21-3214
Chapter 21.--CRIMES
AND PUNISHMENTS
Article
32.--PRINCIPLES OF CRIMINAL LIABILITY
21-3214. Use of force by an aggressor. The justification described in sections 21-3211, 21-3212, and 21-3213, is not available to a person who:
(1) Is attempting to commit, committing, or escaping from the commission of a forcible felony; or
(2) Initially provokes the use of force against himself or another, with intent to use such force as an excuse to inflict bodily harm upon the assailant; or
(3) Otherwise initially provokes the use of force against himself or another, unless:
(a) He has reasonable ground to believe that he is in imminent danger of death or great bodily harm, and he has exhausted every reasonable means to escape such danger other than the use of force which is likely to cause death or great bodily harm to the assailant; or
(b) In good faith, he withdraws from physical contact with the assailant and indicates clearly to the assailant that he desires to withdraw and terminate the use of force, but the assailant continues or resumes the use of force.
History: L. 1969, ch. 180,
§ 21-3214;
Chapter 21.--CRIMES AND
PUNISHMENTS
Article 32.--PRINCIPLES
OF CRIMINAL LIABILITY
21-3211. Use of force in
defense of a person; no duty to retreat. (a) A person is justified
in the use of force against another when and to the extent it appears to such
person and such person reasonably believes that such force is necessary to
defend such person or a third person against such other's imminent use of
unlawful force.
(b) A person is justified in the use of deadly force under
circumstances described in subsection (a) if such person reasonably believes
deadly force is necessary to prevent imminent death or great bodily harm to
such person or a third person.
(c) Nothing in this section shall require a person to
retreat if such person is using force to protect such person or a third person.
History: L. 1969, ch.
180, § 21-3211; L. 2006, ch. 194, § 3; May 25.
Chapter 21.--CRIMES AND
PUNISHMENTS
Article 32.--PRINCIPLES
OF CRIMINAL LIABILITY
21-3212. Use of force in
defense of dwelling; no duty to retreat. (a) A person is justified
in the use of force against another when and to the extent that it appears to
such person and such person reasonably believes that such force is necessary to
prevent or terminate such other's unlawful entry into or attack upon such
person's dwelling or occupied vehicle.
(b) A person is justified in the use of deadly force to
prevent or terminate unlawful entry into or attack upon any dwelling or
occupied vehicle if such person reasonably believes deadly force is necessary
to prevent imminent death or great bodily harm to such person or another.
(c) Nothing in this section shall require a person to
retreat if such person is using force to protect such person's dwelling or
occupied vehicle.
History: L. 1969, ch.
180, § 21-3212; L. 2006, ch. 194, § 4; May 25.
Chapter 21.--CRIMES AND
PUNISHMENTS
Article 32.--PRINCIPLES
OF CRIMINAL LIABILITY
21-3213. Use of force in
defense of property other than a dwelling. A person who is lawfully
in possession of property other than a dwelling is justified in the threat or
use of force against another for the purpose of preventing or terminating an
unlawful interference with such property. Only such degree of force or threat
thereof as a reasonable man would deem necessary to prevent or terminate the
interference may intentionally be used.
History: L. 1969, ch.
180, § 21-3213;
21-3214
Chapter 21.--CRIMES AND PUNISHMENTS
Article 32.--PRINCIPLES OF CRIMINAL LIABILITY
21-3214. Use of force by an aggressor. The justification described in sections 21-3211, 21-3212, and 21-3213, is not available to a person who:
(1) Is attempting to commit, committing, or escaping from the commission of a forcible felony; or
(2) Initially provokes the use of force against himself or another, with intent to use such force as an excuse to inflict bodily harm upon the assailant; or
(3) Otherwise initially provokes the use of force against himself or another, unless:
(a) He has reasonable ground to believe that he is in imminent danger of death or great bodily harm, and he has exhausted every reasonable means to escape such danger other than the use of force which is likely to cause death or great bodily harm to the assailant; or
(b) In good faith, he withdraws from physical contact with the assailant and indicates clearly to the assailant that he desires to withdraw and terminate the use of force, but the assailant continues or resumes the use of force.
History: L. 1969, ch. 180,
§ 21-3214;
Chapter 22.--CRIMINAL
PROCEDURE
Article 24.--ARREST
22-2403. Arrest by private
person. A person who is not a law enforcement officer may arrest
another person when:
(1) A felony has been or is being committed and the person
making the arrest has probable cause to believe that the arrested person is
guilty thereof; or
(2) any crime, other than a
traffic infraction or a cigarette or tobacco infraction, has been or is being
committed by the arrested person in the view of the person making the arrest.
History: L. 1970, ch.
129, § 22-2403; L. 1984, ch. 39, § 38; L. 1996, ch. 214, § 30; July 1.
Chapter 22.--CRIMINAL
PROCEDURE
Article 24.--ARREST
22-2405. Method of arrest.
(1) An arrest is made by an actual restraint of the person arrested or by his
submission to custody.
(2) An arrest may be made on any day and at any time of
the day or night.
(3) All necessary and reasonable force may be used to effect an entry upon any building or property or part
thereof to make an authorized arrest.
History: L. 1970, ch.
129, § 22-2405; July 1.
Next
22-2407
Chapter 22.--CRIMINAL PROCEDURE
Article 24.--ARREST
22-2407. Assisting law enforcement officer. (1) A law enforcement officer making an arrest may command the assistance of any person who may be in the vicinity.
(2) A person commanded to assist a law enforcement officer shall have the same authority to arrest as the officer who commands his assistance.
(3) A person commanded to assist a law enforcement officer in making an arrest shall not be civilly or criminally liable for any reasonable conduct in aid of the officer or any acts expressly directed by the officer.
History: L. 1970, ch. 129, § 22-2407; July 1.
Previous Next
22-2512
Chapter 22.--CRIMINAL PROCEDURE
Article 25.--SEARCH AND SEIZURE
22-2512. Custody and disposition of property seized. (1) Property seized under a search warrant or validly seized without a warrant shall be safely kept by the officer seizing the same unless otherwise directed by the magistrate, and shall be so kept as long as necessary for the purpose of being produced as evidence on any trial. The property seized may not be taken from the officer having it in custody so long as it is or may be required as evidence in any trial. The officer seizing the property shall give a receipt to the person detained or arrested particularly describing each article of property being held and shall file a copy of such receipt with the magistrate before whom the person detained or arrested is taken. Where seized property is no longer required as evidence in the prosecution of any indictment or information, the court which has jurisdiction of such property may transfer the same to the jurisdiction of any other court, including courts of another state or federal courts, where it is shown to the satisfaction of the court that such property is required as evidence in any prosecution in such other court.
(2) (a) Notwithstanding the provisions of subsection (1) and with the approval of the affected court, any law enforcement officer who seizes hazardous materials as evidence related to a criminal investigation may collect representative samples of such hazardous materials, and lawfully destroy or dispose of, or direct another person to lawfully destroy or dispose of the remaining quantity of such hazardous materials.
(b) In any prosecution, representative samples of hazardous materials accompanied by photographs, videotapes, laboratory analysis reports or other means used to verify and document the identity and quantity of the material shall be deemed competent evidence of such hazardous materials and shall be admissible in any proceeding, hearing or trial as if such materials had been introduced as evidence.
(c) As used in this section, the term "hazardous materials" means any substance which is capable of posing an unreasonable risk to health, safety and property. It shall include any substance which by its nature is explosive, flammable, corrosive, poisonous, radioactive, a biological hazard or a material which may cause spontaneous combustion. It shall include, but not be limited to, substances listed in the table of hazardous materials contained in the code of federal regulations title 49 and national fire protection association's fire protection guide on hazardous materials.
(d) The provisions of this subsection shall not apply to ammunition and components thereof.
(3) When property seized is no longer required as evidence, it shall be disposed of as follows:
(a) Property stolen, embezzled, obtained by false pretenses, or otherwise obtained unlawfully from the rightful owner thereof shall be restored to the owner;
(b) money shall be restored to the owner unless it was contained in a slot machine or otherwise used in unlawful gambling or lotteries, in which case it shall be forfeited, and shall be paid to the state treasurer pursuant to K.S.A. 20-2801, and amendments thereto;
(c) property which is unclaimed or the ownership of which is unknown shall be sold at public auction to be held by the sheriff and the proceeds, less the cost of sale and any storage charges incurred in preserving it, shall be paid to the state treasurer pursuant to K.S.A. 20-2801, and amendments thereto;
(d) articles of contraband shall be destroyed, except that any such articles the disposition of which is otherwise provided by law shall be dealt with as so provided and any such articles the disposition of which is not otherwise provided by law and which may be capable of innocent use may in the discretion of the court be sold and the proceeds disposed of as provided in subsection (2)(b);
(e) firearms, ammunition, explosives, bombs and like devices, which have been used in the commission of crime, may be returned to the rightful owner, or in the discretion of the court having jurisdiction of the property, destroyed or forfeited to the Kansas bureau of investigation as provided in K.S.A. 21-4206 and amendments thereto;
(f) controlled substances forfeited under the uniform controlled substances act shall be dealt with as provided under K.S.A. 60-4101 through 60-4126 and amendments thereto;
(g) unless otherwise provided by law, all other property shall be disposed of in such manner as the court in its sound discretion shall direct.
History: L. 1970, ch. 129, § 22-2512; L. 1973, ch. 106, § 15; L. 1978, ch. 105, § 7; L. 1987, ch. 114, § 1; L. 1994, ch. 348, § 6; L. 1996, ch. 247, § 1; L. 1999, ch. 170, § 2; July 1.
Chapter 21.--CRIMES AND
PUNISHMENTS
PART II.--PROHIBITED
CONDUCT
Article 34.--CRIMES
AGAINST PERSONS
21-3403. Voluntary
manslaughter. Voluntary manslaughter is the intentional killing of a
human being committed:
(a) Upon a sudden quarrel or in the heat of passion; or
(b) upon an unreasonable but
honest belief that circumstances existed that justified deadly force under
K.S.A. 21-3211, 21-3212 or 21-3213 and amendments thereto.
Voluntary manslaughter is a severity level 3, person felony.
History: L. 1969, ch.
180, § 21-3403; L. 1992, ch. 298, § 5; L. 1993, ch. 291, § 20; July 1.
Chapter 21.--CRIMES AND
PUNISHMENTS
PART II.--PROHIBITED
CONDUCT
Article 34.--CRIMES
AGAINST PERSONS
21-3404. Involuntary
manslaughter. Involuntary manslaughter is the unintentional killing of a
human being committed:
(a) Recklessly;
(b) in the commission of, or attempt to commit, or flight
from any felony, other than an inherently dangerous felony as defined in K.S.A.
21-3436 and amendments thereto, that is enacted for the protection of human
life or safety or a misdemeanor that is enacted for the protection of human
life or safety, including acts described in K.S.A. 8-1566 and subsection (a) of
8-1568, and amendments thereto, but excluding the acts described in K.S.A.
