Kansas Does It Again

doctruptwn · May 8, 2010, 09:44 PM

RIGHT TO CARRY REFORM
GOES TO THE GOVERNOR
SB 306 Passes With Overwhelming
Vote in House and Senate

SB 306, Right To Carry Reform Bill passed the Kansas House with a vote of 103-15 and the Kansas Senate with a vote of 37-2. This is an overwhelming veto proof margin. The Governor is expected to sign this bill into law. Please call or email him and urge him to sign this bill. Contact info is below.

Here is what this bill does:

1. Redefines "dependent" - allows non-resident military dependents to apply for CCW permits.
2. Loosens reciprocity language by changing "equal" to "reasonably similar". Before states had to have equal or greater rules for reciprocity to occur.
3. New state residents can carry on their old reciprocal permits until their new permit is issued by state of KS.
4. Removes 6 month waiting period for new KS residents.
5. Removes the state prohibition on individuals with "diversions" from applying for CCW permits.
6. Strikes repetitive language for disqualifiers in statute and inserts federal language.
7. Removes all state disqualifiers that are inconsistent with state firearms possession laws K.S.A 21-4204 and federal disqualifiers under 18 USC 922.
8. CCW permit from recognized state will satisfy training requirement.
9. Requires that fees collected by sheriffs can only be used to administer this act. --Currently the Sherriff can use the funds any way they want.
10. Limits access to CCW permit records to "legitimate law enforcement use". These were not Public Record, But Law Enforcement had no restrictions on when they could look at them.
11. Lowers fees on initial permit cost: $100.00 to AG and $32.50 to Sheriff. Total $132.50. Previously it was $150 to the AG and $40.00 to the Sherriff.
12. Lowes total fee on renewal to $25. All renewals will be processed through AG. No trip to Sheriff's office. This had never been set, Since Kansas got CCW in 2007 no one expires until 2011.
13. No fingerprint requirement for renewal.
14. Establishes specific limitations for prohibited places - only buildings, no parking lots. This has changed twice already and Folks keep pushing the limits on posting property. There is no grey area now. After the last revsion we were left with "Facilities" Which was confusing as to what constituded a Facility.
15. Lowers penalties for fines for prohibited places violations. No longer a Felony to carry past sign.
16. Specific definitions provided for buildings and parking lots. More Of #14
17. Establishes specific limitations for carrying prohibitions in federally restricted areas. Brings in line with National Park Carry
18. Sets new standard for positioning of signs in visible areas. Prior a gun buster could be placed anywhere on the building and be leagally binding. And believe me Onwers got creative. Now it has to be no more than 2 feet from the door at eye level, and cannot be obstructe by any means.
19. Remove implied consent provisions with regard to CUI's. Before Having a premitt was implied consent to be checked for Carring under the influence.
20. Addresses inconsistencies to KPFPA that exist in other areas of Kansas Statute with regard to firearms possession prohibitions. `

A lot of great improvements for the concealed carry law this year!

I want to acknowledge Jordan Austin, NRA Liaison for all of his hard work, help and support in making this happen.

I would also like to suggest that you contact your legislators and let them know how much we appreciate their work and vote to pass this important piece of concealed carry reform legislation.

Following is an alert sent to NRA members today on this subject:

Kansas: Right to Carry Reform Moves to Governor's Desk

On Thursday, March 6, Senate Bill 306 successfully passed out of the House and Senate by votes of 103 to 15 and 37 to 2 respectively. The bill now heads to Governor Mark Parkinson's (D) desk for his consideration.

NRA has been working closely with the Kansas State Rifle Association (KSRA) and the Attorney General's office to clean up and streamline the state's concealed carry statute.As written, the bill would remove many redundant and burdensome provisions of the statute and could allow for a much smoother issuing and renewal process. SB306 would also lower the initial application and renewal fee.

Please contact Governor Parkinson and respectfully urge him to support SB 306. Also please thank your legislators for their hard work and support for this bill.To contact your legislator please click here. Contact information for the Governor is listed below.

Governor Mark Parkinson (D)
785-296-3232

I added to some of the above but it was most taken from Bubba Joel on KSCCW.com____________

Sefner · May 9, 2010, 10:13 AM

Awesome, this is another example of us winning the fight. Especially the vote margin (can this maybe be chalked up to Arizona's new legislation?). One thing we need here in MI is the definition of parking lot and some of the buildings. For example we can't carry in a public gathering place that seats "over 2,500 people". Does that apply to entire movie theatres, or just the one theater you are sitting in? Also we have no formal signs (although carrying anyways is only trespass). I also love to see costs lowered, some of the people most in need of a permit are those without funds to get one (single mothers etc).

