From firearms-alert-owner Sat Feb 18 18:41:50 1995 Return-Path: firearms-alert-owner Received: (chan@localhost) by jobe.shell.portal.com (8.6.9/8.6.5) id SAA13705 for firearms-alert-outgoing; Sat, 18 Feb 1995 18:41:50 -0800 Received: from nova.unix.portal.com (root@nova.unix.portal.com [156.151.1.101]) by jobe.shell.portal.com (8.6.9/8.6.5) with ESMTP id SAA13680 for ; Sat, 18 Feb 1995 18:41:37 -0800 Received: from lks.lks.csi.com (lks.lks.csi.com [192.190.239.1]) by nova.unix.portal.com (8.6.9/8.6.5) with SMTP id SAA01050 for ; Sat, 18 Feb 1995 18:41:33 -0800 Received: from lks.lks.csi.com by lks.lks.csi.com (5.65/6.930123) with SMTP id AA09212; Sat, 18 Feb 95 20:40:57 -0600 Message-Id: <9502190240.AA09212@lks.lks.csi.com> To: firearms-alert@shell.portal.com Subject: Kansas CCW Bill (HB 2420) Date: Sat, 18 Feb 95 20:40:56 -0600 From: Christopher Hoover Sender: firearms-alert-owner@shell.portal.com Precedence: bulk Reply-To: Christopher Hoover Followup-To: firearms-politics@cup.hp.com Status: R [ The Federal and State Affairs committee is holding a hearing on this bill on Monday, February 20 at 1:30pm in Room 313-S. -- ch ] HB 2420-- ============================================================================ HOUSE BILL No. 2420 By Representatives Hayzlett, Packer, Aurand, Bryant, Cornfield, Dawson, Farmer, Howell, Humerickhouse, Jennison, Landwehr, Lawrence, Lloyd, Merritt, Mollenkamp, Morrison, Myers, Neufeld, O'Connor, Shore, Tanner and Wilson 2-6 AN ACT providing for licensure to carry certain concealed weapons; pro- hibiting certain acts and prescribing penalties for violations; amending ---------------------------------------------------------------------------- K.S.A. 1994 Supp. 21-4201 and repealing the existing section... mpg \o3Be it enacted by the Legislature of the State of Kansas:\f3 New Section 1. As used in sections 1 through 12: (a) ``Bureau'' means the Kansas bureau of investigation. (b) ``Weapon'' means handgun, pistol, revolver or tear gas gun. New Sec. 2. (a) The bureau may issue licenses to carry concealed weapons to persons qualified as provided by this act. Such licenses shall be valid throughout the state for a period of three years from the date of issuance. (b) The licensee must carry the license, together with a valid Kansas driver's license or Kansas nondriver's identification card, at all times in which the licensee is in actual possession of a concealed weapon and must display both the license and proper identification upon demand by a law enforcement officer. Violation of the provisions of this subsection shall constitute a class B nonperson misdemeanor. New Sec. 3. (a) The bureau shall issue a license pursuant to this act if the applicant: (1) Is a resident of the county where application for licensure is made and has been a resident of the state for six months or more immediately preceding the filing of the application; (2) is 21 years or more of age; (3) does not suffer from a physical infirmity which prevents the safe handling of a weapon or firearm; (4) is not ineligible to possess a firearm pursuant to K.S.A. 21-4204 and amendments thereto by virtue of having been convicted of a felony; (5) has not been, during the three years immediately preceding the date on which the application is submitted: (A) Committed for the abuse of a controlled substance; (B) convicted of a crime under the provisions of the uniform controlled substances act or a similar law of another state, the District of Columbia or the United States relating to controlled sub- stances; or (C) adjudicated a juvenile offender by reason of a violation of such act or similar law; (6) does not chronically and habitually use alcoholic beverages to the extent that the applicant's normal faculties are impaired. It shall be pre- sumed that an applicant chronically and habitually uses alcoholic bever- ages to the extent that the applicant's normal faculties are impaired if the applicant has been, during the three years immediately preceding the date on which the application is submitted, committed for the abuse of alcohol or has had two or more convictions under K.S.A. 8-1567 and amendments thereto, or under a similar law of any city, county, other state or the District of Columbia; (7) desires a legal means to carry a concealed weapon or firearm for lawful self-defense; (8) presents evidence satisfactory to the bureau that the applicant has satisfactorily completed a personal protection course, approved by the bureau, that includes appropriate training in firearms safety and the use of deadly force for lawful self-defense; (9) has not been adjudged a disabled person under the act for ob- taining a guardian or conservator, or both, or under a similar law of an- other state or the District of Columbia, unless the applicant was ordered restored to capacity three or more years before the date on which the application is submitted; and (10) has not been an involuntary patient pursuant to the treatment act for mentally ill persons, or pursuant to a similar law of another state or the District of Columbia, unless the applicant possesses a certificate from a psychiatrist licensed to practice medicine and surgery in this state that the applicant has not suffered from disability for three or more years immediately preceding the date on which the application is submitted. (b) The bureau may deny a license if the applicant has been convicted of one or more crimes of violence, or adjudicated a juvenile offender by reason of an act which would be a crime of violence if committed by an adult, within the three-year period immediately preceding the date on which the application is submitted or