8-1567 and amendments thereto; or
(c) during the commission of a
lawful act in an unlawful manner.
Involuntary manslaughter is a severity level 5, person felony.
History: L. 1969, ch.
180, § 21-3404; L. 1979, ch. 90, § 3; L. 1982, ch. 132, § 2; L. 1992, ch. 298, §
6; L. 1993, ch. 291, § 21; L. 1996, ch. 158, § 2; L. 2005, ch. 59, §
1; July 1.
Chapter 21.--CRIMES AND
PUNISHMENTS
PART II.--PROHIBITED
CONDUCT
Article 34.--CRIMES
AGAINST PERSONS
21-3408. Assault.
Assault is intentionally placing another person in reasonable apprehension of
immediate bodily harm.
Assault is a class C person misdemeanor.
History: L. 1969, ch.
180, § 21-3408; L. 1992, ch. 298, § 9; L. 1994, ch. 291, § 22; July 1.
Chapter 21.--CRIMES AND
PUNISHMENTS
PART II.--PROHIBITED
CONDUCT
Article 34.--CRIMES
AGAINST PERSONS
21-3409. Assault of a law
enforcement officer. (a) Assault of a law enforcement officer is an
assault, as defined in K.S.A. 21-3408 and amendments thereto:
(1) Committed against a uniformed or properly identified
state, county or city law enforcement officer while such officer is engaged in
the performance of such officer's duty; or
(2) committed against a uniformed
or properly identified university or campus police officer while such officer
is engaged in the performance of such officer's duty.
(b) Assault of a law enforcement officer is a class A person misdemeanor.
History: L. 1969, ch.
180, § 21-3409; L. 1992, ch. 239, § 46; L. 1993, ch. 291, § 24; L. 2004, ch. 48, §
2; July 1
Chapter 21.--CRIMES AND
PUNISHMENTS
PART II.--PROHIBITED
CONDUCT
Article 34.--CRIMES
AGAINST PERSONS
21-3410. Aggravated assault.
Aggravated assault is an assault, as defined in K.S.A. 21-3408 and amendments
thereto, committed:
(a) With a deadly weapon;
(b) while disguised in any manner
designed to conceal identity; or
(c) with intent to commit any
felony.
Aggravated assault is a severity level 7, person felony. A person
convicted of aggravated assault shall be subject to the provisions of
subsection (h) of K.S.A. 21-4704 and amendments thereto.
History: L. 1969, ch.
180, § 21-3410; L. 1992, ch. 298, § 10; L. 1993, ch. 291, § 25; July 1.
Chapter 21.--CRIMES AND
PUNISHMENTS
PART II.--PROHIBITED
CONDUCT
Article 34.--CRIMES
AGAINST PERSONS
21-3411. Aggravated assault of
a law enforcement officer. (a) Aggravated assault of a law
enforcement officer is an aggravated assault, as defined in K.S.A. 21-3410 and
amendments thereto:
(1) Committed against a uniformed or properly identified
state, county or city law enforcement officer while such officer is engaged in
the performance of such officer's duty; or
(2) committed against a uniformed
or properly identified university or campus police officer while such officer
is engaged in the performance of such officer's duty.
(b) Aggravated assault of a law enforcement officer is a
severity level 6, person felony. A person convicted of aggravated assault of a
law enforcement officer shall be subject to the provisions of subsection (g) of
K.S.A. 21-4704, and amendments thereto.
History: L. 1969, ch.
180, § 21-3411; L. 1992, ch. 239, § 48; L. 1993, ch. 291, § 26; L. 2004, ch. 48, §
3; July 1.
21-3412
Chapter 21.--CRIMES AND PUNISHMENTS
PART II.--PROHIBITED CONDUCT
Article 34.--CRIMES AGAINST PERSONS
21-3412.
(1) Intentionally or recklessly causing bodily harm to another person; or
(2) intentionally causing physical contact with another person when done in a rude, insulting or angry manner.
(b)
History: L. 1969, ch. 180, § 21-3412; L. 1992, ch. 298, § 11; L. 1993, ch. 291, § 27; L. 1996, ch. 211, § 4; L. 1996, ch. 258, § 13; L. 2001, ch. 177, § 6; July 1.
Chapter 21.--CRIMES AND
PUNISHMENTS
PART II.--PROHIBITED
CONDUCT
Article 34.--CRIMES
AGAINST PERSONS
21-3412a. Domestic battery.
(a) Domestic battery is:
(1) Intentionally or recklessly causing bodily harm by a
family or household member against a family or household member; or
(2) intentionally causing
physical contact with a family or household member by a family or household
member when done in a rude, insulting or angry manner.
(b) (1) Upon a first conviction of a violation of domestic
battery, a person shall be guilty of a class B person misdemeanor and sentenced
to not less than 48 consecutive hours nor more than six months' imprisonment
and fined not less than $200, nor more than $500 or in the court's discretion
the court may enter an order which requires the person enroll in and
successfully complete a domestic violence prevention program.
(2) If, within five years immediately preceding commission
of the crime, a person is convicted of a violation of domestic battery a second
time, such person shall be guilty of a class A person
misdemeanor and sentenced to not less than 90 days nor more than one year's
imprisonment and fined not less than $500 nor more than $1,000. The five days'
imprisonment mandated by this subsection may be served in a work release
program only after such person has served 48 consecutive hours' imprisonment,
provided such work release program requires such person to return to
confinement at the end of each day in the work release program. The person
convicted must serve at least five consecutive days' imprisonment before the
person is granted probation, suspension or reduction of sentence or parole or
is otherwise released. As a condition of any grant of probation, suspension of
sentence or parole or of any other release, the person shall be required to
enter into and complete a treatment program for domestic violence prevention.
(3) If, within five years immediately preceding commission
of the crime, a person is convicted of a violation of domestic battery a third
or subsequent time, such person shall be guilty of a person felony and
sentenced to not less than 90 days nor more than one
year's imprisonment and fined not less than $1,000 nor more than $2,500. The
person convicted shall not be eligible for release on probation, suspension or
reduction of sentence or parole until the person has served at least 90 days'
imprisonment. The court shall require as a condition of parole that such person
enter into and complete a treatment program for domestic violence. If the
person does not enter into and complete a treatment program for domestic
violence, the person shall serve not less than 180 days nor
more than one year's imprisonment. The 90 days' imprisonment mandated by this
subsection may be served in a work release program only after such person has
served 48 consecutive hours' imprisonment, provided such work release program
requires such person to return to confinement at the end of each day in the
work release program.
(c) As used in this section:
(1) Family or household member means persons 18 years of
age or older who are spouses, former spouses, parents or stepparents and
children or stepchildren, and persons who are presently residing together or
who have resided together in the past, and persons who have a child in common
regardless of whether they have been married or who have lived together at any
time. Family or household member also includes a man and woman if the woman is
pregnant and the man is alleged to be the father, regardless of whether they
have been married or have lived together at any time; and
(2) for the purpose of
determining whether a conviction is a first, second, third or subsequent
conviction in sentencing under this section:
(A) "Conviction" includes being convicted of a
violation of this section or entering into a diversion or deferred judgment
agreement in lieu of further criminal proceedings on a complaint alleging a
violation of this section;
(B) "conviction" includes being convicted of a
violation of a law of another state, or an ordinance of any city, or resolution
of any county, which prohibits the acts that this section prohibits or entering
into a diversion or deferred judgment agreement in lieu of further criminal
proceedings in a case alleging a violation of such law, ordinance or
resolution;
(C) only convictions occurring in the immediately
preceding five years including prior to the effective date of this act shall be
taken into account, but the court may consider other prior convictions in
determining the sentence to be imposed within the limits provided for a first,
second, third or subsequent offender, whichever is applicable; and
(D) it is irrelevant whether an
offense occurred before or after conviction for a previous offense.
(E) A person may enter into a diversion agreement in lieu
of further criminal proceedings for a violation of this section or an ordinance
of any city or resolution of any county which prohibits the acts that this
section prohibits only twice during any three-year period.
History: L. 2001, ch.
177, § 5; L. 2006, ch. 212, § 24; July 1.
Chapter 21.--CRIMES AND
PUNISHMENTS
PART II.--PROHIBITED
CONDUCT
Article 34.--CRIMES
AGAINST PERSONS
21-3414. Aggravated battery.
(a) Aggravated battery is:
(1) (A) Intentionally causing great bodily harm to another
person or disfigurement of another person; or
(B) intentionally causing bodily
harm to another person with a deadly weapon, or in any manner whereby great
bodily harm, disfigurement or death can be inflicted; or
(C) intentionally causing
physical contact with another person when done in a rude, insulting or angry
manner with a deadly weapon, or in any manner whereby great bodily harm,
disfigurement or death can be inflicted; or
(2) (A) recklessly causing great bodily harm to another
person or disfigurement of another person; or
(B) recklessly causing bodily
harm to another person with a deadly weapon, or in any manner whereby great
bodily harm, disfigurement or death can be inflicted.
(b) Aggravated battery as described in subsection (a)(1)(A) is a severity level 4, person felony. Aggravated
battery as described in subsections (a)(1)(B) and
(a)(1)(C) is a severity level 7, person felony. Aggravated battery as described
in subsection (a)(2)(A) is a severity level 5, person
felony. Aggravated battery as described in subsection (a)(2)(B)
is a severity level 8, person felony. A person convicted of aggravated battery
shall be subject to the provisions of subsection (h) of K.S.A. 21-4704 and
amendments thereto.
History: L. 1969, ch.
180, § 21-3414; L. 1992, ch. 298, § 12; L. 1993, ch. 291, § 29; July 1.
Chapter 21.--CRIMES AND
PUNISHMENTS
PART II.--PROHIBITED
CONDUCT
Article 34.--CRIMES
AGAINST PERSONS
21-3419. Criminal threat.
(a) A criminal threat is any threat to:
(1) Commit violence communicated with intent to terrorize
another, or to cause the evacuation of any building, place of assembly or
facility of transportation, or in reckless disregard of the risk of causing
such terror or evacuation;
(2) adulterate or contaminate any
food, raw agricultural commodity, beverage, drug, animal feed, plant or public
water supply; or
(3) expose any animal in this
state to any contagious or infectious disease.
(b) A criminal threat is a severity level 9, person
felony.
(c) As used in this section, "threat" includes
any statement that one has committed any action described by subsection (a)(1) or (2).
History: L. 1969, ch.
180, § 21-3419; L. 1984, ch. 116, § 1; L. 1992, ch. 298, § 14; L. 1993, ch. 291,
§ 32; L. 2002, ch. 88, § 3; May 2
Chapter 21.--CRIMES AND
PUNISHMENTS
PART II.--PROHIBITED
CONDUCT
Article 34.--CRIMES
AGAINST PERSONS
21-3419a. Aggravated criminal threat. (a) Aggravated
criminal threat is the commission of one or more crimes of criminal threat, as
defined in K.S.A. 21-3419 and amendments thereto, when a public, commercial or
industrial building, place of assembly or facility of transportation is
evacuated as a result of the threat or threats.