Can you elaborate on number 5 and 7?

w_houle · May 9, 2010, 02:29 PM

Isn't there enough votes there to pass; even with a veto by the Governor?
IIRC CCW passed in KS even though Sebelius vetoed it.
I also want to say that KS became an NFA state specifically because Law Enforcement had no legal channels to procure NFA items.

doctruptwn · May 10, 2010, 12:47 PM

After reading it again last night it also appears to not allow, City, County, or State offices to be posted against CCW "IF" these places "CANNOT" provide Appropriate security and Handgun storage For those legally carring. They must have Metal Detectors, and Storage lockers, and Armed security. This had been a separate bill but appears to have been added to SB 306.

Sefner

This bill was actually in play before the Arizona bill was widely known about.

Our formal sign is not universally applied and that is what #14 also covers. There is only 1 legal sign period and it has to be posted exactly as perscribed or it is not legal. The problem before was the AG had a sign but came up with an opinion that while the other signs where not exactly legal the CCW should know what the intent was. Basiclly leaving it open to interpretation of the local DA to decide if they want to initiate charges. So far no test case.

I'll try to answer 5&7, # 5 Originally any convicted of a felony could not get a CCW, didn't matter what the Felony was, How long ago, or if it had been Expunged. Later that was changed, to allow you to apply 5 years after it was expunged as long as it wasn't for a drugs, violence, etc. ( the things that would prevent you from being in possessin anyway under federal law) I believe a deversion is when you were convicted of a felony like DWI, or arrested for a charge that would be a felony but were released without actually going to court and being placed on trial. ( sorry I can't answer it better)

#7 This kind covers several things. For example Some The section cover juvenials in possession of handguns, A lot of this was wording changes from "pistol or revolver", "weapon" to "handgun". This also covers possession of a firearm on school property, and in the parking lots. As a CCW in Kanas you can pickup and drop off you child while in possesion of a handgun and you can store your weapon in your locked car on school property. You of course can not go into the school building while carring. This was also part of # 14 where we got into "Facilities" again. Schools where trying to say, that the "Gun free zones" extended from the 1000ft area or whatever it was around there School district trucks, etc. calling them an extension of the school facilities.

W. Houle

1. Yes it is Veto proof with that voting margin.
2. Your correct about CCW it was vetoed by the one we call "The Queen" needless to say they put her in her place.
3. Oddly The Queen signed the NFA into law, I don't think LEO had issues with it. I think it was more of a money thing and it was keyholed in another bill that she wanted passed really bad. Honestly I don't think she knew what she was signing. Never made any headlines around here.

Sefner · May 10, 2010, 01:06 PM

doctor can you give us a link to the bill's language? I'd like to see it and see exactly how many of these can be modeled for my state

doctruptwn · May 10, 2010, 01:13 PM

I'll do better than that here is the direct PDF link:

The Bill
http://www.kslegislature.org/306.pdf

The supplemental Notes; Kinda a lay persons overview:
http://www.kslegislature.orgSN0306.pdf

wally626 · May 11, 2010, 05:33 PM

Quote:

doctor can you give us a link to the bill's language? I'd like to see it and see exactly how many of these can be modeled for my state

I think I would rather model Arizona, or Alaska

Lots of good changes but some things could use some help. Fees are high at least compared to VA. In VA there are no sign provision per se. If you go in a business that does not allow guns (posted or not) all they can do is ask you to leave, if you refuse then they can charge you with trespassing. I would hate to have to look closely for signs at everyplace I went. If you conceal carry businesses disallowing guns is very seldom an issue, but can be for open carry.

doctruptwn · May 17, 2010, 05:51 PM

Signed by Gov today in effect in 1-2 weeks, After it is published in Kansas Register.

blume357 · May 18, 2010, 07:26 AM

I'm proud of you all. Can you send some of your politicians down and over this way... we'll gladly trade two of ours for one of yours.

w_houle · June 28, 2010, 06:41 PM

Sorry for the long wait, but I forgot I posted here, and yet I'm still wondering if I can OC in JC. I also heard that you cannot OC in KS (anywhere) once you get your CCL.

Quote:

Oddly The Queen signed the NFA into law, I don't think LEO had issues with it.

