“The people have the right to bear arms for their defense and security; but standing armies in time of peace, are dangerous to liberty, and shall not be tolerated, and the military shall be in strict subordination to the civil power.”
AT A GLANCE
Kansas is a shall-issue, constitutional carry state. Permits are issued at the state level. There are no requirements for permits to purchase handguns and no firearms registration. Background checks are not required for private sales. Open and concealed carry are legal in Kansas. Anyone at least 18 years of age may openly carry without a permit, while the minimum age for concealed carry is 21. Kansas has permitless carry, minimum age is 21. Kansas is a Castle Doctrine state and has adopted a “stand your ground” statute. There is no duty to retreat anywhere a person has a legal right to be.
Reciprocal Carry
By statute, Kansas will recognize another state’s license to carry if that state recognizes Kansas’s license:
“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.”
By statute, Kansas residents 21 or older may legally carry a concealed firearm, without having to have a state-issued permit. However, Kansans must obtain a concealed carry permit for purposes of reciprocal carry. Anyone contemplating reciprocal carry should check with the official list maintained by the Kansas AG at the point in time the reciprocal carry is to occur.
Duty To Notify Police Officer
Kansas does not require Kansas residents to inform a LEO of a permit or license to carry. If an Officer asks a non-resident about a weapon, by law, an answer must be supplied. With permitless carry you do not have to have a permit/license to carry in Kansas as long as you can legally possess the firearm.
Carrying Firearms In Vehicles
Kansas has no laws regulating the manner of carrying firearms in vehicles, so anyone who is legally allowed to possess firearms may carry them in vehicles without a permit, concealed or openly. Anyone who is 21 years of age who can legally possess a handgun can carry it concealed or openly in Kansas without any type of permit/license, both in a vehicle and on foot.
Constitutional Carry
As of 7/1/15, Kansas permits any resident of Kansas who is at least 21 years old and not prohibited from owning a firearm to carry a handgun without a permit, openly or concealed.
NFA Items
SBS and MGs must be registered under the NFA. However, a personal firearm, a firearm accessory or ammunition that is owned or manufactured commercially or privately in Kansas and that remains within the borders of Kansas is not subject to any federal law. Suppressors that are manufactured in Kansas and remain within the borders of Kansas are not subject to any federal law, including the NFA. A firearm manufactured in Kansas must have the words “Made in Kansas” clearly stamped on a central metallic part, such as the receiver or frame.
CLEOs are required to sign an application for the transfer of any item regulated under the NFA within 15 days if the applicant is not prohibited by law from receiving it.
Self-Defense Laws
Kansas has both Castle Doctrine and SYG laws. There is no duty to retreat from any place You have a legal right to be. You may use force, including deadly force, in defense of yourself or others if You reasonably believe it is necessary to prevent imminent death, SBI, the commission of a forcible felony, or to stop the unlawful & forcible entry into Your dwelling, residence, or occupied motor vehicle if You reasonably believe it is necessary to prevent imminent death or SBI as a result of the unlawful entry.
Carry In Restaurants That Serve Alcohol
There is no law stating it is illegal. You can carry in a restaurant that serves alcohol or in a bar. If the restaurant or bar has a “No Gun Sign,” then it is suggested that you not enter the establishment. You can carry your firearm into a restaurant that serves alcohol or a bar, but you are prohibited from consuming alcohol while carrying a firearm.
Do “No Gun Signs” Have The Force Of Law?
“No Firearm” signs in Kansas do not have the force of law unless they are posted on property that is specifically mentioned in State Law as being off limits to those with a permit/license to carry. However, as a possessor with a real property interest, a retailer, has the right to limit, and qualify the right to enter the property, subject to not carrying a handgun. It would be improper to enter, and the licensee would be subject to ejection for possession of a handgun thereat. Failure to leave once requested would subject the licensee to arrest for criminal trespass.
Open Carry
Open carry is legal for those without a valid permit/license. The state preempts all local firearm laws in the state. The minimum age for open carry is 18.
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However, the GLBSG was not researched and/or written by attorneys as a specific legal guide to rely upon. Instead, it is a starting point for your own research. In addition, all laws are always subject to reasonable, but different, legal interpretation as to meaning and application.
As such, the GLBSG is not intended to supplant, nor limit, Your need for independent verification of any and all material contained herein and consultation with competent counsel of choice regarding any specific issues.
This type of specific legal analysis is necessarily beyond the general educational objective of the GLBSG and for which a bar-admitted attorney in the particular state(s) is needed and required. The content of this GLBSG is a general restatement of the law.
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