(b) Aggravated criminal threat is a severity level 6,
person felony when the loss of productivity measured by the total wages and
salaries of all persons evacuated as a result of the threat or threats for the period of evacuation is less than $500.
(c) Aggravated criminal threat is a severity level 5,
person felony when the loss of productivity measured by the total wages and
salaries of all persons evacuated as a result of the threat or threats for the period of evacuation is at least $500 but
less than $25,000.
(d) Aggravated criminal threat is a severity level 4,
person felony when the loss of productivity measured by the total wages and
salaries of all persons evacuated as a result of the threat or threats for the
period of evacuation equals or exceeds $25,000.
History: L. 1997, ch.
181, § 1; May 29.
Chapter 21.--CRIMES AND
PUNISHMENTS
PART II.--PROHIBITED
CONDUCT
Article 34.--CRIMES
AGAINST PERSONS
21-3424. Criminal restraint.
(a) Criminal restraint is knowingly and without legal authority restraining
another person so as to interfere substantially with such person's liberty.
(b) This section shall not apply to acts done in the
performance of duty by any law enforcement officer of the state of
(c) Any merchant, or a merchant's agent or employee, who
has probable cause to believe that a person has actual possession of and has
wrongfully taken, or is about to wrongfully take merchandise from a mercantile
establishment, may detain such person on the premises or in the immediate
vicinity thereof, in a reasonable manner and for a reasonable period of time
for the purpose of investigating the circumstances of such possession. Such
reasonable detention shall not constitute an arrest nor
criminal restraint.
Criminal restraint is a class A person
misdemeanor.
History: L. 1969, ch.
180, § 21-3424; L. 1992, ch. 298, § 15; L. 1993, ch. 291, § 38; July 1.
Chapter 21.--CRIMES AND
PUNISHMENTS
PART II.--PROHIBITED
CONDUCT
Article 42.--CRIMES
AGAINST THE PUBLIC SAFETY
21-4201. Criminal use of
weapons. (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, commonly referred to as a switch-blade, which has
a blade that opens automatically 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, slungshot,
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 suppressing the
report of any firearm;
(7) selling, manufacturing, purchasing, possessing or
carrying a shotgun with a barrel less than 18 inches in length or any other
firearm designed to discharge or capable of discharging automatically more than
once by a single function of the trigger; or
(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.
(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 keepers 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 duties of their employment;
(2) licensed hunters or fishermen, while engaged in
hunting or fishing;
(3) private detectives licensed
by the state to carry the firearm involved, while actually engaged in the
duties of their employment;
(4) detectives or special agents
regularly employed by railroad companies or other corporations to perform
full-time security or investigative service, while actually engaged in the
duties of their employment;
(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; or
(6) special deputy sheriffs
described in K.S.A. 2006 Supp. 19-827, and amendments thereto, who have
satisfactorily completed the basic course of instruction required for permanent
appointment as a part-time law enforcement officer under K.S.A. 74-5607a 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 et seq. 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) Subsection (a)(6) shall not
apply to a law enforcement officer who is:
(1) Assigned by the head of such officer's law enforcement
agency to a tactical unit which receives specialized, regular
training;
(2) designated by the head of
such officer's law enforcement agency to possess devices described in
subsection (a)(6); and
(3) in possession of commercially manufactured devices
which are: (A) Owned by the law enforcement agency; (B) in such officer's
possession only during specific operations; and (C) approved by the bureau of
alcohol, tobacco, firearms and explosives of the United States department of
justice.
(g) Subsections (a)(6), (7) and (8) shall not apply to any
person employed by a laboratory which is certified by the United States
department of justice, national institute of justice, while actually engaged in
the duties of their employment and on the premises of such certified
laboratory. Subsections (a)(6), (7) and (8) shall not
affect the manufacture of, transportation to or sale of weapons to such
certified laboratory.
(h) Subsection (a)(4) shall not
apply to any person carrying a concealed weapon as authorized by K.S.A. 2006
Supp. 75-7c01 through 75-7c17, and amendments thereto.
(i) It shall be a defense that
the defendant is within an exemption.
(j) Violation of subsections (a)(1)
through (a)(5) is a class A nonperson misdemeanor.
Violation of subsection (a)(6), (a)(7) or (a)(8) is a
severity level 9, nonperson felony.
(k) 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,
manufactured for use as a weapon for throwing.
History: L. 1969, ch.
180, § 21-4201; L. 1978, ch. 365, § 1; L. 1981, ch. 145, § 1; L. 1982, ch. 135, §
2; L. 1982, ch. 136, § 1; L. 1986, ch. 126, § 1; L. 1992, ch. 298, §
67; L. 1993, ch. 291, § 146; L. 1996, ch. 149, § 4; L. 1999, ch. 164, §
12; L. 2002, ch. 123, § 3; L. 2004, ch. 83, § 1; L. 2006, ch. 32, §
20; July 1.
Chapter 21.--CRIMES AND
PUNISHMENTS
PART II.--PROHIBITED
CONDUCT
Article 42.--CRIMES
AGAINST THE PUBLIC SAFETY
21-4203. Criminal disposal of
firearms. (a) Criminal disposal of firearms is knowingly:
(1) Selling, giving or otherwise transferring any firearm
with a barrel less than 12 inches long to any person under 18 years of age;
(2) selling, giving or otherwise
transferring any firearms to any person who is both addicted to and an unlawful
user of a controlled substance;
(3) selling, giving or otherwise transferring any firearm
to any person who, within the preceding five years, has been convicted of a
felony, other than those specified in subsection (b), under the laws of this or
any other jurisdiction or has been released from imprisonment for a felony and
was found not to have been in possession of a firearm at the time of the
commission of the offense;
(4) selling, giving or otherwise transferring any firearm
to any person who, within the preceding 10 years, has been convicted of a
felony to which this subsection applies, but was not found to have been in the
possession of a firearm at the time of the commission of the offense, or has
been released from imprisonment for such a crime, and has not had the
conviction of such crime expunged or been pardoned for such crime;
(5) selling, giving or otherwise transferring any firearm
to any person who has been convicted of a felony under the laws of this or any
other jurisdiction and was found to have been in possession of a firearm at the
time of the commission of the offense; or
(6) selling, giving or otherwise transferring any firearm
to any person who is or has been a mentally ill person subject to involuntary
commitment for care and treatment, as defined in K.S.A. 59-2946, and amendments
thereto, or a person with an alcohol or substance abuse problem subject to
involuntary commitment for care and treatment as defined in K.S.A. 59-29b46,
and amendments thereto, and such person has not received a certificate of
restoration pursuant to K.S.A. 2006 Supp. 75-7c26, and amendments thereto.
(b) Subsection (a)(4) shall apply to a felony under K.S.A.
21-3401, 21-3402, 21-3403, 21-3404, 21-3410, 21-3411, 21-3414, 21-3415,
21-3419, 21-3420, 21-3421, 21-3427, 21-3502, 21-3506, 21-3518, 21-3716,
65-4127a or 65-4127b, or 65-4160 through 65-4164 or K.S.A. 2006 Supp. 21-3442,
and amendments thereto, or a crime under a law of another jurisdiction which is
substantially the same as such felony.
(c) Criminal disposal of firearms is a class A nonperson misdemeanor.
History: L. 1969, ch.
180, § 21-4203; L. 1990, ch. 102, § 1; L. 1992, ch. 298, § 69; L. 1993, ch. 291,
§ 148; L. 1994, ch. 348, § 3; L. 1996, ch. 158, § 3; L.
Chapter 21.--CRIMES AND
PUNISHMENTS
PART II.--PROHIBITED
CONDUCT
Article 42.--CRIMES
AGAINST THE PUBLIC SAFETY
21-4204. Criminal possession
of a firearm. (a) Criminal possession of a firearm is:
(1) Possession of any firearm by a person who is both
addicted to and an unlawful user of a controlled substance;
(2) possession of any firearm by a person who has been
convicted of a person felony or a violation of any provision of the uniform
controlled substances act under the laws of Kansas or a crime under a law of
another jurisdiction which is substantially the same as such felony or
violation, or was adjudicated a juvenile offender because of the commission of
an act which if done by an adult would constitute the commission of a person
felony or a violation of any provision of the uniform controlled substances
act, and was found to have been in possession of a firearm at the time of the
commission of the offense;
(3) possession of any firearm by a person who, within the
preceding five years has been convicted of a felony, other than those specified
in subsection (a)(4)(A), under the laws of Kansas or a crime under a law of
another jurisdiction which is substantially the same as such felony, has been
released from imprisonment for a felony or was adjudicated as a juvenile
offender because of the commission of an act which if done by an adult would
constitute the commission of a felony, and was found not to have been in possession
of a firearm at the time of the commission of the offense;
(4) possession of any firearm by a person who, within the
preceding 10 years, has been convicted of: (A) A felony under K.S.A. 21-3401,
21-3402, 21-3403, 21-3404, 21-3410, 21-3411, 21-3414, 21-3415, 21-3419,
21-3420, 21-3421, 21-3427, 21-3502, 21-3506, 21-3518, 21-3716, 65-4127a or
65-4127b, or 65-4160 through 65-4164 or K.S.A. 2006 Supp. 21-3442, and
amendments thereto, or a crime under a law of another jurisdiction which is
substantially the same as such felony, has been released from imprisonment for
such felony, or was adjudicated as a juvenile offender because of the
commission of an act which if done by an adult would constitute the commission
of such felony, was found not to have been in possession of a firearm at the
time of the commission of the offense, and has not had the conviction of such
crime expunged or been pardoned for such crime; or (B) a nonperson
felony under the laws of Kansas or a crime under the laws of another jurisdiction
which is substantially the same as such nonperson
felony, has been released from imprisonment for such nonperson
felony or was adjudicated as a juvenile offender because of the commission of
an act which if done by an adult would constitute the commission of a nonperson felony, and was found to have been in possession
of a firearm at the time of the commission of the offense;
(5) possession of any firearm by any person, other than a
law enforcement officer, in or on any school property or grounds upon which is
located a building or structure used by a unified school district or an
accredited nonpublic school for student instruction or attendance or
extracurricular activities of pupils enrolled in kindergarten or any of the
grades 1 through 12 or at any regularly scheduled school sponsored activity or
event;
(6) refusal to surrender or immediately remove from school
property or grounds or at any regularly scheduled school sponsored activity or
event any firearm in the possession of any person, other than a law enforcement
officer, when so requested or directed by any duly authorized school employee
or any law enforcement officer; or
(7) possession of any firearm by a person who is or has
been a mentally ill person subject to involuntary commitment for care and
treatment, as defined in K.S.A. 59-2946, and amendments thereto, or persons
with an alcohol or substance abuse problem subject to involuntary commitment
for care and treatment as defined in K.S.A. 59-29b46, and amendments thereto.