I think the issue was in the way KS law was constructed didn't allow for anyone in KS to obtain a SOT, and with no NFA dealers in KS there was no way for any LE agencies to obtain NFA items. From what I understand there was no way to allow NFA items in the state just for a few, so they wrote it the way they did. Lawyers around here are clueless on NFA Trusts and the local CLEO still isn't signing off on ATF forms

May 9, 2010, 02:29 PM	#3
w_houle Senior Member Join Date: March 29, 2007 Location: Raleigh, NC Posts: 1,391	Isn't there enough votes there to pass; even with a veto by the Governor? IIRC CCW passed in KS even though Sebelius vetoed it. I also want to say that KS became an NFA state specifically because Law Enforcement had no legal channels to procure NFA items. __________________ How could you have a slogan like "freedom is slavery" when the concept of freedom has been abolished?

May 10, 2010, 12:47 PM	#4
doctruptwn Senior Member Join Date: December 6, 2008 Location: Kansas Posts: 197	After reading it again last night it also appears to not allow, City, County, or State offices to be posted against CCW "IF" these places "CANNOT" provide Appropriate security and Handgun storage For those legally carring. They must have Metal Detectors, and Storage lockers, and Armed security. This had been a separate bill but appears to have been added to SB 306. Sefner This bill was actually in play before the Arizona bill was widely known about. Our formal sign is not universally applied and that is what #14 also covers. There is only 1 legal sign period and it has to be posted exactly as perscribed or it is not legal. The problem before was the AG had a sign but came up with an opinion that while the other signs where not exactly legal the CCW should know what the intent was. Basiclly leaving it open to interpretation of the local DA to decide if they want to initiate charges. So far no test case. I'll try to answer 5&7, # 5 Originally any convicted of a felony could not get a CCW, didn't matter what the Felony was, How long ago, or if it had been Expunged. Later that was changed, to allow you to apply 5 years after it was expunged as long as it wasn't for a drugs, violence, etc. ( the things that would prevent you from being in possessin anyway under federal law) I believe a deversion is when you were convicted of a felony like DWI, or arrested for a charge that would be a felony but were released without actually going to court and being placed on trial. ( sorry I can't answer it better) #7 This kind covers several things. For example Some The section cover juvenials in possession of handguns, A lot of this was wording changes from "pistol or revolver", "weapon" to "handgun". This also covers possession of a firearm on school property, and in the parking lots. As a CCW in Kanas you can pickup and drop off you child while in possesion of a handgun and you can store your weapon in your locked car on school property. You of course can not go into the school building while carring. This was also part of # 14 where we got into "Facilities" again. Schools where trying to say, that the "Gun free zones" extended from the 1000ft area or whatever it was around there School district trucks, etc. calling them an extension of the school facilities. W. Houle 1. Yes it is Veto proof with that voting margin. 2. Your correct about CCW it was vetoed by the one we call "The Queen" needless to say they put her in her place. 3. Oddly The Queen signed the NFA into law, I don't think LEO had issues with it. I think it was more of a money thing and it was keyholed in another bill that she wanted passed really bad. Honestly I don't think she knew what she was signing. Never made any headlines around here. Last edited by doctruptwn; May 10, 2010 at 01:05 PM.

May 18, 2010, 07:26 AM	#9
blume357 Senior Member Join Date: August 2, 2005 Location: Greenville, SC Posts: 3,943	Congratulations! I'm proud of you all. Can you send some of your politicians down and over this way... we'll gladly trade two of ours for one of yours.

