Kansas Attorney General Opinion 2017-018

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.