Read the transcript from a past chat with Asst. Atty Gen. C.W. Klebe on the process people must go through to obtain a concealed carry permit in Kansas

July 2, 2007

This chat has already taken place. Read the transcript below.

C.W. Klebe

C.W. Klebe, an assistant attorney general in the concealed carry unit, will answer questions about the process people must go through to get a concealed carry permit in Kansas.

Moderator:

Hi. I'm Chad Lawhorn, the moderator for today's chat. Thanks to Mr. Klebe for chatting with us today. We have a few questions, but invite readers to submit additional ones.

C.W. Klebe:

Thanks for having me today! Looking forward to helping out.

Moderator:

Moderator: I'll ask the first question. If someone is thinking about getting a concealed carry permit, where is the first place they should go?

C.W. Klebe:

The best place to go, when considering applying for a Kansas concealed carry license, would probably be the Attorney General's wesite (www.ksag.org). From there, click on the concealed carry link. A lot of questions can be answered there through the various links we have compiled. For those who are not aware, there is a required 8 hour certification course, consisting of learning about the various Kansas laws on the subject and also a "live-fire" testing, which has to be completed prior to application. The Attorney General's website has a link where you can look up Attorney General certified instructors who teach that course. There are numerous other links full of helpful information on a broad range of topics as well.

awdvkd:

If you have concealed handgun permit can you carry it on the "T" bus system. Right now it is posted that you can't. I thought it only involved bldgs.

C.W. Klebe:

K.S.A. 75-7c11, as it was amended by House Bill 2528 (which was published in the May 3, 2007 edition of the Kansas Register), states, "Nothing in this act shall be construed to prevent: . . . any private business or city, county or political subdivision from restricting or prohibiting persons licensed under this act from carrying a concealed weapon within a building or buildings of such entity, provided that the premises are posted . . ." It would not appear that posting of the buses would be allowed as they are not "buildings of such entity." While the owner of the busing system may not be able to restrict concealed carry through general posting, they may be able to fall back on trespass charges if they ask a licensee to leave the bus and the licensee refuses.

Let me remind everyone tuning in that the answers I am providing today are not formal legal opinions of the Attorney General, but are initial readings by the Concealed Carry Unit.

skipwilson:

With a non violent expunged felony is it still possible to get a concealed carry permit?

C.W. Klebe:

Any felony conviction or diversion, even if expunged, will disqualify an applicant at this time. The amended expungement statute, K.S.A. 21-4619, gave the Attorney General access to expunged criminal records "to aid in determining qualifications for a license to carry a concealed weapon." K.S.A. 21-4619(i)(15).

458casul:

cw has there been any problems with permit holders

C.W. Klebe:

We have had a few incidents with Kansas permit holders...nothing involving the firing of a weapon though. Essentially a couple incidents where a licensee was arrested for carrying under the influence and a couple incidents involving restraining orders. Once the unit receives word of an incident involving a licensee we immediately suspend or revoke their license and await the outcome of the matter to make a final determination on what final administrative action to take.

DaveR:

If I see someone who is carrying heat, how do I know he is doing so legally?

C.W. Klebe:

Basically, unless you are law enforcement, a licensee does not have to disclose to you the nature of their carrying. Licensees are of a confidential nature and not subject to public disclosure (K.S.A. 75-7c06(b); only when asked by law enforcement is a licensee required to disclose his status (K.S.A. 75-7c03(b)). The best thing to do if faced with a situation like this is to contact local law enforcement and have them handle the situation

Farmboy:

What are the regulations regarding unconcealed carry, either pistols or long guns?

C.W. Klebe:

Kansas has no statutes or regulations governing the "open carry" of firearms. Those types of rules and regulations were left to the local cities and counties. Generally, the larger cities and counties do not allow such carrying of firearms and therefore an individual (who is not a concealed carry licensee) will only be subject to K.S.A. 12-16,124 regarding the transportation of firearms. The best thing to do if concerned is to contact local authorities and ask for their local rules and regulations regarding open carry.

drake:

What about a CCW holder who wants to drive across the KU campus? Signs at the entrances say they prohibit this even though I wouldn't be in a building.

Baille:

C.W. - Can you give an overview of what is required of a person before they are able to obtain a license to carry a concealed weapon? How long should one expect the process to t ake?

C.W. Klebe:

This one is a little tricky because of the language used in the provision. K.S.A. 75-7c10(a)(14) speaks of posting community college, college, or university "facili[ties]." The term facility was not defined in the Personal and Family Protection Act. The thing to point out here, is that, students and faculty are subject to school administrative policy as well as state laws. So, while there may not be a violation of state law, the student or faculty member could still be facing discipline according to administrative policy. As to the non-student or faculty driving through, its hard to say at this point how that term facility will be interpreted.