(b) Subsection (a)(5) shall not
apply to:
(1) Possession of any firearm in connection with a
firearms safety course of instruction or firearms education course approved and
authorized by the school;
(2) any possession of any firearm
specifically authorized in writing by the superintendent of any unified school
district or the chief administrator of any accredited nonpublic school;
(3) possession of a firearm secured in a motor vehicle by
a parent, guardian, custodian or someone authorized to act in such person's
behalf who is delivering or collecting a student; or
(4) possession of a firearm secured in a motor vehicle by
a registered voter who is on the school grounds, which contain a polling place
for the purpose of voting during polling hours on an election day.
(c) Subsection (a)(7) shall not
apply to a person who has received a certificate of restoration pursuant to
K.S.A. 2006 Supp. 75-7c26, and amendments thereto.
(d) Violation of subsection (a)(1) or (a)(5) is a class B nonperson select misdemeanor; violation of subsection
(a)(2), (a)(3), (a)(4) or (a)(7) is a severity level 8, nonperson
felony; violation of subsection (a)(6) is a class A nonperson
misdemeanor.
History: L. 1969, ch.
180, § 21-4204; L. 1970, ch. 124, § 8; L. 1990, ch. 102, § 2; L. 1991, ch. 85, §
1; L. 1992, ch. 298, § 70; L. 1993, ch. 291, § 149; L. 1994, ch. 348,
§ 4; L. 1995, ch. 92, § 2; L. 1996, ch. 158, § 4; L. 2006, ch. 210, §
14; Jan. 1, 2007.
Chapter 21.--CRIMES AND
PUNISHMENTS
PART II.--PROHIBITED
CONDUCT
Article 42.--CRIMES
AGAINST THE PUBLIC SAFETY
21-4204a. Criminal possession
of firearm by a juvenile. (a) Criminal possession of a firearm by a
juvenile is knowingly possessing a firearm with a
barrel less than 12 inches long by any person less than 18 years of age.
(b) Criminal possession of a firearm by a juvenile is a
class A nonperson
misdemeanor. A second or subsequent violation is a severity level 8, nonperson felony.
(c) It shall be a defense to a prosecution of criminal
possession of a firearm by a juvenile if such person less than 18 years of age
was:
(1) In attendance at a hunter's safety course or a
firearms safety course;
(2) engaging in practice in the
use of such firearm or target shooting at an established range authorized by
the governing body of the jurisdiction in which such range is located;
(3) engaging in an organized competition involving the use
of such firearm, or participating in or practicing for a performance by an
organization exempt from federal income tax pursuant to section 501(c)(3) of
the internal revenue code of 1986 which uses firearms as a part of such
performance;
(4) hunting or trapping pursuant
to a valid license issued to such person pursuant to article 9 of chapter 32 of
the Kansas Statutes Annotated and amendments thereto;
(5) traveling with any such firearm in such person's
possession being unloaded to or from any activity described in paragraphs (1)
through (4), only if such firearm is secured, unloaded and outside the
immediate access of such person;
(6) on real property under the control of such person's
parent, legal guardian or grandparent and who has the permission of such
parent, legal guardian or grandparent to possess such firearm; or
(7) at such person's residence
and who, with the permission of such person's parent or legal guardian,
possesses such firearm for the purpose of exercising the rights contained in
K.S.A. 21-3211, 21-3212 or 21-3213 and amendments thereto.
(d) This section shall be part of and supplemental to the
History: L. 1994, ch.
270, § 1; July 1.
Chapter 21.--CRIMES AND
PUNISHMENTS
PART II.--PROHIBITED
CONDUCT
Article 42.--CRIMES
AGAINST THE PUBLIC SAFETY
21-4205. Defacing identification marks of a
firearm. (a) Defacing identification marks of a firearm is the intentional
changing, altering, removing or obliterating the name of the maker, model,
manufacturer's number or other mark of identification of any firearm.
(b) Possession of any firearm upon which any such mark
shall have been intentionally changed, altered, removed or obliterated shall be
prima facie evidence that the possessor has changed, altered, or obliterated
the same.
(c) Defacing identification marks of a firearm is a class
B nonperson misdemeanor.
History: L. 1969, ch.
180, § 21-4205; L. 1992, ch. 239, § 203; L. 1993, ch. 291, § 150; July 1.
Chapter 21.--CRIMES AND
PUNISHMENTS
PART II.--PROHIBITED
CONDUCT
Article 42.--CRIMES
AGAINST THE PUBLIC SAFETY
21-4217. Criminal discharge of
a firearm. (a) Criminal discharge of a firearm is the discharge of
any firearm:
(1) Upon any land or nonnavigable
body of water of another, without having obtained permission of the owner or
person in possession of such land; or
(2) upon or from any public road, public road right-of-way
or railroad right-of-way that adjoins land of another without having first
obtained permission of the owner or person in possession of such land.
(b) This section shall not apply to 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 keepers 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
(4) watchmen, while actually
engaged in the performance of the duties of their employment;
(5) private detectives licensed
by the state to carry the firearm involved, while actually engaged in the
duties of their employment;
(6) detectives or special agents
regularly employed by railroad companies or other corporations to perform
full-time security or investigative service, while actually engaged in the
duties of their employment; or
(7) 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.
(c) Criminal discharge of a firearm is a class C
misdemeanor.
History: L. 1986, ch.
126, § 2; L. 1992, ch. 298, § 73;
Chapter 21.--CRIMES AND
PUNISHMENTS
PART II.--PROHIBITED
CONDUCT
Article 42.--CRIMES
AGAINST THE PUBLIC SAFETY
21-4218. Unauthorized
possession of a firearm on the grounds of or within certain state-owned or
leased buildings and county courthouses. (a) Possession of a firearm on the
grounds of or in the state capitol building, within the governor's residence,
on the grounds of or in any building on the grounds of the governor's
residence, within the state office building at 915 Harrison known as the
Docking state office building, within the state office building at 900 Jackson
known as the Landon state office building, within the Kansas judicial center at
301 West 10th, within any other state-owned or leased building if the secretary
of administration has so designated by rules and regulations and conspicuously
placed signs clearly stating that firearms are prohibited within such building,
and within any county courthouse, unless, by county resolution, the board of
county commissioners authorize the possession of a firearm within such courthouse,
is possession of a firearm by a person other than a commissioned law
enforcement officer, a full-time salaried law enforcement officer of another
state or the federal government who is carrying out official duties while in
this state, any person summoned by any such officer to assist in making arrests
or preserving the peace while actually engaged in assisting such officer or a
member of the military of this state or the United States engaged in the
performance of duties who brings a firearm into, or possesses a firearm within,
the state capitol building, any state legislative office, any office of the
governor or office of other state government elected official, any hearing room
in which any committee of the state legislature or either house thereof is conducting
a hearing, the governor's residence, on the grounds of or in any building on
the grounds of the governor's residence or the Landon state office building,
Docking state office building, Kansas judicial center, county courthouses
unless otherwise allowed, or any other state-owned or leased building, so
designated.
(b) It is not a violation of this section for the
governor, the governor's immediate family, or specifically authorized guests of
the governor to possess a firearm within the governor's residence or on the
grounds of or in any building on the grounds of the governor's residence.
(c) Violation of subsection (a) is a class A misdemeanor.
(d) This section shall be part of and supplemental to the
History: L. 1991, ch. 89,
§ 1; L. 1992, ch. 298, § 80; L. 1993, ch. 291, § 157; L. 2006, ch. 210,
§ 10; July 1.
Chapter 21.--CRIMES AND
PUNISHMENTS
PART II.--PROHIBITED
CONDUCT
Article 42.--CRIMES
AGAINST THE PUBLIC SAFETY
21-4219. Criminal discharge of
a firearm at an unoccupied dwelling; criminal discharge of a firearm at an
occupied building or occupied vehicle. (a) Criminal discharge of a
firearm at an unoccupied dwelling is the malicious, intentional and
unauthorized discharge of any firearm at an unoccupied dwelling.
Criminal discharge of a firearm at an unoccupied dwelling is a
severity level 8, person felony.
(b) Except as provided in K.S.A. 21-3411, and amendments
thereto, criminal discharge of a firearm at an occupied building or occupied
vehicle is the malicious, intentional and unauthorized discharge of a firearm
at a dwelling, building, structure, motor vehicle, aircraft, watercraft, train,
locomotive, railroad car, caboose, rail-mounted work equipment or rolling stock
or other means of conveyance of persons or property in which there is a human
being.
Criminal discharge of a firearm at an occupied building or
occupied vehicle is a severity level 7, person felony.
Criminal discharge of a firearm at an occupied building or
occupied vehicle which results in bodily harm to a person during the commission
thereof is a severity level 5, person felony.
Criminal discharge of a firearm at an occupied building or
occupied vehicle which results in great bodily harm to a person during the
commission thereof is a severity level 3, person felony.
(c) This section shall be part of and supplemental to the
History: L. 1992, ch. 21,
§ 1; L. 1993, ch. 291, § 158; L. 1994, ch. 348, § 17; L. 1996, ch. 30, §
4; L. 1996, ch. 258, § 9; July 1.
Next
21-4310
Chapter 21.--CRIMES AND PUNISHMENTS
PART II.--PROHIBITED CONDUCT
Article 43.--CRIMES AGAINST THE PUBLIC MORALS
21-4310. Cruelty to animals. (a) Cruelty to animals is:
(1) Intentionally and maliciously killing, injuring, maiming, torturing, burning or mutilating any animal;
(2) intentionally abandoning or leaving any animal in any place without making provisions for its proper care;
(3) having physical custody of any animal and intentionally failing to provide such food, potable water, protection from the elements, opportunity for exercise and other care as is needed for the health or well-being of such kind of animal;
(4) intentionally using a wire, pole, stick, rope or any other object to cause an equine to lose its balance or fall, for the purpose of sport or entertainment; or
(5) intentionally causing any physical injury other than the acts described in subsection (a)(1).
(b) The provisions of this section shall not apply to:
(1) Normal or accepted veterinary practices;
(2) bona fide experiments carried on by commonly recognized research facilities;
(3) killing, attempting to kill, trapping, catching or taking of any animal in accordance with the provisions of chapter 32 or chapter 47 of the Kansas Statutes Annotated;
(4) rodeo practices accepted by the rodeo cowboys' association;
(5) the humane killing of an animal which is diseased or disabled beyond recovery for any useful purpose, or the humane killing of animals for population control, by the owner thereof or the agent of such owner residing outside of a city or the owner thereof within a city if no animal shelter, pound or licensed veterinarian is within the city, or by a licensed veterinarian at the request of the owner thereof, or by any officer or agent of an incorporated humane society, the operator of an animal shelter or pound, a local or state health officer or a licensed veterinarian three business days following the receipt of any such animal at such society, shelter or pound;
(6) with respect to farm animals, normal or accepted practices of animal husbandry, including the normal and accepted practices for the slaughter of such animals for food or by-products and the careful or thrifty management of one's herd or animals, including animal care practices common in the industry or region;
(7) the killing of any animal by any person at any time which may be found outside of the owned or rented property of the owner or custodian of such animal and which is found injuring or posing a threat to any person, farm animal or property;
(8) an animal control officer trained by a licensed veterinarian in the use of a tranquilizer gun, using such gun with the appropriate dosage for the size of the animal, when such animal is vicious or could not be captured after reasonable attempts using other methods;
(9) laying an equine down for medical or identification purposes;
(10) normal or accepted practices of pest control, as defined in subsection (x) of K.S.A. 2-2438a, and amendments thereto; or
(11) accepted practices
of animal husbandry pursuant to regulations promulgated by the
(c) As used in this section:
(1) "Equine" means a horse, pony, mule, jenny, donkey or hinny.
