Kansas Attorney General Opinion 2015-014

July 27, 2015
ATTORNEY GENERAL OPINION NO. 2015-14
William R. Halvorsen
Chase County Attorney
P.O. Box 637
Cottonwood Falls, KS 66845
Re: 	Crimes and Punishments‒Crimes Against the Public Safety‒Criminal Use
of Weapons
Unfair 	Trade 	and 	Consumer 	Protection‒Manufacturers 	of 	Firearms,
Firearms Accessories, Ammunition‒Second Amendment Protection Act;
Personal Firearms, Accessories and Ammunition Manufactured in Kansas
Synopsis: 	The defense of compliance with the National Firearms Act (NFA) is
available to a person in possession of a firearm sound suppressor that is
manufactured in Kansas and remains within Kansas state borders. State
law requires a person to comply with the NFA if he or she wishes to
lawfully possess any firearm sound suppressor in Kansas, including those
that are manufactured in Kansas and remain within Kansas state borders.
Cited herein: K.S.A. 2014 Supp. 21-6301, as amended by L. 2015, Ch. 16,
§ 2; 50-1201; 50-1203; 50-1204; 50-1206; 26 U.S.C. § 5845.
* 	* 	*
Dear Mr. Halvorsen:
As Chase County Attorney, you ask for our opinion concerning the interaction of two
provisions of Kansas law related to the possession of certain firearm accessories.
Specifically, you ask whether K.S.A. 21-6301(h) remains available as a defense to a
person charged with possession of a Kansas-manufactured firearm sound suppressor in
light of the provisions of the Second Amendment Protection Act. 1 You also ask whether
1 K.S.A. 2014 Supp. 50-1201 et seq.

William R. Halvorsen
Page 2
such a person must be in compliance with the federal National Firearms Act (NFA) 2 	in
order to assert that defense.
Under K.S.A. 2014 Supp. 21-6301(a)(4), as amended by L. 2015, Ch. 16, § 2, it is
generally unlawful to possess a firearm sound suppressor in Kansas. 3 However, K.S.A.
2014 Supp. 21-6301(h), as amended by L. 2015, Ch. 16, § 2, states that this provision
of criminal law “shall not apply to or affect” any person or entity in compliance with the
NFA. In other words, a person may possess a firearm sound suppressor without
violating Kansas law if that person is in compliance with the NFA; otherwise, such
possession is unlawful.
The Second Amendment Protection Act (“Act”), enacted in 2013, 4 exempts from federal
regulation all firearms, firearms accessories and ammunition that are manufactured in
Kansas and remain within Kansas state borders.5 K.S.A. 2014 Supp. 50-1204(a) states:
A 	personal 	firearm, 	a 	firearm 	accessory 	or 	ammunition 	that 	is
manufactured6 commercially or privately and owned in Kansas and that
remains within the borders of Kansas is not subject to any federal law,
treaty, federal regulation, or federal executive action, including any federal
firearm 	or 	ammunition 	registration 	program, 	under 	the 	authority 	of
congress to regulate interstate commerce. It is declared by the legislature
that those items have not traveled in interstate commerce. This section
applies 	to 	a 	firearm, 	a 	firearm 	accessory 	or 	ammunition 	that 	is
manufactured commercially or privately and owned in the state of Kansas.
A firearm sound suppressor is considered a firearm accessory for the purposes of the
Act. 7 Therefore, under the Act, a firearm sound suppressor that is manufactured in
Kansas and remains within the borders of Kansas (which we will refer to as a “Kansas
suppressor” in this opinion) would not be subject to any federal law, including the NFA.
Given the above statutes, may a person who is charged with violation of K.S.A. 2014
Supp. 21-6301(a)(4), as amended by L. 2015, Ch. 16, § 2, for possession of a Kansas
suppressor, nonetheless assert compliance with the NFA as a defense? We believe the
answer is yes.
2 26 U.S.C. § 5801 et seq. Among other things, the NFA provides for the taxation, registration and
identification of firearms. A “silencer” is considered a firearm for the purposes of the NFA. See 26 U.S.C.
§ 5845(a)(7).
3 “Criminal use of weapons is knowingly . . . possessing any device or attachment of any kind designed,
used or intended for use in suppressing the report of any firearm.”
4 L. 2013, Ch. 100.
5 For the purposes of this opinion we assume that the provisions of the Act exempting such firearms,
firearm accessories and ammunition from any federal law or regulation are valid.
6 Under the Act, “manufacture” means “to assemble using multiple components to create a more useful
finished product.” See K.S.A. 2014 Supp. 50-1203(c).
7 K.S.A. 2014 Supp. 50-1203(b).

William R. Halvorsen
Page 3
Although the Act purports to render all federal laws, including the NFA, inapplicable to
Kansas suppressors, it does not prohibit a person from voluntarily complying with the
NFA. Therefore, a person who possesses a Kansas suppressor may choose to comply
with the NFA with respect to that suppressor.
Furthermore, we believe that Kansas law requires a person to comply with the NFA if he
or she wishes to lawfully possess any firearm sound suppressor in Kansas, including
Kansas suppressors. By its plain language, the Act only prohibits the enforcement of
federal law in Kansas, but does not disturb state criminal law in any way.
NFA compliance is required by state law in order to qualify for a defense under K.S.A.
2014 Supp. 21-6301(h), as amended by L. 2015, Ch. 16, § 2, regardless of whether the
firearm sound suppressor falls within the parameters of the Act or is imported from
another state. Therefore, a person could not rely upon the Act as a defense against a
charge of unlawful possession of a Kansas suppressor because the Act does not
foreclose prosecutions under state law.
We also note that the Act provides that state officials may not “enforce or attempt to
enforce” federal firearms laws with respect to firearm accessories that are manufactured
in Kansas and remain in Kansas. 8 In our opinion, a prosecution for violation of K.S.A.
2014 Supp. 21-6301(a)(4), as amended by L. 2015, Ch. 16, § 2, including any attendant
argument concerning the availability of the defense of NFA compliance, does not
constitute an effort to enforce federal firearms laws in violation of the Act. Rather, any
discussion of NFA compliance in such a circumstance would concern the enforcement
of state law.
Sincerely,
Derek Schmidt
Attorney General
Sarah Fertig
Assistant Attorney General
DS:AA:SF:sb
8 K.S.A. 2014 Supp. 50-1206(b).