Kansas Gun Laws / Motorcyclist

KANSAS CONCEALED CARRY LAW / Carrying a Concealed Weapon (CCW) HB 2052  CCW FAQ's[Source]
Motorcyclist in the State of Kansas despite having relatively nonrestrictive firearms laws, Kansas remained one of the few states without any provision for the concealed carry of firearms until March 2006, when the state legislature passed Senate Bill 418 [Source], "The Personal and Family Protection Act." [Source]. This bill made Kansas the 47th state to permit concealed carry in some form and the 36th state with a "SHALL-ISSUE" policy. The bill was passed 30–10 in the state senate and 91–33 in the state house of representatives, gaining enough votes to override a veto from  the Governor, who had previously vetoed several other attempts to legalize concealed carry. Under the law, the Attorney General began granting permits to qualified applicants on January 1, 2007. Previously, Kansas had allowed only open carry of firearms, except where prohibited by local ordinance.

Motorcyclist a SHALL-ISSUE jurisdiction is one that mandates a permit to carry a concealed handgun. The granting of such permits is subject to meeting determinate criteria as per the law. Basically a granting authority has no discretion in awarding permits and there isn't any requirement of the applicant to demonstrate "good cause" for the request. (see below)

KANSAS PERMIT HONORED IN THE FOLLOWING STATES
Alabama, Alaska, Arizona, Arkansas, Colorado, Florida, Georgia, Idaho, Indiana, Iowa, Kentucky, Louisiana, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming.

KANSAS HONORS PERMITS FROM THE FOLLOWING STATES
Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, New York City, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, West Virginia, Wisconsin, Wyoming.

"OPT-OUT" STATES ("Gun-Free Zones") AG Signage [Source]
Motorcyclist passing through Arizona, Arkansas, Connecticut, Illinois, Kansas, Louisiana, Michigan, Minnesota, Missouri, Nebraska, Nevada, New Mexico, North Carolina, Ohio, Oklahoma, South Carolina, Tennessee, Texas, Virginia, and Wisconsin must be aware these are considered “OPT OUT” States. The law is these states allow businesses to post a sign, (signage that meets state law) prohibiting concealed carry on said premises. Business owners also have a verbal right to alert you to their wishes while in their place of business.  Obviously you may be subject to varying levels of criminal prosecution depending on individual state laws if you choose to violate the said request.

 

 

 

KANSAS CASTLE DOCTRINE LAW (YES) 21-5220-21-5231 [Source]
Motorcyclist in the State of Kansas law allows for the use of justifiable deadly force in the protection of ones dwelling with no duty to retreat. Always check self defense law specifics in states that have them.  Stand your Ground Laws typically remove the duty to retreat through judicial interpretation of that states self defense laws when defending yourself against imminent threats prior to the use of deadly force. The Castle Doctrine or Habitation Defense Laws apply only to home or other real property.  Then there is the Duty to Retreat Laws that are in several states.  This simply means if you can escape harm or death use of deadly force is not allowed unless you are facing serious harm, cornered or held down.

NATIONAL PARK CARRY NPS Organic Act [Source]
Motorcyclist traveling through National Parks should know that on May 22, 2009, President Barack Obama signed H.R. 627 [Source], the "Credit Card Accountability Responsibility and Disclosure Act of 2009," into law. The bill contained an amendment introduced by Senator Tom Coburn (R-OK) that prohibits the Secretary of the Interior from enacting or enforcing any regulations that restrict possession of firearms in National Parks or Wildlife Refuges, as long as the person complies with laws of the state in which the unit is found.  This provision was supported by the National Rifle Association and opposed by the Brady Campaign to Prevent Gun Violence, the National Parks Conservation Association, and the Coalition of National Park Service Retirees, among other organizations.  As of February 2010 concealed handguns are for the first time legal in all but 3 of the nation's 391 national parks and wildlife refuges so long as all applicable federal, state, and local regulations are adhered to.  Hawaii is a notable exception. Concealed and open carry are both not legal in Hawaii unless you are a retired military or law enforcement. Previously firearms were allowed into parks non-concealed and unloaded.

Motorcyclist may travel through any national park with possession of a firearm as long as the possession is compliant with the laws of the State in which the national park area is located. Keep in mind Federal Statute 18 USC 930 [Source] prohibits firearms or other dangerous weapons within a Federal facility. In national parks, such facilities may include visitor centers, administrative offices, and/or maintenance buildings. Any such facilities will be clearly marked with signs at all public entrances. For more information about national parks, and park-specific regulations, visit http://www.nps.gov/findapark/index.htm and search by park name, location (state), activity, or topic.

PENALTIES FOR CARRYING ILLEGALLY Title 18 §921 Chap 44 [Source]
Motorcyclist it is important for license holders to understand that when you are traveling in or through another state, the license holder is subject to the firearm laws of the state. In the United States no convicted felon may purchase, transfer, or otherwise be in the possession of any firearm.  Illegally concealing a handgun is a felony in many states therefore conviction of such a crime would automatically result in the forfeiture of a citizen's gun rights for life nationwide.  Additional state penalties for unlawful carry of a concealed firearm can be severe with punishments including expensive fines, extended jail time, loss of voting rights, and even passport cancelation.  A federal penalty of ten years in prison has been enacted for those found to be in possession of either firearms or ammunition while subject to a protection or restraining order.