(2) "Maliciously" means a state of mind characterized by actual evil-mindedness or specific intent to do a harmful act without a reasonable justification or excuse.
(d) (1) Cruelty to animals as described in subsection (a)(1) is a nonperson felony. Upon conviction of this subsection, a person shall be sentenced to not less than 30 days or more than one year's imprisonment and be fined not less than $500 nor more than $5,000. During the mandatory 30 days imprisonment, such offender shall have a psychological evaluation prepared for the court to assist the court in determining conditions of probation. Such conditions shall include, but not be limited to, the completion of an anger management program.
(2) The first conviction of cruelty to animals as described in subsection (a)(2), (a)(3), (a)(4) and (a)(5) is a class A nonperson misdemeanor. The second or subsequent conviction of cruelty to animals as described in subsection (a)(2), (a)(3), (a)(4) and (a)(5) is a non-person felony. Upon such conviction, a person shall be sentenced to not less than five days or more than one year's imprisonment.
(e) For purposes of this section, "animal" shall have the meaning ascribed to it in K.S.A. 21-4313, and amendments thereto.
History: L. 1969, ch. 180, § 21-4310; L. 1974, ch. 148, § 1; L. 1975, ch. 198, § 1; L. 1977, ch. 116, § 2; L. 1980, ch. 182, § 4; L. 1980, ch. 157, § 1; L. 1992, ch. 239, § 220; L. 1993, ch. 291, § 168; L. 1995, ch. 244, § 3; L. 1996, ch. 119, § 1; L. 2006, ch. 126, § 1; July 1.
Chapter 21.--CRIMES AND
PUNISHMENTS
PART
III.--CLASSIFICATION OF CRIMES AND SENTENCING
Article 46.--SENTENCING
21-4618. Mandatory imprisonment for crimes involving
firearms; crimes committed prior to
(b) When a court has sentenced a defendant as provided
above, the court shall state in the sentencing order of the judgment form or
journal entry, whichever is delivered with the defendant to the correctional
institution, that the defendant has been sentenced pursuant to this K.S.A.
21-4618 and amendments thereto based on a finding by the court that a firearm
was so used.
(c) The provisions of this section shall not apply to any
crime committed by a person where such application would result in a manifest
injustice.
(d) The provisions of this section shall not apply to any
crime committed on or after
History: L. 1976, ch.
168, § 1; L. 1979, ch. 94, § 1; L. 1979, ch. 90, § 6; L. 1980, ch. 104, §
3; L. 1986, ch. 123, § 15; L. 1989, ch. 92, § 26; L. 1992, ch. 239, §
246;
Chapter 22.--CRIMINAL
PROCEDURE
Article 24.--ARREST
22-2401. Arrest by law
enforcement officer. A law enforcement officer may arrest a person
under any of the following circumstances:
(a) The officer has a warrant commanding that the person
be arrested.
(b) The officer has probable cause to believe that a
warrant for the person's arrest has been issued in this state or in another
jurisdiction for a felony committed therein.
(c) The officer has probable cause to believe that the
person is committing or has committed:
(1) A felony; or
(2) a misdemeanor, and the law
enforcement officer has probable cause to believe that:
(A) The person will not be apprehended or evidence of the
crime will be irretrievably lost unless the person is immediately arrested;
(B) the person may cause injury
to self or others or damage to property unless immediately arrested; or
(C) the person has intentionally
inflicted bodily harm to another person.
(d) Any crime, except a traffic infraction or a cigarette
or tobacco infraction, has been or is being committed by the person in the
officer's view.
History: L. 1970, ch.
129, § 22-2401; L. 1984, ch. 127, § 2; L. 1984, ch. 39, § 37; L. 1996, ch. 214, §
29; July 1.
Chapter 22.--CRIMINAL
PROCEDURE
Article 24.--ARREST
22-2402. Stopping
of suspect. (1) Without making an arrest, a law enforcement officer may
stop any person in a public place whom such officer reasonably suspects is
committing, has committed or is about to commit a crime and may demand of the
name, address of such suspect and an explanation of such suspect's actions.
(2) When a law enforcement officer has stopped a person
for questioning pursuant to this section and reasonably suspects that such
officer's personal safety requires it, such officer may frisk such person for
firearms or other dangerous weapons. If the law enforcement officer finds a
firearm or weapon, or other thing, the possession of which may be a crime or
evidence of crime, such officer may take and keep it until the completion of
the questioning, at which time such officer shall either return it, if lawfully
possessed, or arrest such person.
History: L. 1970, ch.
129, § 22-2402; L. 1990, ch. 106, § 1; July 1.
22-2402
Chapter 22.--CRIMINAL PROCEDURE
Article 24.--ARREST
22-2402. Stopping of suspect. (1) Without making an arrest, a law enforcement officer may stop any person in a public place whom such officer reasonably suspects is committing, has committed or is about to commit a crime and may demand of the name, address of such suspect and an explanation of such suspect's actions.
(2) When a law enforcement officer has stopped a person for questioning pursuant to this section and reasonably suspects that such officer's personal safety requires it, such officer may frisk such person for firearms or other dangerous weapons. If the law enforcement officer finds a firearm or weapon, or other thing, the possession of which may be a crime or evidence of crime, such officer may take and keep it until the completion of the questioning, at which time such officer shall either return it, if lawfully possessed, or arrest such person.
History: L. 1970, ch. 129, § 22-2402; L. 1990, ch. 106, § 1; July 1.
Chapter 22.--CRIMINAL
PROCEDURE
Article 24.--ARREST
22-2403. Arrest by private
person. A person who is not a law enforcement officer may arrest
another person when:
(1) A felony has been or is being committed and the person
making the arrest has probable cause to believe that the arrested person is
guilty thereof; or
(2) any crime, other than a
traffic infraction or a cigarette or tobacco infraction, has been or is being
committed by the arrested person in the view of the person making the arrest.
History: L. 1970, ch.
129, § 22-2403; L. 1984, ch. 39, § 38; L. 1996, ch. 214, § 30; July 1.
Chapter 22.--CRIMINAL
PROCEDURE
Article 24.--ARREST
22-2407. Assisting law
enforcement officer. (1) A law enforcement officer making an arrest
may command the assistance of any person who may be in the vicinity.
(2) A person commanded to assist a law enforcement officer
shall have the same authority to arrest as the officer who commands his
assistance.
(3) A person commanded to assist a law enforcement officer
in making an arrest shall not be civilly or criminally liable for any
reasonable conduct in aid of the officer or any acts expressly directed by the
officer.
History: L. 1970, ch.
129, § 22-2407; July 1.
Chapter 75.--STATE
DEPARTMENTS; PUBLIC OFFICERS AND EMPLOYEES
Article 7c.--FIREARMS
75-7c01. Personal and family
protection act; citation of act. K.S.A. 2006 Supp. 75-7c01 through 75-7c18, and amendments thereto, shall be known and may be
cited as the personal and family protection act.
History: L. 2006, ch. 32,
§ 1; July 1.
Chapter 75.--STATE
DEPARTMENTS; PUBLIC OFFICERS AND EMPLOYEES
Article 7c.--FIREARMS
75-7c02. Definitions.
As used in the personal and family protection act:
(a) "Attorney general" means the attorney
general of the state of
(b) "Weapon" means handgun, pistol or revolver.
(c) "Athletic event" means athletic instruction,
practice or competition held at any location and including any number of
athletes.
History: L. 2006, ch. 32,
§ 2; July 1.
Chapter 75.--STATE
DEPARTMENTS; PUBLIC OFFICERS AND EMPLOYEES
Article 7c.--FIREARMS
75-7c03. License to carry concealed firearm;
issuance; form; display on demand of law enforcement officer; reciprocity.
(a) On and after
(b) The license, at the option of the licensee: (1) Shall
be a separate card, in a form prescribed by the attorney general, that is
approximately the size of a Kansas driver's license and shall bear the
licensee's signature, name, address, date of birth and driver's license number
or nondriver's identification card number; or (2)
shall be noted on the licensee's valid Kansas driver's license or valid Kansas nondriver's identification license or card. At all times
when the licensee is in actual possession of a concealed weapon, the licensee
shall carry the license to carry concealed weapons or a valid
The license of any person who violates the provisions of this
subsection shall be suspended for not less than 30 days upon the first
violation and shall be revoked for not less than five years upon the second or
a subsequent violation.
(c) A valid license, issued by any other state or the
District of Columbia, to carry concealed weapons shall be recognized as valid
in this state, but only while the holder is not a resident of Kansas, if the
attorney general determines that standards for issuance of such license or
permit by such state or district are equal to or greater than the standards
imposed by this act. The attorney general shall maintain and publish a list of
such states and district which the attorney general determines have standards
equal to or greater than the standards imposed by this act.
The provisions of this subsection shall take effect and be in
force from and after
History: L. 2006, ch. 32,
§ 3; L. 2006, ch. 210, § 1; July 1.