May 8, 2010, 09:44 PM	#1
doctruptwn Senior Member Join Date: December 6, 2008 Location: Kansas Posts: 197	Kansas Does It Again RIGHT TO CARRY REFORM GOES TO THE GOVERNOR SB 306 Passes With Overwhelming Vote in House and Senate SB 306, Right To Carry Reform Bill passed the Kansas House with a vote of 103-15 and the Kansas Senate with a vote of 37-2. This is an overwhelming veto proof margin. The Governor is expected to sign this bill into law. Please call or email him and urge him to sign this bill. Contact info is below. Here is what this bill does: 1. Redefines "dependent" - allows non-resident military dependents to apply for CCW permits. 2. Loosens reciprocity language by changing "equal" to "reasonably similar". Before states had to have equal or greater rules for reciprocity to occur. 3. New state residents can carry on their old reciprocal permits until their new permit is issued by state of KS. 4. Removes 6 month waiting period for new KS residents. 5. Removes the state prohibition on individuals with "diversions" from applying for CCW permits. 6. Strikes repetitive language for disqualifiers in statute and inserts federal language. 7. Removes all state disqualifiers that are inconsistent with state firearms possession laws K.S.A 21-4204 and federal disqualifiers under 18 USC 922. 8. CCW permit from recognized state will satisfy training requirement. 9. Requires that fees collected by sheriffs can only be used to administer this act. --Currently the Sherriff can use the funds any way they want. 10. Limits access to CCW permit records to "legitimate law enforcement use". These were not Public Record, But Law Enforcement had no restrictions on when they could look at them. 11. Lowers fees on initial permit cost: $100.00 to AG and $32.50 to Sheriff. Total $132.50. Previously it was $150 to the AG and $40.00 to the Sherriff. 12. Lowes total fee on renewal to $25. All renewals will be processed through AG. No trip to Sheriff's office. This had never been set, Since Kansas got CCW in 2007 no one expires until 2011. 13. No fingerprint requirement for renewal. 14. Establishes specific limitations for prohibited places - only buildings, no parking lots. This has changed twice already and Folks keep pushing the limits on posting property. There is no grey area now. After the last revsion we were left with "Facilities" Which was confusing as to what constituded a Facility. 15. Lowers penalties for fines for prohibited places violations. No longer a Felony to carry past sign. 16. Specific definitions provided for buildings and parking lots. More Of #14 17. Establishes specific limitations for carrying prohibitions in federally restricted areas. Brings in line with National Park Carry 18. Sets new standard for positioning of signs in visible areas. Prior a gun buster could be placed anywhere on the building and be leagally binding. And believe me Onwers got creative. Now it has to be no more than 2 feet from the door at eye level, and cannot be obstructe by any means. 19. Remove implied consent provisions with regard to CUI's. Before Having a premitt was implied consent to be checked for Carring under the influence. 20. Addresses inconsistencies to KPFPA that exist in other areas of Kansas Statute with regard to firearms possession prohibitions. ` A lot of great improvements for the concealed carry law this year! I want to acknowledge Jordan Austin, NRA Liaison for all of his hard work, help and support in making this happen. I would also like to suggest that you contact your legislators and let them know how much we appreciate their work and vote to pass this important piece of concealed carry reform legislation. Following is an alert sent to NRA members today on this subject: Kansas: Right to Carry Reform Moves to Governor's Desk On Thursday, March 6, Senate Bill 306 successfully passed out of the House and Senate by votes of 103 to 15 and 37 to 2 respectively. The bill now heads to Governor Mark Parkinson's (D) desk for his consideration. NRA has been working closely with the Kansas State Rifle Association (KSRA) and the Attorney General's office to clean up and streamline the state's concealed carry statute.As written, the bill would remove many redundant and burdensome provisions of the statute and could allow for a much smoother issuing and renewal process. SB306 would also lower the initial application and renewal fee. Please contact Governor Parkinson and respectfully urge him to support SB 306. Also please thank your legislators for their hard work and support for this bill.To contact your legislator please click here. Contact information for the Governor is listed below. Governor Mark Parkinson (D) 785-296-3232 I added to some of the above but it was most taken from Bubba Joel on KSCCW.com____________ Last edited by doctruptwn; May 8, 2010 at 09:49 PM.

May 9, 2010, 10:13 AM	#2
Sefner Senior Member Join Date: June 24, 2009 Location: Michigan Posts: 769	Awesome, this is another example of us winning the fight. Especially the vote margin (can this maybe be chalked up to Arizona's new legislation?). One thing we need here in MI is the definition of parking lot and some of the buildings. For example we can't carry in a public gathering place that seats "over 2,500 people". Does that apply to entire movie theatres, or just the one theater you are sitting in? Also we have no formal signs (although carrying anyways is only trespass). I also love to see costs lowered, some of the people most in need of a permit are those without funds to get one (single mothers etc). Can you elaborate on number 5 and 7?

May 10, 2010, 01:06 PM	#5
Sefner Senior Member Join Date: June 24, 2009 Location: Michigan Posts: 769	doctor can you give us a link to the bill's language? I'd like to see it and see exactly how many of these can be modeled for my state

May 10, 2010, 01:13 PM	#6
doctruptwn Senior Member Join Date: December 6, 2008 Location: Kansas Posts: 197	I'll do better than that here is the direct PDF link: The Bill http://www.kslegislature.org/306.pdf The supplemental Notes; Kinda a lay persons overview: http://www.kslegislature.orgSN0306.pdf

May 17, 2010, 05:51 PM	#8
doctruptwn Senior Member Join Date: December 6, 2008 Location: Kansas Posts: 197	Signed by Gov today in effect in 1-2 weeks, After it is published in Kansas Register.