may revoke a license if the licensee has been convicted of one or more crimes of violence, or adjudicated a juvenile offender by reason of an act which would be a crime of violence if committed by an adult, within the preceding three years. (c) The cost of the personal protection course required by subsection (a)(8) shall be paid by the applicant. The following shall constitute satis- factory evidence of qualification under that subsection: (1) A photocopy of a certificate of completion of an approved personal protection course; (2) an affidavit from the instructor, school, club, organization or group that conducted or taught such course attesting to the completion of the course by the applicant; or (3) a copy of any document which shows completion of the course. New Sec. 4. (a) The application for a license pursuant to this act shall be completed, under oath, on a form prescribed by the bureau and shall include: (1) The name, address, place and date of birth, race and occupation of the applicant; (2) a statement that the applicant is in compliance with criteria con- tained within section 3; (3) a statement that the applicant has been furnished a copy of this act and is knowledgeable of its provisions; (4) a conspicuous warning that the application is executed under oath and that a false answer to any question, or the submission of any false document by the applicant, subjects the applicant to criminal prosecution under K.S.A. 21-3805 and amendments thereto; and (5) a statement that the applicant desires a concealed weapon or fire- arm license as a means of lawful self defense. (b) The applicant shall submit to the sheriff of the county where the applicant resides: (1) A completed application described in subsection (a); (2) a nonrefundable license fee not to exceed $125, if the applicant has not previously been issued a statewide license, or a nonrefundable license fee not to exceed $100, for renewal of a statewide license; (3) a full set of fingerprints of the applicant administered by a law enforcement agency of this state; (4) a photocopy of a certificate or an affidavit or document as de- scribed in subsection (c) of section 3; and (5) a full frontal view photograph of the applicant taken within the preceding 30 days. (c) (1) The sheriff, upon receipt of the items listed in subsection (b), shall provide for the full set of fingerprints of the applicant to be proc- essed for any criminal justice information and shall forward a copy of the application and $100 of the original license fee, or $80 of the renewal license fee, to the bureau. The cost of processing such fingerprints shall be paid by the applicant at the time of submission of the application. (2) The sheriff of the applicant's county of residence, at the sheriff's discretion, may participate in the process by submitting a voluntary report to the bureau containing any readily discoverable prior information that the sheriff feels may be pertinent to the licensing of any applicant. Any such voluntary reporting shall be made within 45 days after the date the sheriff receives the application. (3) All funds received by the sheriff pursuant to the provisions of this section shall be deposited in the general fund of the county and shall be budgeted to the use of the sheriff's office. (d) The bureau, within 90 days after the date of receipt of the items listed in subsection (b), shall: (1) Issue the license; or (2) deny the application based solely on the ground that the applicant fails to qualify under the criteria listed in section 3. If the bureau denies the application, the bureau shall notify the applicant in writing, stating the ground for denial and informing the applicant of any right to a hearing pursuant to the Kansas administrative procedure act. (e) Any law enforcement officer, as defined by K.S.A. 21-3110 and amendments thereto, shall be exempt from the fees and background in- vestigation required by this section for a period of one year subsequent to the date of retirement of such officer as a law enforcement officer. New Sec. 5. (a) The bureau shall maintain an automated listing of licenseholders and pertinent information, and such information shall be available, upon request, at all times to all law enforcement agencies in this state. (b) Within 30 days after the changing of a permanent address, or within 30 days after having a license lost or destroyed, the licensee shall notify the bureau of such change, loss or destruction. Failure to notify the bureau pursuant to the provisions of this subsection shall constitute a class B nonperson misdemeanor. (c) In the event that a concealed weapon or firearm license is lost or destroyed, the license shall be automatically invalid, and the person to whom the license was issued, upon payment of $15 to the bureau, may obtain a duplicate, or substitute thereof, upon furnishing a notarized statement to the bureau that such license has been lost or destroyed. New Sec. 6. The bureau shall suspend or revoke at any time, after notice and an opportunity for hearing in accordance with the Kansas administrative procedure act, the license of any person who would be ineligible under section 2 if submitting an application for a license at such time. New Sec. 7. (a) Not less than 90 days prior to the expiration date of the license, the bureau shall mail to the licensee a written notice of the expiration and a renewal form prescribed by the bureau. The licensee must renew the license on or before the expiration date by filing with the bureau the renewal form, a notarized affidavit stating that the licensee remains qualified pursuant to the criteria specified in section 3, a com- pleted fingerprint card, and the required renewal fee and fingerprint processing fee. The license shall be renewed upon receipt of the com- pleted renewal application, fingerprint card and appropriate payment of fees. 