Chapter 75.--STATE
DEPARTMENTS; PUBLIC OFFICERS AND EMPLOYEES
Article 7c.--FIREARMS
75-7c04. Same;
qualifications; weapons safety and training course. (a) On and after
(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, residency to be determined
in accordance with K.S.A. 77-201, and amendments thereto;
(2) is 21 years or more of age;
(3) does not suffer from a
physical infirmity which prevents the safe handling of a weapon;
(4) has never been convicted or placed on diversion, in
this or any other jurisdiction, for an act that constitutes a felony under the
laws of this state or adjudicated, in this or any other jurisdiction, of
committing as a juvenile an act that would be a felony under the laws of this
state if committed by an adult;
(5) has not been, during the five years immediately
preceding the date the application is submitted: (A) Convicted or placed on
diversion, in this or any other jurisdiction, for an act that constitutes a
misdemeanor under the provisions of the uniform controlled substances act or
adjudicated, in this or any other jurisdiction, of committing as a juvenile an
act that would be a misdemeanor under such act if committed by an adult; (B)
convicted or placed on diversion, in this or any other jurisdiction, two or
more times for an act that constitutes a violation of K.S.A. 8-1567, and
amendments thereto; (C) convicted or placed on diversion, in this or any other
jurisdiction, for an act that constitutes a domestic violence misdemeanor under
any municipal ordinance or article 34 or 35 of chapter 21 of the Kansas
Statutes Annotated or adjudicated, in this or any other jurisdiction, of
committing as a juvenile an act that would be a domestic violence misdemeanor
under article 34 or 35 of chapter 21 of the Kansas Statutes Annotated if
committed by an adult; or (D) convicted or placed on diversion, in this or any
other jurisdiction, for an act that constitutes a violation of K.S.A. 2006
Supp. 75-7c12, and amendments thereto, or a violation of subsection (a)(4) of
K.S.A. 21-4201, and amendments thereto, or adjudicated, in this or any other
jurisdiction, of committing as a juvenile an act that would be a violation of
K.S.A. 2006 Supp. 75-7c12, and amendments thereto, or a violation of subsection
(a)(4) of K.S.A. 21-4201, and amendments thereto, if committed by an adult;
(6) has not been charged with a crime which would render
the applicant, if convicted, ineligible for a license or, if so charged, final
disposition of the charge has occurred and no other charges are pending which
would cause the applicant to be ineligible for a license;
(7) has not been ordered by a court to receive treatment
for mental illness pursuant to K.S.A. 59-2966, and amendments thereto, or for
an alcohol or substance abuse problem pursuant to K.S.A. 59-29b66, and
amendments thereto, or, if a court has ordered such treatment, has not been
issued a certificate of restoration pursuant to K.S.A. 2006 Supp. 75-7c26, and
amendments thereto, not less than five years before the date of the
application;
(8) desires a legal means to
carry a concealed weapon for lawful self-defense;
(9) except as provided by subsection (g) of K.S.A. 2006
Supp. 75-7c05, and amendments thereto, presents evidence satisfactory to the
attorney general that the applicant has satisfactorily completed a weapons
safety and training course approved by the attorney general pursuant to
subsection (b);
(10) has not been adjudged a disabled person under the act
for obtaining a guardian or conservator, or both, or under a similar law of
another 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;
(11) has not been dishonorably
discharged from military service;
(12) is a citizen of the
(13) is not subject to a restraining order issued under
the protection from abuse act, under the protection from stalking act or
pursuant to K.S.A. 60-1607, 38-1542, 38-1543 or 38-1563, and amendments
thereto, or any equivalent order entered in another state or jurisdiction which
is entitled to full faith and credit in Kansas; and
(14) is not in contempt of court
in a child support proceeding.
(b) (1) The attorney general shall adopt rules and
regulations establishing procedures and standards as authorized by this act for
an eight-hour weapons safety and training course required by this section. Such
standards shall include: (A) A requirement that trainees receive training in
the safe storage of weapons, actual firing of weapons and instruction in the
laws of this state governing the carrying of a concealed weapon and the use of
deadly force; (B) general guidelines for courses which are compatible with the
industry standard for basic firearms training for civilians; (C) qualifications
of instructors; and (D) a requirement that the course be: (i)
A weapons course certified or sponsored by the attorney general; or (ii) a
weapons course certified or sponsored by the national rifle association or by a
law enforcement agency, college, private or public institution or organization
or weapons training school, if the attorney general determines that such course
meets or exceeds the standards required by rules and regulations adopted by the
attorney general and is taught by instructors certified by the attorney general
or by the national rifle association, if the attorney general determines that
the requirements for certification of instructors by such association meet or
exceed the standards required by rules and regulations adopted by the attorney
general. Any person wanting to be certified by the attorney general as an
instructor shall submit to the attorney general an application in the form
required by the attorney general and a fee not to exceed $150.
(2) The cost of the weapons safety and training course
required by this section shall be paid by the applicant. The following shall constitute
satisfactory evidence of satisfactory completion of an approved weapons safety
and training course: (A) Evidence of completion of the course, in the form
provided by rules and regulations adopted by the attorney general; or (B) 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.
(c) In addition to the requirements of subsection (a), a
person holding a license pursuant to this act, prior to renewal of the license
provided herein, shall submit evidence satisfactory to the attorney general
that the licensee has requalified by completion of an
approved course given by an instructor of an approved weapons safety and
training course under subsection (b).
History: L. 2006, ch. 32,
§ 4; L. 2006, ch. 210, § 2; July 1.
Chapter 75.--STATE
DEPARTMENTS; PUBLIC OFFICERS AND EMPLOYEES
Article 7c.--FIREARMS
75-7c05. Same; application; fees; fingerprints;
sheriff's report; criminal history records report; issuance or denial of
license; requirements for retired law enforcement officers. (a) The
application for a license pursuant to this act shall be completed, under oath,
on a form prescribed by the attorney general and shall only include:
(1) The name, address, social security number, Kansas
driver's license number or Kansas nondriver's license
identification number, place and date of birth and occupation of the applicant;
(2) a statement that the applicant
is in compliance with criteria contained within K.S.A. 2006 Supp. 75-7c04, and
amendments thereto;
(3) a waiver of the
confidentiality of such mental health and medical records as necessary to
determine the applicant's qualifications under subsection (a)(7) of K.S.A. 2006
Supp. 75-7c04, and amendments thereto;
(4) a statement that the
applicant has been furnished a copy of this act and is knowledgeable of its
provisions;
(5) 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
(6) a statement that the
applicant desires a concealed weapon license as a means of lawful self-defense.
(b) The applicant shall submit to the sheriff of the
county where the applicant resides, during any normal business hours:
(1) A completed application described in subsection (a);
(2) except as provided by subsection (g), a nonrefundable
license fee of $150, if the applicant has not previously been issued a
statewide license or if the applicant's license has permanently expired, which
fee shall be in the form of two cashier checks or money orders of $40 payable
to the sheriff of the county where the applicant resides and $110 payable to
the attorney general;
(3) a photocopy of a certificate or an affidavit or
document as described in subsection (b) of K.S.A. 2006 Supp. 75-7c04, and
amendments thereto; and
(4) 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) of this section or subsection (a) of K.S.A. 2006 Supp. 75-7c08,
and amendments thereto, shall provide for the full set of fingerprints of the
applicant to be taken and forwarded to the attorney general for purposes of a
criminal history records check as provided by subsection (d). In addition, the
sheriff shall forward to the attorney general a copy of the application and the
portion of the original or renewal license fee which is payable to the attorney
general. The cost of taking such fingerprints shall be included in the portion
of the fee retained by the sheriff.
(2) The sheriff of the applicant's county of residence or
the chief law enforcement officer of any law enforcement agency, at the
sheriff's or chief law enforcement officer's discretion, may participate in the
process by submitting a voluntary report to the attorney general containing
readily discoverable information, corroborated through public records, which,
when combined with another enumerated factor, establishes that the applicant
poses a significantly greater threat to law enforcement or the public at large
than the average citizen. Any such voluntary reporting shall be made within 45
days after the date the sheriff receives the application. Any sheriff or chief
law enforcement officer submitting a voluntary report shall not incur any civil
or criminal liability as the result of the good faith submission of such
report.
(3) All funds retained by the sheriff pursuant to the
provisions of this section shall be credited to a special fund of the sheriff's
office which shall be used solely for law enforcement and criminal prosecution
purposes and which shall not be used as a source of revenue to meet normal
operating expenses of the sheriff's office.
(d) Each applicant shall be subject to a state and
national criminal history records check which conforms to applicable federal
standards for the purpose of verifying the identity of the applicant and
whether the applicant has been convicted of any crime that would disqualify the
applicant from holding a license under this act. The attorney general is
authorized to use the information obtained from the national criminal history
record check to determine the applicant's eligibility for such license.
(e) Within 180 days after the date of receipt of the items
listed in subsection (b), for applications received before
(1) Issue the license and certify the issuance to the
department of revenue; or
(2) deny the application based
solely on: (A) The report submitted by the sheriff or other chief law
enforcement officer under subsection (c)(2) for good cause shown therein; or
(B) the ground that the applicant fails to qualify under the criteria listed in
K.S.A. 2006 Supp. 75-7c04, and amendments thereto. If the attorney general
denies the application, the attorney general shall notify the applicant in
writing, stating the ground for denial and informing the applicant the
opportunity for a hearing pursuant to the
(f) Each person issued a license shall pay to the
department of revenue fees for the cost of the license and the photograph to be
placed on the license, which shall be in amounts equal to the fees required
pursuant to K.S.A. 8-243 and 8-246, and amendments thereto, for a driver's
license photograph and replacement of a driver's license.
(g) A person who is a retired law enforcement officer, as
defined in K.S.A. 21-3110, and amendments thereto, shall be: (1) Required to
pay an original license fee of $100, which fee shall be in the form of two
cashier checks or money orders, $40 payable to the sheriff of the county where
the applicant resides and $60 payable to the attorney general, to be forwarded
by the sheriff to the attorney general; (2) exempt from the required completion
of a weapons safety and training course if such person was certified by the Kansas
law enforcement training commission not more than eight years prior to
submission of the application; (3) required to pay the license renewal fee; (4)
required to pay to the department of revenue the fees required by subsection
(f); and (5) required to comply with the criminal history records check
requirement of this section.
History: L. 2006, ch. 32,
§ 5; L. 2006, ch. 210, § 3; July 1.
Chapter 75.--STATE
DEPARTMENTS; PUBLIC OFFICERS AND EMPLOYEES
Article 7c.--FIREARMS
75-7c06. Same;
records related to licenses, disclosure; address change or loss or destruction
of license, requirements. (a) The attorney general shall be the official
custodian of all records relating to licenses issued pursuant to the personal
and family protection act.
(b) Except as provided by subsections (c) and (d), records
relating to persons issued licenses pursuant to this act, persons applying for
licenses pursuant to this act or persons who have had a license denied pursuant
to this act shall be confidential and shall not be disclosed in a manner which
enables identification of any such person. Any disclosure of a record in
violation of this subsection is a class A misdemeanor.
(c) Records of a person whose license has been suspended
or revoked pursuant to this act shall be subject to public inspection in
accordance with the open records act.
(d) The attorney general shall maintain an automated
listing of license holders and pertinent information, and such information
shall be available, upon request, at all times to all law enforcement agencies
in this state, other states and the
(e) 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 attorney general of such change, loss or destruction.
The attorney general, upon notice and opportunity for hearing in accordance
with the provisions of the Kansas administrative procedure act, may order a
licensee to pay a fine of not more than $100, or may suspend the licensee's
license for not more than 180 days, for failure to notify the attorney general
pursuant to the provisions of this subsection.
(f) In the event that a concealed weapon 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 attorney general, may obtain a duplicate, or substitute thereof, upon
furnishing a notarized statement to the attorney general that such license has
been lost or destroyed.
History: L. 2006, ch. 32,
§ 6; L. 2006, ch. 210, § 4; July 1.
Chapter 75.--STATE
DEPARTMENTS; PUBLIC OFFICERS AND EMPLOYEES
Article 7c.--FIREARMS
75-7c07. Same;
denial, revocation or suspension. (a) In accordance with the provisions of
the Kansas administrative procedure act, the attorney general shall deny a
license to any applicant for license who is ineligible under K.S.A. 2006 Supp.
