW MEXICO   
NEW YORK       
NORTH CAROLINA
NORTH DAKOTA     
OHIO                     
OKLAHOMA
OREGON            
PENNSYLVANIA  
RHODE ISLAND
SOUTH CAROLINA
SOUTH DAKOTA  
TENNESSEE
TEXAS                
UTAH  
VERMONT       
VIRGINIA       
WASHINGTON     
WEST VIRGINIA 
WISCONSIN 
WYOMING

I hope this helped with your decision to obtain your CCW permit.

Happy Shooting!