Kansas Attorney General Opinion 2013-017

October 25, 2013
ATTORNEY GENERAL OPINION NO. 2013- 17
Gary E. Rebenstorf, City Attorney
City of Wichita
City Hall, 13th Floor
445 North Main St.
Wichita, KS 67202-1635
Re: 	Cities 	and 	Municipalities‒Miscellaneous 	Provisions‒Firearms 	and
Ammunition; Regulation by City or County, Limitations
Synopsis: 	A city or county may not require persons licensed to carry concealed
handguns 	to 	completely 	encase 	long 	guns 	in 	a 	container 	when
transporting such long guns by vehicle. Cited herein: K.S.A. 2013 Supp.
12-16,124; 75-7c01.
* 	* 	*
Dear Mr. Rebenstorf:
As the Wichita City Attorney, you ask us to interpret K.S.A. 2013 Supp. 12-16,124(b)(4),
which is an exception to the general rule that a city or county may not adopt any
ordinance, 	resolution 	or 	regulation 	governing 	the 	transporting 	of 	firearms 	or
ammunition. 1 That statute states in relevant part:
Nothing in this section shall:
. . .
1 See K.S.A. 2013 Supp. 12-16,124(a) (“No city or county shall adopt any ordinance, resolution or
regulation . . . governing the purchase, transfer, ownership, storage or transporting of firearms or
ammunition, or any component or combination thereof”). See also Attorney General Opinion Nos. 2013-
13; 2012-2; 2011-24; and 2011-006.

Gary E. Rebenstorf
Page 2
prohibit 	a 	city 	or 	county 	from 	adopting 	an 	ordinance, 	resolution 	or
regulation requiring a firearm transported in any air, land or water vehicle
to be unloaded and encased in a container which completely encloses the
firearm . . . provided such ordinance, resolution or regulation shall not
apply to persons licensed or recognized under the personal and family
protection act.2
In your letter, you note that a license issued under the Personal and Family Protection
Act (PFPA) 3 authorizes the licensee to carry concealed handguns but has no effect on
the carrying of long guns. You ask whether the italicized language above is intended to
apply to the transportation of long guns by concealed carry licensees.
The fundamental rule to which all other rules are subordinate is that the
intent of the legislature governs if that intent can be ascertained. An
appellate court must give effect to that intent, which the legislature is
initially presumed to have expressed through the language it used. When
language is plain and unambiguous, there is no need to resort to statutory
construction. 4
In 	this 	case, 	the 	language 	of 	K.S.A. 	2013 	Supp. 	12-16,124(b)(4) 	is 	plain 	and
unambiguous: 	a 	city 	or 	county 	may 	adopt 	an 	ordinance, 	resolution 	or 	regulation
requiring a firearm transported in any vehicle to be unloaded and encased in a
container, but such ordinance, resolution or regulation shall not apply to concealed carry
licensees.
The term “firearm” is not defined in K.S.A. 2013 Supp. 12-16,124, so we apply its
ordinary meaning. 5 Ordinary definitions of firearm include “a rifle, pistol, or other
portable gun” 6 and “a weapon from which a shot is discharged by gunpowder.”7 The
ordinary meaning of firearm clearly includes long guns as well as handguns.
It is of no legal consequence that the PFPA only authorizes a license holder to carry
concealed handguns. The plain language of K.S.A. 2013 Supp. 12-16,124(b)(4) restricts
cities and counties from applying any local ordinance, resolution or regulation requiring
long guns transported by vehicle to be encased in a container to any concealed carry
licensee.
2 Emphasis added.
3 K.S.A. 2013 Supp. 75-7c01 et seq.
4 Steffes v. City of Lawrence, 284 Kan. 380, Syl. ¶ 2 (2007).
5 See, e.g., Boatright v. Kansas Racing Com’n, 251 Kan. 240, 245 (1992) (“. . . in construing a statute,
ordinary words are to be given their ordinary meaning . . . .”).
6 "Firearm.” Oxford Dictionaries. Oxford University Press.
http://www.oxforddictionaries.com/definition/english/firearm (accessed October 23, 2013).
7 “Firearm.” Merriam-Webster.com. http://www.merriam-webster.com/dictionary/firearm (accessed
October 23, 2013).

Gary E. Rebenstorf
Page 3
Sincerely,
Derek Schmidt
Attorney General
Sarah Fertig
Assistant Attorney General
DS:AA:SF:sb