75-7c04, and amendments thereto, and, except as provided by subsection (b),
shall revoke at any time the license of any person who would be ineligible
under K.S.A. 2006 Supp. 75-7c04, and amendments thereto, if submitting an
application for a license at such time or who fails to submit evidence of completion
of a weapons safety and training course as required by subsection (c) of K.S.A.
2006 Supp. 75-7c04, and amendments thereto. Any review by the district court in
accordance with the act for judicial review and civil enforcement of agency
actions shall be in
(b) The license of a person who would be ineligible
pursuant to subsection (a)(6) of K.S.A. 2006 Supp. 75-7c04, and amendments thereto,
shall be subject to suspension and shall be reinstated upon final disposition
of the charge as long as the person is otherwise eligible for a license.
(c) The sheriff of the county where a restraining order is
issued that would prohibit issuance of a license under subsection (a) (13) of
K.S.A. 2006 Supp. 75-7c04, and amendments thereto,
shall notify the attorney general immediately upon receipt of such order. If
the person subject to the restraining order holds a license issued pursuant to
this act, the attorney general immediately shall revoke such license upon
receipt of notice of the issuance of such order. The attorney general shall
adopt rules and regulations establishing procedures which allow for 24-hour
notification and revocation of a license under the circumstances described in
this subsection.
History: L. 2006, ch. 32,
§ 7; L. 2006, ch. 210, § 5; July 1.
Chapter 75.--STATE
DEPARTMENTS; PUBLIC OFFICERS AND EMPLOYEES
Article 7c.--FIREARMS
75-7c08. Same;
renewal; fees; permanent expiration, when. (a) Not
less than 90 days prior to the expiration date of the license, the attorney
general shall mail to the licensee a written notice of the expiration and a
renewal form prescribed by the attorney general. The licensee shall renew the
license on or before the expiration date by filing with the sheriff of the
applicant's county of residence the renewal form, a notarized affidavit stating
that the licensee remains qualified pursuant to the criteria specified in K.S.A.
2006 Supp. 75-7c04, and amendments thereto, a full frontal view photograph of
the applicant taken within the preceding 30 days and a nonrefundable license
renewal fee of $100 which fee shall be in the form of two cashier checks or
money orders, one of $50 payable to the sheriff of the county where the
applicant resides and one of $50 payable to the attorney general. The license
shall be renewed upon receipt of the completed renewal application 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) If the licensee is qualified as provided by this act,
the license shall be renewed upon receipt by the attorney general of the items
listed in subsection (a).
(c) No license shall be renewed six months or more after
the expiration date of the license, and such license shall be deemed to be
permanently expired. A person whose license has been permanently expired may
reapply for licensure but an application for licensure and fees pursuant to
K.S.A. 2006 Supp. 75-7c05, and amendments thereto,
shall be submitted, and a background investigation shall be conducted pursuant
to the provisions of that section.
History: L. 2006, ch. 32,
§ 8; L. 2006, ch. 210, § 6; July 1.
Next
75-7c09
Chapter 75.--STATE DEPARTMENTS; PUBLIC OFFICERS AND EMPLOYEES
Article 7c.--FIREARMS
75-7c09. False statements, warning on application. The application form for an original license and for a renewal license shall include, in a conspicuous place, the following: "WARNING: A false statement on this application may subject the applicant to prosecution for the crime of perjury (K.S.A. 21-3805, and amendments thereto)."
History: L. 2006, ch. 32, § 9; July 1.
Chapter 75.--STATE
DEPARTMENTS; PUBLIC OFFICERS AND EMPLOYEES
Article 7c.--FIREARMS
75-7c10. Same;
places where carrying concealed weapon not authorized; penalties for
violations. (a) No license issued pursuant to this act shall authorize the
licensee to carry a concealed weapon into:
(1) Any place where an activity declared a common nuisance
by K.S.A. 22-3901, and amendments thereto, is maintained;
(2) any police, sheriff or
highway patrol station;
(3) any detention facility,
prison or jail;
(4) any courthouse;
(5) 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;
(6) any polling place on the day
an election is held;
(7) any meeting of the governing body of a county, city or
other political or taxing subdivision of the state, or any committee or
subcommittee thereof;
(8) on the state fairgrounds;
(9) any state office building;
(10) any athletic event not related to or involving
firearms which is sponsored by a private or public elementary or secondary
school or any private or public institution of postsecondary education;
(11) any professional athletic
event not related to or involving firearms;
(12) any portion of a drinking establishment as defined by
K.S.A. 41-2601, and amendments thereto, except that this provision shall not
apply to a restaurant as defined by K.S.A. 41-2601, and amendments thereto;
(13) any elementary or secondary
school, attendance center, administrative office, services center or other
facility;
(14) any community college,
college or university facility;
(15) any place where the carrying
of firearms is prohibited by federal or state law;
(16) any child exchange and
visitation center provided for in K.S.A. 75-720, and amendments thereto;
(17) any community mental health center organized pursuant
to K.S.A. 19-4001 et seq., and amendments thereto; mental health clinic
organized pursuant to K.S.A. 65-211 et seq., and amendments thereto;
psychiatric hospital licensed under K.S.A. 75-3307b, and amendments thereto; or
state psychiatric hospital, as follows: Larned state
hospital, Osawatomie state hospital or Rainbow mental health facility;
(18) any city hall;
(19) any public library operated
by the state or by a political subdivision of the state;
(20) any day care home or group day care home, as defined
in Kansas administrative regulation 28-4-113, or any preschool or childcare
center, as defined in Kansas administrative regulation 28-4-420;
(21) any church or temple; or
(22) any place in violation of
K.S.A. 21-4218, and amendments thereto.
(b) Violation of this section is a class A misdemeanor.
History: L. 2006, ch. 32,
§ 10; L. 2006, ch. 210, § 7; July 1.
Chapter 75.--STATE
DEPARTMENTS; PUBLIC OFFICERS AND EMPLOYEES
Article 7c.--FIREARMS
75-7c11. Same;
restrictions on carrying on certain property, when; penalties for violations;
posting of property. (a) Nothing in this act shall be construed to prevent:
(1) Any public or private employer from restricting or
prohibiting in any manner persons licensed under this act from carrying a
concealed weapon while on the premises of the employer's business or while
engaged in the duties of the person's employment by the employer; or
(2) any entity owning or operating business premises open
to the public from restricting or prohibiting in any manner persons licensed
under this act from carrying a concealed weapon while on such premises,
provided that the premises are posted, in accordance with rules and regulations
adopted by the attorney general pursuant to this section, as premises where
carrying a concealed weapon is prohibited; or
(3) a property owner from restricting or prohibiting in
any manner persons licensed under this act from carrying a concealed weapon
while on such property, provided that the premises are posted, in accordance
with rules and regulations adopted by the attorney general pursuant to this
section, as premises where carrying a concealed weapon is prohibited.
(b) Carrying a concealed weapon on premises in violation
of any restriction or prohibition allowed by subsection (a) (1), or in
violation of any restriction or prohibition allowed by subsection (a)(2) or
(a)(3) if the premises are posted as required by such subsection, is a class B
misdemeanor.
(c) The attorney general shall adopt rules and regulations
prescribing the location, content, size and other characteristics of signs to
be posted on premises pursuant to subsections (a)(2) and
(a)(3).
History: L. 2006, ch. 32,
§ 11; L. 2006, ch. 210, § 8; July 1.
Chapter 75.--STATE
DEPARTMENTS; PUBLIC OFFICERS AND EMPLOYEES
Article 7c.--FIREARMS
75-7c12. Carrying concealed weapon while under
influence of alcohol or drugs prohibited; evidence; testing; revocation of
license, when. (a) It is a class A nonperson misdemeanor for a person licensed pursuant to
this act to carry a concealed weapon while under the influence of alcohol or
drugs, or both.
(b) In any criminal prosecution for carrying a concealed
weapon while under the influence of alcohol or drugs, or both, evidence of the
concentration of alcohol or drugs in the defendant's blood, urine, breath or
other bodily substance may be admitted and shall give rise to the following:
(1) If the alcohol concentration is less than .08, that
fact may be considered with other competent evidence to determine if the
defendant was under the influence of alcohol, or both alcohol and drugs.
(2) If the alcohol concentration is .08 or more, it shall
be prima facie evidence that the defendant was under the influence of alcohol.
(3) If there was present in the defendant's bodily
substance any narcotic, hypnotic, somnifacient,
stimulating or other drug which has the capacity to render the defendant
incapacitated, that fact may be considered to determine if the defendant was
under the influence of drugs, or both alcohol and drugs.
(c) The provisions of subsection (b) shall not be
construed as limiting the introduction of any other competent evidence bearing
upon the question of whether or not the defendant was under the influence of
alcohol or drugs, or both.
(d) Any person licensed pursuant to this act is deemed to
have given consent to submit to one or more tests of the person's blood, breath, urine or other bodily substance to determine the
presence of alcohol or drugs. The testing deemed consented to under this
subsection shall include all quantitative and qualitative tests for alcohol and
drugs. A law enforcement officer shall request a person to submit to a test or
tests deemed consented to under this subsection if such person is arrested or
otherwise taken into custody for any offense involving carrying of a concealed
weapon while under the influence of alcohol or drugs, or both, in violation of
this section and the arresting officer has reasonable grounds to believe that
prior to arrest the person was carrying a concealed weapon under the influence
of alcohol or drugs, or both. The test or tests shall be administered in the
manner provided by for administration of tests for alcohol or drugs pursuant to
K.S.A. 8-1001, and amendments thereto, and the person performing or assisting
in the performance of any such test and the law enforcement officer requesting
any such test shall be immune from civil and criminal liability to the same
extent as in the case of tests performed pursuant to that statute.
(e) Before a test or tests are administered under this
section, the person shall be given oral and written notice that:
(1)
(2) the opportunity to consent to
or refuse a test is not a constitutional right;
(3) there is no constitutional
right to consult with an attorney regarding whether to submit to testing;
(4) if the person refuses to submit to and complete any
test of breath, blood or urine hereafter requested by a law enforcement
officer, the person's license to carry a concealed weapon will be revoked for a
minimum of three years; and
(5) after the completion of the
testing, the person has the right to consult with an attorney and may secure
additional testing, which, if desired, should be done as soon as possible and
is customarily available from medical care facilities and physicians.
(f) After giving the foregoing information, a law
enforcement officer shall request the person to submit to testing. The
selection of the test or tests shall be made by the officer. If the person
refuses to submit to and complete a test as requested pursuant to this section,
additional testing shall not be given unless the law enforcement officer has
probable cause to believe that the person while under the influence of alcohol
or drugs, or both, was carrying a concealed weapon used in killing or seriously
injuring another person. If the test results show a blood or breath alcohol
concentration of .08 or greater, the person's license to carry a concealed
weapon shall be subject to suspension or revocation pursuant to this act.
(g) The person's refusal shall be admissible in evidence
against the person at any trial on a charge arising out of carrying a concealed
weapon while under the influence of alcohol or drugs, or both.
(h) Failure of a person to provide an adequate breath
sample or samples as directed shall constitute a refusal unless the person shows
that the failure was due to physical inability caused by a medical condition
unrelated to any ingested alcohol or drugs.
