2017-018•Kansas Attorney General Opinion 2017-018
Full text
December 12, 2017 ATTORNEY GENERAL OPINION NO. 2017-18 The Honorable John E. Barker State Representative, 70th District 103 Wassinger Ave. Abilene, KS 67410 Re: Crimes and Punishments—Crimes Against the Public Safety—Criminal Carrying of a Weapon State Departments; Public Officers and Employees—Firearms—Personal and Family Protection Act; License to Carry Concealed Handgun Synopsis: It is unlawful for a person 18 to 20 years of age to carry a concealed handgun except when on the person’s land or in the person’s abode or fixed place of business. Cited herein: K.S.A. 21-4201; K.S.A. 2015 Supp. 21-6302; K.S.A. 2017 Supp. 75-7c01; K.S.A. 2013 Supp. 75-7c04; K.S.A. 2017 Supp. 75-7c04. * * * Dear Representative Barker: As the State Representative for the 70 th District, you ask for our opinion regarding whether, under current Kansas law, a person 18 to 20 years of age may lawfully carry a concealed handgun. For the reasons described below, we believe the answer to your question is no. Prior to the 2006 enactment of the Personal and Family Protection Act (PFPA) 1 , commonly known as the concealed carry law, it was generally unlawful for any person 1 K.S.A. 2017 Supp. 75-7c01 et seq.
The Honorable John Barker Page 2 to knowingly carry any concealed firearm “except when on the person’s land or in the person’s abode or fixed place of business.” 2 Therefore, even without the availability of concealed carry licenses, a person 18 to 20 years of age could lawfully carry a concealed handgun on his or her land or in his or her abode or fixed place of business. Since the enactment of the PFPA in 2006, the availability of Kansas concealed carry licenses has been limited to persons at least 21 years of age. 3 In 2013, the PFPA was amended to allow concealed carry licenses issued by other jurisdictions to be “recognized” in Kansas, irrespective of whether the requirements for those licenses were consistent with Kansas law. 4 Such recognition “entitle[d] the lawful holder thereof to carry concealed handguns . . . in this state. . . ” and was limited to non-Kansas residents. 5 Thus, a non-resident who did not necessarily meet Kansas’ requirements for a concealed carry license, such as minimum age requirements, could lawfully carry a concealed handgun in Kansas so long as he or she had a valid license issued by another jurisdiction. As you note in your letter, in 2015 the Kansas Legislature passed Senate Bill 45 (SB 45), 6 which amended various laws governing the carrying of firearms. SB 45 amended the PFPA to strike all statutory provisions allowing other jurisdictions’ concealed carry licenses to be recognized in Kansas. 7 SB 45 also amended K.S.A. 2014 Supp. 21-6302(a)(4), the statute that generally criminalized concealed carry except when on the person’s land or in the person’s abode or fixed place of business, to read as follows: Criminal carrying of a weapon is knowingly carrying: . . . Any pistol, revolver or other firearm concealed on one’s person if such person is under 21 years of age, except when on such person’s land or in such person’s abode or fixed place of business.8 The same statute was also amended to remove a provision which said that K.S.A. 21- 6302(a)(4) shall not apply to “any person carrying a concealed handgun as authorized by [the PFPA].” 9 2 K.S.A. 21-4201(a)(4). In 2011 this statute was repealed and the quoted provision was recodified at K.S.A. 21-6302. See L. 2011, Ch. 30, § 49. 3 K.S.A. 2017 Supp. 75-7c04(a)(3). 4 L. 2013, Ch. 36, § 4. 5 K.S.A. 2013 Supp. 75-7c03(c)(1). 6 L. 2015, Ch. 16. 7 Id. 8 K.S.A. 2015 Supp. 21-6302(a)(4) (emphasis added). 9 L. 2015, Ch. 16, § 8.
The Honorable John Barker Page 3 Taken together, the SB 45 amendments clarified that concealed carry by a person under 21 years of age is illegal except when on that person’s land or in their home or fixed place of business, and statutory provisions that could have provided an exception through recognition of out-of-state concealed carry licenses were stricken. Legislation was introduced during the 2017 session to reinstate the recognition of other jurisdictions’ licenses, 10 but that bill has not yet passed either chamber. As a consequence, concealed carry by persons 18 and 20 years of age is illegal except in limited circumstances as described above. To summarize, prior to July 1, 2015, it was generally unlawful to carry a concealed handgun in Kansas without a license. Then, as now, Kansas law prohibited the issuance of concealed carry licenses to persons under the age of 21. Between July 1, 2013 and July 1, 2015, a non-Kansas resident 18 to 20 years of age could lawfully carry a concealed handgun in Kansas if that person possessed a valid license issued by another jurisdiction. Following the enactment of SB 45, which became effective July 1, 2015, it is a crime for persons under the age of 21 to carry a concealed handgun except in limited circumstances, and Kansas law no longer allows out-of-state concealed carry licenses to be recognized. Sincerely, Derek Schmidt Attorney General Sarah Fertig Assistant Attorney General DS:AA:SF:sb 10 2017 House Bill 2042. This bill was reported favorably for passage by the House Committee on Federal and State Affairs on March 16, 2017. See 2017 House Journal 456.
Wondering how this text applies to your situation?
Free consultation, no commitment
Describe your situation. Our team will contact you by email about your consultation.
Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.