Moderator:

This will be our last question. Just briefly go over what a person must do to get a permit, and how long does the entire process take? I thank you for your time today, and thank all the readers for their questions.

C.W. Klebe:

As mentioned before, there is the 8 hour training course with live-fire exercise. An applicant must then go to their county of residence Sheriff's office to be fingerprinted and have their application sent to the Attorney General's office from there. There is a $40 cashier's check or money order due to the Sheriff's office and a $110 cashier's check or money order made out to the Attorney General's office due with the application. Applicant's must be 21, a resident of Kansas for 6 months immediately preceding application. Applicants cannot have any felonies in their criminal history even if expunged. Cannot be in violation of federal law (specifically in terms of domestic violence convictions and mental illness issues). Applicants also must not have, within the 5 years preceding application: (1) any misdemeanor controlled substance convictions/diversions; (2) cannot have had 2 DUI's convictions/diversions; (3) no prior concealed carry violations; (4) no convictions or diversions for an act that constitutes domestic violence; or violations of carrying under the influence. Applicants cannot have been dishorably discharged from the military, have been ordered by a court to receive treatment for mental health or alcohol/controlled substance abuse (unless restored to capacity by the court). An applicant cannot be currently under charges for a crime which would render them ineligible should they be convicted or placed on diversion. Cannot have been adjudged "disabled" by a court for purposes of obtaining a guardian or conservator (unless restored to capacity). Also, applicants, as juveniles, cannot have been "adjudicated" of any of the above listed disqualifying crimes. Hopefully that pretty much hit all of the requirements; if it didn't, they are listed at K.S.A. 75-7c04. Right now, the process time is taking about 2 total months to complete. If a person has applied and not heard anything after about 2 and a half months, give us a call 785-291-3765 and we'll see if we can figure out where the hold up is.

Comments

Michael Capra 7 years, 11 months ago

one day people will understand it will cut crime across the board

DaveR 7 years, 11 months ago

Since a citizen, according to the Assistant Attorney General, cannot know who is carrying legally & who is not, it seems the only thing to do is call the cops whenever you see anyone carrying. A gun big enough to be useful is not that easily "concealed". Of course, by that time they will have moved on. (Like I'm going to make a citizen's arrest?!)

So if I don't have the rent this month, I should tuck something into my belt which just might maybe sort of could be peeking out & go over to the local 711 & just ever so casually ask the guy behind the register if I can have a loan. I didn't show him nothin. Didn't say anything rude or impolite. He gave me a hundred bucks. He's a nice guy. Sure to pay him back, just as soon as I can. I could do this even if I was carrying LEGALLY. Variations on this scam (without the gun, but with the implied threat) have been common in New York for decades.

There is no prohibition against carrying on public transportation. I am speechless.

Michael Capra 7 years, 11 months ago

you need to see someone about your problem

Sigmund 7 years, 11 months ago

"So if I don't have the rent this month, I should tuck something into my belt which just might maybe sort of could be peeking out & go over to the local 711 & just ever so casually ask the guy behind the register if I can have a loan."

Aggravated robbery and if the 711 has an Bank ATM machine a violation of Federal Law as well, but good luck with that anyways.

21-3427. Aggravated robbery. Aggravated robbery is a robbery, as defined in K.S.A 21-3426 and amendments thereto, committed by a person who is armed with a dangerous weapon or who inflicts bodily harm upon any person in the course of such robbery.

  Aggravated robbery is a severity level 3, person felony.

DaveR 7 years, 11 months ago

Hello Sigmund,

A felony is if I stick the gun in his face. But hey, I'm 25 & black & the nicest guy you'll ever meet. And I carry & I'm legal. Got a problem with that?

Baille 7 years, 11 months ago

Speechless? Really? Cause this thing was debated to hell and back before passage and the law is easily found.

Charles L Bloss Jr 7 years, 11 months ago

With all the restrictions in the law about where one cannot carry a weapon, and all the signs the liberal store owner's put up, the concealed carry law is basically good only for carrying a firearm in your car. Therefore, what is it that has all the liberals, or anyone else for that matter, so upset? This law is basically useless, except for the above mentioned benefit. Thank you, Lynn

Jamesaust 7 years, 11 months ago

"There is no prohibition against carrying on public transportation. I am speechless." "Speechless? Really? Cause this thing was debated to hell and back before passage and the law is easily found."

Actually not. As the chat response correctly identified, "K.S.A. 75-7c11, as it was AMENDED by House Bill 2528" just THIS year gutted LAST year's statute that allowed restriction from "premises" and owner's "property" (which would impliedly give the 'green light' to prohibit weapons on their buses) and replaced with "buildings". So, for example, a car dealer can prohibit weapons inside the showroom but not on THEIR own car lot. There wasn't hardly any discussion of this change; all the noise was confined to 'guns at sporting events.' (I did a quick search on LJWorld and didn't find anything.)

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