(i) (1) If the person refuses to
submit to testing when requested pursuant to this section, the person's weapon
and license shall be seized by the law enforcement officer and the person's
license shall be forwarded to the attorney general, together with the officer's
certification of the following: (A) There existed reasonable grounds to believe
the person was carrying a concealed weapon while under the influence of alcohol
or drugs, or both, and a statement of such grounds; (B) the person had been
placed under arrest or was in custody; (C) a law enforcement officer had
presented the person with the oral and written notice required by this section;
and (D) the person refused to submit to and complete a test as requested by a
law enforcement officer.
(2) If the person fails a test administered pursuant to
this section, the person's weapon and license shall be seized by the law
enforcement officer and the person's license shall be forwarded to the attorney
general, together with the officer's certification of the following: (A) There
existed reasonable grounds to believe the person was carrying a concealed
weapon while under the influence of alcohol or drugs, or both; (B) the person
had been placed under arrest or was in custody; (C) a law enforcement officer
had presented the person with the oral and written notice required by K.S.A.
8-1001, and amendments thereto; and (D) the result of the test showed that the
person had an alcohol concentration of .08 or greater in such person's blood or
breath.
(3) With regard to failure of a breath test, in addition
to those matters required to be certified under subsection (h)(2), the law
enforcement officer shall certify that: (A) The testing equipment used was
certified by the Kansas department of health and environment; (B) the testing
procedures used were in accordance with the requirements set out by the Kansas
department of health and environment; and (C) the person who operated the
testing equipment was certified by the Kansas department of health and
environment to operate such equipment.
(4) For purposes of this subsection, certification shall
be complete upon signing, and no additional acts of oath, affirmation,
acknowledgment or proof of execution shall be required. The signed
certification or a copy or photostatic
reproduction thereof shall be admissible in evidence in all proceedings brought
pursuant to this act, and receipt of any such certification, copy or
reproduction shall accord the department authority to proceed as set forth
herein. Any person who signs a certification submitted to the attorney general
knowing it contains a false statement is guilty of a class B nonperson misdemeanor.
(5) Upon receipt of a certification in accordance with
this section, the attorney general shall revoke the person's license for three
years.
(j) It shall not be a defense that the person did not
understand the written or oral notice required by this section.
(k) No test results shall be suppressed because of
technical irregularities in the consent or notice required pursuant to this
act.
(l) Nothing in this section shall be construed to limit
the admissibility at any trial of alcohol or drug concentration testing results
obtained pursuant to a search warrant.
(m) Upon the request of any person submitting to testing
under this section, a report of the results of the testing shall be made
available to such person.
History: L. 2006, ch. 32,
§ 12; L. 2006, ch. 210, § 9; July 1.
Chapter 75.--STATE
DEPARTMENTS; PUBLIC OFFICERS AND EMPLOYEES
Article 7c.--FIREARMS
75-7c13. Concealed weapon
licensure fund; uses of moneys. (a) All moneys received by the
attorney general 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 licensure fund, which is hereby created in the state treasury.
(b) Moneys in the concealed weapon licensure fund shall be
used only for: (1) Payment of the expenses of administration of the personal
and family protection act; and (2) transfers to the county law enforcement
equipment fund and to the forensic laboratory and materials fee fund as
provided by subsection (e).
(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 for the
preceding month; and (2) the net earnings for the pooled money investment
portfolio for the preceding month.
(d) All expenditures from the concealed weapon licensure
fund shall be made in accordance with appropriation acts upon warrants of the
director of accounts and reports issued pursuant to vouchers approved by the
attorney general for the purposes set forth in this section.
(e) The attorney general shall certify to the director of
accounts and reports on each July 1 and January 1 after moneys are first
credited to the concealed weapons licensure fund the amount of moneys in such fund
needed to administer this act. On or before the 15th day of each month after
moneys are first credited to the concealed weapons licensure fund, the director
of accounts and reports shall transfer moneys in the concealed weapons
licensure fund as follows: (1) Of the amount in excess of the amount certified
by the attorney general, 20% shall be credited to the county law enforcement
equipment fund; and (2) the remaining 80% shall be credited to a separate
account in the forensic laboratory and materials fee fund cited in K.S.A.
28-176, and amendments thereto, to be used solely to assist city and county law
enforcement agencies to obtain prompt laboratory services from the bureau.
Moneys credited to the forensic laboratory and materials fee fund as provided
by this subsection shall be used to supplement existing appropriations and
shall not be used to supplant general fund appropriations to the attorney
general.
History: L. 2006, ch. 32,
§ 13; July 1.
Chapter 75.--STATE
DEPARTMENTS; PUBLIC OFFICERS AND EMPLOYEES
Article 7c.--FIREARMS
75-7c14. County law
enforcement equipment fund; uses of moneys. (a) There is hereby
created in the state treasury the county law enforcement equipment fund.
(b) Moneys in the county law enforcement equipment fund
shall be used only to fund grants to sheriffs' departments for purchases of law
enforcement equipment other than motor vehicles. Such grants shall be
administered by the attorney general. Such grants shall be based on
applications submitted by sheriffs' departments that demonstrate the need for
the equipment for which the grant is sought and substantiate that grant moneys
will not be used to supplant existing funding of the recipient sheriff's
department.
(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
county law enforcement equipment fund interest earnings based on: (1) The
average daily balance of moneys in the county law enforcement equipment fund
for the preceding month; and (2) the net earnings rate of the pooled money
investment portfolio for the preceding month.
(d) All expenditures from the county law enforcement
equipment fund shall be made in accordance with appropriation acts upon
warrants of the director of accounts and reports issued pursuant to vouchers
approved by the attorney general for the purposes set forth in this section.
History: L. 2006, ch. 32,
§ 14; July 1.
Chapter 75.--STATE
DEPARTMENTS; PUBLIC OFFICERS AND EMPLOYEES
Article 7c.--FIREARMS
75-7c15. Liability insurance,
persons conducting weapons safety and training courses. The
committee on surety bonds and insurance, within the limitations of
appropriations made therefor, shall purchase such
liability insurance as it deems necessary for the protection of persons engaged
in conducting an approved weapons safety and training course against any
liability for injuries or damages arising from the conducting of such course of
instruction by such persons.
History: L. 2006, ch. 32,
§ 15; July 1.
Chapter 75.--STATE
DEPARTMENTS; PUBLIC OFFICERS AND EMPLOYEES
Article 7c.--FIREARMS
75-7c16. Rules and
regulations; annual report. (a) The attorney general 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 attorney
general shall submit a statistical report to the governor, president of the
senate, the senate minority 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 and the reasons
for the revocations, suspensions and denials.
History: L. 2006, ch. 32,
§ 16; July 1.
Chapter 75.--STATE
DEPARTMENTS; PUBLIC OFFICERS AND EMPLOYEES
Article 7c.--FIREARMS
75-7c17. Legislative findings
regarding uniform standards for licensing and regulation; certain local
ordinances and resolutions inapplicable to licensees; limitations on authority
of attorney general; liberal construction of act. (a) 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
regulation of the bearing of concealed weapons for self-defense to ensure that
no honest, law-abiding person who qualifies under the provisions of this act is
subjectively or arbitrarily denied the person's rights. Any city ordinance or
county resolution that regulates, restricts or prohibits the carrying of
concealed weapons shall not be applicable to any person licensed in accordance
with the provisions of this act.
(b) The legislature does not delegate to the attorney
general the authority to regulate or restrict the issuing of licenses provided
for in this act, beyond those provisions of this act pertaining to licensing
and training. 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 beyond those specified in this act are in conflict with the intent
of this act and are prohibited.
(c) This act shall be liberally construed. This act is
supplemental and additional to existing constitutional rights to bear arms and
nothing in this act shall impair or diminish such rights.
History: L. 2006, ch. 32,
§ 17; July 1.
Chapter 75.--STATE
DEPARTMENTS; PUBLIC OFFICERS AND EMPLOYEES
Article 7c.--FIREARMS
75-7c18. Severability.
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 without the invalid
provision or application. To this end the provisions of this act are severable.
History: L. 2006, ch. 32,
§ 18; July 1.
Chapter 75.--STATE
DEPARTMENTS; PUBLIC OFFICERS AND EMPLOYEES
Article 7c.--FIREARMS
75-7c25. Orders of involuntary commitment for
treatment of mental illness or alcohol or substance abuse; entry in certain
databases; possession of firearms prohibited, when. (a) On or before
September 1, 2006, every district court shall review all files dated on or
after July 1, 1998, concerning mentally ill persons subject to involuntary
commitment for care and treatment as defined in K.S.A. 59-2946, and amendments
thereto, or persons with an alcohol or substance abuse problem subject to
involuntary commitment for care and treatment as defined in K.S.A. 59-29b46,
and amendments thereto.
(b) If the court ordered treatment pursuant to K.S.A.
59-2966 or 59-29b66, and amendments thereto, the clerk of the court shall
report such order to the
(c) A copy of such orders shall be delivered by the clerk
of the court to the
(d) The
(e) Upon a finding that the mentally ill person is a
danger to self or others, the court shall notify the mentally ill person
subject to involuntary commitment for care and treatment that it is a violation
of the law to possess a firearm. Upon a finding that a proposed patient is a
person with an alcohol or substance abuse problem subject to involuntary
commitment for care and treatment, the court shall notify the person that it is
a violation of the law to possess a firearm. Upon release, the state hospital
shall notify the patient that it is a violation of the law for the patient to
possess a firearm and provide information to the patient regarding the
restoration procedure.
History: L. 2006, ch.
210, § 11; July 1.
Chapter 75.--STATE
DEPARTMENTS; PUBLIC OFFICERS AND EMPLOYEES
Article 7c.--FIREARMS
75-7c26. Discharge of person involuntarily
committed for treatment for mental illness or alcohol or substance abuse;
restoration of ability to legally possess firearm, when. On and after July
1, 2007, (a) a person who has been discharged pursuant to K.S.A. 59-2973 or
59-29b73, and amendments thereto, may file a petition in the court where
treatment was ordered pursuant to K.S.A. 59-2966 or 59-29b66, and amendments
thereto, for the restoration of the ability to legally possess a firearm.
(b) Notice of the filing of such petition shall be served
on the petitioner who originally filed the action
pursuant to K.S.A. 59-2952, 59-2957, 59-29b52 or 59-29b57, and amendments
thereto, or the petitioner's attorney and the county or district attorney as
appropriate.
(c) If the court finds the person is no longer likely to
cause harm to such person's self or others, the court shall issue a certificate
of restoration to the person. Such restoration shall have the effect of
restoring the person's ability to legally possess a firearm, and the
certification of restoration shall so state.
(d) The certificate of registration issued pursuant to
this section shall only apply to the possession of a firearm for the purposes
of an alleged violation of subsection (a)(7) of K.S.A.
21-4204, and amendments thereto.
History: L. 2006, ch.
210, § 12; July 1.