RESTRICTED AREAS  KS AdditionalRestrictions [Source]
Motorcyclist possessing a concealed carry permit allows the permit holder to carry a concealed weapon in public. State law, however; {can|may| restrict carry of a firearm including a permitted concealed weapon while in or on certain properties, facilities or types of businesses that are otherwise open to the public such as schools that are protected by the Federal Gun Free School Zones Act. These areas vary by State and may be questionable at times but shouldn't be by Motorcyclist must be aware of.  These are and not limited to Federal government Facilities, State Government Facilities, Educational Institutions, Hospitals, Mass Transit and the list does go on.  Need specific information: 18 U.S. Code § 930

KANSAS MOTORCYCLE GUN TRANSPORTATION LAW  KS12.16,124 [Source]
Motorcyclist best rule of thumb when traveling interstate or cross country on your motorcycle transporting a licensed and or registered to you firearm is to adhere to the Federal Interstate Transportation of Firearms Law.

 

 

 

INTERSTATE TRANSPORTATION OF FIREARMS  Title 18 U.S.C. section 926A [Source]
Motorcyclist traveling from state to state should be know that not withstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he or she may lawfully possess and carry such firearm to any other place where he or she may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment, saddlebag, front or side pouch of such transporting motorcycle / vehicle: Provided that in the case of a motorcycle / vehicle without a compartment separate from the driver's compartment the firearm or ammunition shall be contained in a locked container other than the compartments previously stated. 18 USC § 926C - Carrying of concealed firearms by qualified retired law enforcement officers [Source]

TRIBAL LAW National Indian Law Library (Review Tribal Codes) [Source]
Native American reservations may have gun laws identical to or more restrictive than state law. Some tribal governments may not recognize state law on the concealed carrying of firearms without a permit while on Tribal Land. Tribes typically recognize federal law, including the "safe passage" provision of the Federal Firearm Owners Protection Act (FOPA). FOPA provides that, notwithstanding any state, tribal, or local law, and while making a continuous journey, a person who isn't a prohibited possessor is entitled to transport a firearm or ammunition for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm or ammunition if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting motorcycle or vehicle. In motorcycles or vehicles without a saddlebag or trunk, the unloaded firearm or ammunition must be in a locked container other than an accessible pouch, glove compartment or console.  Recent U.S. Court of Appellate rulings have confirmed that FOPA`s protections only apply to unloaded firearms not readily accessible to the traveler, and many tribal governments have strict laws with respect to firearms being carried or transported on tribal lands. For example, in the event of a vehicle stop, the local Tribal Nation Police will seize any loaded firearm found to be accessible to the driver or passenger.  Confiscated firearms are not returnable unless the owner can establish proof of ownership of the firearm and ammunition by presenting a bill of sale or other evidence at the police station at a later date.

(KS) RECIPROCITY INFO
Motorcyclist, due to the time to time change in Gun Reciprocity Law from state to state and in certain states down to a municipal level always contact the State Attorney General or State Agency with the charge of Concealed Carry, Constitutional Carry or Open Carry Laws for the most up to date information.  Please note many sites post Reciprocity Information that is not current.  Protect yourself during your travels by acquiring the most current information and know the LAW! Kansas Reciprocity

KANSAS OFFICE OF THE ATTORNEY GENERAL
120 SW 10th Ave., 2nd Floor
Topeka, KS 66612
(785) 296-2215
1-888-428-8436

Kansas AG

Many jurisdictions have established arrangements where they recognize or honor permits or licenses issued by other jurisdictions with comparable standards, for instance in regard to marriage or driver's licenses. This is known as Reciprocity and is based on U.S. Constitution "full faith and credit" provision Article 4 Sec1 [Source]. Due to the nature of gun politics reciprocity in regard to weapons carry permits or licenses has been controversial and is a state of constant flux.

 

 

 

STATES THAT HAVE A SHALL ISSUE TO RESIDENTS ONLY LAW:
Alabama, Alaska, Arkansas, Colorado, Georgia, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Montana, Nebraska, New Mexico, North Carolina, Ohio, Oklahoma, South Dakota, Tennessee, Vermont, West Virginia, Wisconsin, Wyoming
STATES THAT HAVE A SHALL ISSUE TO RESIDENTS AND NON-RESIDENTS LAW:
Arizona, Florida, Idaho, Illinois Indiana, Iowa, Maine, Minnesota, Nevada, New Hampshire, North Dakota, Oregon, Pennsylvania, Rhode Island, South Carolina, Texas, Utah, Virginia, Washington
STATES THAT HAVE A MAY ISSUE TO RESIDENTS ONLY LAW:
California, Delaware, Hawaii, New York City
STATES THAT HAVE A MAY ISSUE TO RESIDENTS AND NON- RESIDENTS LAW:
Connecticut, Maryland, Massachusetts, New Jersey, New York
NOTE: Concealed Carry Right Denied in (DC) District of Columbia

KANSAS HIGHWAY PATROL
General Headquarters
122 S.W. 7th
Topeka, KS 66603
(785) 296-6800

Kansas HP

BIKERZWORLD.COM offers State of Kansas Gun Laws to inform Motorcyclists traveling in state, cross state and internationally through Kansas Gun Laws that have the best chance of being enforced by State and Local Authorities such as Kansas Concealed Carry Law and Kansas Motorcycle Gun Transportation Law.  The above information must not be construed as a complete list of all the State of Kansas Gun Laws as they are reviewed annually and are subject to addition or modification.  If you have been charged with the illegal possession of a gun, or have been accused of a firearms-related crime in this state seek advice from an Kansas Criminal Defense Attorney specializing in Kansas Gun Laws and Kansas Motorcyclist Rights.