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. (b) No license shall be renewed six months or more after the expi- ration date of the license, and such license shall be deemed to be per- manently expired. A person whose license has been permanently expired may reapply for licensure but an application for licensure and fees pur- suant to section 4 must be submitted, and a background investigation shall be conducted pursuant to the provisions of that section. (c) A person who knowingly files false information pursuant to this section shall be subject to criminal prosecution under K.S.A. 21-3805 and amendments thereto. New Sec. 8. No license issued pursuant to this section shall authorize the licensee to carry a concealed weapon into: (a) Any place where an activity declared a common nuisance by K.S.A. 22-3901 and amendments thereto is maintained; (b) any police, sheriff or highway patrol station; (c) any detention facility, prison or jail; (d) any courthouse; (e) 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; (f) any polling place; (g) any meeting of the governing body of a county, city or other sub- division; (h) any meeting of the legislature or a committee thereof; (i) any school, community college, college, university or professional athletic event not related to firearms; (j) any portion of an establishment licensed to dispense alcoholic bev- erages for consumption on the premises, which portion of the establish- ment is primarily devoted to such purpose; (k) any elementary or secondary school facility; (l) any community college, college or university facility; or (m) any place where the carrying of firearms is prohibited by federal law. New Sec. 9. (a) All moneys received by the bureau pursuant to this act shall be remitted to the state treasurer who shall deposit the entire amount in the state treasury and credit it to the concealed weapon licen- sure fund, which is hereby created in the state treasury. (b) Moneys in the concealed weapon licensure fund shall be used only to pay the expenses of administering this act. (c) On or before the 10th day of each month, the director of accounts and reports shall transfer from the state general fund to the concealed weapon licensure fund the amount of money certified by the pooled money investment board in accordance with this subsection. Prior to the 10th day of each month, the pooled money investment board shall certify to the director of accounts and reports the amount of money equal to the proportionate amount of all the interest credited to the state general fund for the preceding month, pursuant to K.S.A. 75-4210a and amendments thereto, that is attributable to moneys in the concealed weapon licensure fund. Such amount of money shall be determined by the pooled money investment board based on: (1) The average daily balance of moneys in the concealed weapon licensure fund during the preceding month as cer- tified to the board by the director of accounts and reports and (2) the average interest rate on repurchase agreements of less than 30 days' du- ration entered into by the pooled money investment board for that period. On or before the fifth day of each month, the director of accounts and reports shall certify to the pooled money investment board the average daily balance of moneys in the concealed weapon licensure fund during the preceding month. (d) All expenditures from the concealed weapon licensure fund shall be made in accordance with appropriation acts upon warrants of the di- rector of accounts and reports issued pursuant to vouchers approved by the director of the bureau for the purposes set forth in this section. New Sec. 10. (a) The director of the bureau shall adopt such rules and regulations as necessary to administer the provisions of this act. (b) On or before January 1 of each year, the director of the bureau shall submit a statistical report to the governor, president of the senate, the senate leader, the speaker of the house of representatives and the house minority leader indicating the number of licenses issued, revoked, suspended and denied during the preceding fiscal year. New Sec. 11. The legislature finds as a matter of public policy and fact that it is necessary to provide statewide uniform standards for issuing licenses to carry concealed weapons for self-defense and finds it necessary to occupy the field of requisition of the bearing of concealed weapons for self-defense to ensure that no honest, law-abiding person who qualifies under the provisions of this section is subjectively or arbitrarily denied the person's rights. The legislature does not delegate to the bureau the authority to regulate or restrict the issuing of licenses provided for in this act, beyond those provisions contained in this act. Subjective or arbitrary actions or rules and regulations which encumber the issuing process by placing burdens on the applicant beyond those sworn statements and specified documents detailed in this act or which create restrictions be- yond those specified in this act are in conflict with the intent of this act and are prohibited. This act shall be liberally construed to carry out the constitutional right to bear arms for self-defense. This section is supple- mental and additional to existing rights to bear arms and nothing in this section shall impair or diminish such rights. New Sec. 12. If any provision of this act or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect with- out the invalid provision or application. To this end the provisions of this act are severable. Sec. 13. K.S.A. 1994 Supp. 21-4201 is hereby amended to read as follows: 21-4201. (a) Criminal use of weapons is knowingly: (1) Selling, manufacturing, purchasing, possessing or carrying any bludgeon, sandclub, metal knuckles or throwing star, or any knife, com- monly referred to as a switch-blade, which has a blade that opens auto- matically by hand pressure applied to a button, spring or other device in the handle of the knife, or any knife having a blade that opens or falls or is ejected into position by the force of gravity or by an outward, downward or centrifugal thrust or movement; (2) carrying concealed on one's person, or possessing with intent to use the same unlawfully against another, a dagger, dirk, billy, blackjack, slung shot, dangerous knife, straight-edged razor, stiletto or any other dangerous or deadly weapon or instrument of like character, except that an ordinary pocket knife with no blade more than four inches in length shall not be construed to be a dangerous knife, or a dangerous or deadly weapon or instrument; (3) carrying on one's person or in any land, water or air vehicle, with intent to use the same unlawfully, a tear gas or smoke bomb or projector or any object containing a noxious liquid, gas or substance; (4) carrying any pistol, revolver or other firearm concealed on one's person except when on the person's land or in the person's abode or fixed place of business; (5) setting a spring gun; (6) possessing any device or attachment of any kind designed, used or intended for use in silencing the report of any firearm; (7) selling, manufacturing, purchasing, possessing or carrying a shot- gun with a barrel less than 18 inches in length or any other firearm de- signed to discharge or capable of discharging automatically more than once by a single function of the trigger; (8) possessing, manufacturing, causing to be manufactured, selling, offering for sale, lending, purchasing or giving away any cartridge which can be fired by a handgun and which has a plastic-coated bullet that has a core of less than 60% lead by weight; or (9) possessing or transporting any incendiary or explosive material, liquid, solid or mixture, equipped with a fuse, wick or any other detonat- ing device, commonly known as a molotov cocktail or a pipe bomb. (b) Subsections (a)(1), (2), (3), (4) and (7) shall not apply to or affect any of the following: (1) Law enforcement officers, or any person summoned by any such officers to assist in making arrests or preserving the peace while actually engaged in assisting such officer; (2) wardens, superintendents, directors, security personnel and keep- ers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of crime, while acting within the scope of their authority; (3) members of the armed services or reserve forces of the United States or the Kansas national guard while in the performance of their official duty; or (4) manufacture of, transportation to, or sale of weapons to a person authorized under subsections (b)(1), (2) and (3) to possess such weapons. (c) Subsection (a)(4) shall not apply to or affect the following: (1) Watchmen, while actually engaged in the performance of the du- ties of their employment; (2) licensed hunters or fishermen, while engaged in hunting or fish- ing; (3) private detectives licensed by the state to carry the firearm in- volved, while actually engaged in the duties of their employment; (4) detectives or special agents regularly employed by railroad com- panies or other corporations to perform full-time security or investigative service, while actually engaged in the duties of their employment; or (5) the state fire marshal, the state fire marshal's deputies or any member of a fire department authorized to carry a firearm pursuant to K.S.A. 31-157 and amendments thereto, while engaged in an investigation in which such fire marshal, deputy or member is authorized to carry a firearm pursuant to K.S.A. 31-157 and amendments thereto. (d) Subsections (a)(1), (6) and (7) shall not apply to any person who sells, purchases, possesses or carries a firearm, device or attachment which has been rendered unserviceable by steel weld in the chamber and marriage weld of the barrel to the receiver and which has been registered in the national firearms registration and transfer record in compliance with 26 U.S.C. 5841 \o3et seq.\f3 in the name of such person and, if such person transfers such firearm, device or attachment to another person, has been so registered in the transferee's name by the transferor. (e) Subsection (a)(8) shall not apply to a governmental laboratory or solid plastic bullets. (f) \o3subsection (a)(4) shall not apply to any person who holds a current valid license issued pursuant to sections 1 through 12. (g)\f3 It shall be a defense that the defendant is within an exemption. \o8(g) \f8\o3(h)\f3 Violation of subsections (a)(1) through (a)(5) or subsection (a)(9) is a class A nonperson misdemeanor. Violation of subsection (a)(6), (a)(7) or (a)(8) is a severity level 9, nonperson felony. \o8(h) \f8\o3(i)\f3 As used in this section, ``throwing star'' means any instrument, without handles, consisting of a metal plate having three or more radiating points with one or more sharp edges and designed in the shape of a polygon, trefoil, cross, star, diamond or other geometric shape, manufac- tured for use as a weapon for throwing. Sec. 14. K.S.A. 1994 Supp. 21-4201 is hereby repealed. Sec. 15. This act shall take effect and be in force from and after its publication in the statute book.