Here is the release the line officers get about the new laws in Kansas. It is supposed to be a top 10 list. But they only have 5 things on it...
1. Concealed Carry
(Full summary of firearms law changes at: http://tinyurl.com/Ks2015FirearmsSummary)
a. Criminal Law Change
The concealed carry criminal statute now only applies to persons under the age of 21. Persons age 21 or
older can carry a concealed firearm unless they are prohibited by state or federal law from possession of a
firearm. Read the bill explainer. KSA 21-6302. (Effective July 1, 2015. SB45§3; 2015 Session Laws,
chapter 16)
b. Permits Not Required
In general, the permit process, while optional, is still in place and most requirements for obtaining the
permit are unchanged. Many Kansans will still want to have a permit because there will be no reciprocity
to carry in other states without it and many liability insurance companies will not insure persons without
permits. There are many technical amendments throughout these statutes removing references to requiring
a permit. Read the bill explainer. KSA 75-7c03, 75-7c04, 75-7c05. (Effective July 1, 2015. SB45§8, 9,
10; 2015 Session Laws, chapter 16)
c. Permit Holders Do Not Have To Reveal Permit To Law Enforcement
The amendments to KSA 75-7c03 (b) provide even if the person chooses to have a CCH permit they are
not required to have it on their person when carrying concealed in Kansas, nor are they required to show it
to law enforcement or to even reveal to law enforcement that they have one. The provision stating law
enforcement can verify a person has a permit through DMV records or by the license number is also
stricken. It is unclear if we will lose the ability to verify a permit or not, but I am guessing we will. Read
the bill explainer. KSA 75-7c03. (Effective July 1, 2015. SB45§8; 2015 Session Laws, chapter 16)
d. NICS and III available roadside
There is general confusion about what records or systems we can access to determine if a person is
“prohibited by state or federal law” to possess a firearm. This is especially true of roadside access.
i. III can be ran for roadside investigations. The purpose code “F” is used when the III request is related
to a firearm investigation and an incident number, case number, or dispatch record number must be
entered as well. Note that III will not provide you with mental health commitment and other critical
information especially from other states.
ii. NICS is now being made available to Kansas law enforcement, but by federal law is restricted to use
only when we are “releasing” a firearm in our custody to a person. So if you legally have a firearm in
your possession, even roadside, you may run a NICS check through KCJIS. Follow your local legal
advice on when you may take a firearm into your possession during a stop, this is a critical decision
point and a very fine line with developing case law.
iii. I have compiled the current federal law, federal regulations, and state law establishing the prohibitors
into a document available at: http://tinyurl.com/2015FirearmsProhibitors
2. Alcohol Related
a. ABC Regulation Enforcement
After a state Court of Appeals Case in 2014, violations of the Liquor Control Act observed and reported
by local law enforcement have been unenforceable by the ABC. New law requires local law enforcement
to serve notice on the licensee or their representative on premise at the time of the violation. ABC will
have a single form available for law enforcement use to report these violations to both the business and to
the ABC. Or you can use your own form if it meets the requirements for information and service to the
licensee. The ABC will be putting a law enforcement page on their website with forms and other
information. (http://www.ksrevenue.org/abc.html). Read the bill summary. Amends KSA 41-106.
(Effective July 1, 2015. HB2223§2; 2015 Session Laws, chapter 82)
b. “Bring Your Own Booze” for non-licensed businesses
Businesses not licensed by the ABC are allowed to permit consumption on their premises when those
consuming bring their own liquor. Aimed at businesses such as Art Studios and Cigar Shops, but the bill
is very broad and covers nearly any business not licensed by the ABC. The consumption is limited to
9AM to midnight and there can be no cover charge or charge for being allowed to consume alcohol.
These businesses are not subject to regulation or penalty by the ABC, and there is no right to entry for law
enforcement as exists for licensed premises. The ABC will be putting a law enforcement page on their
website with a related form and other information. (http://www.ksrevenue.org/abc.html) Read the bill
summary. Amends KSA 41-719. (Effective July 1, 2015. HB2223§17; 2015 Session Laws, chapter 82)
c. Powdered Alcohol
The sale or serving of any form of powdered alcohol by a licensee is prohibited. Possession is not
prohibited in these statutes. “Powdered alcohol” is alcohol prepared in a powdered or crystal form for
either direct use or for reconstruction in a nonalcoholic liquid. All alcohol, including powdered, is
covered by the Liquor Control Act. Read the bill summary. Creates a new statute. Amends KSA 41-102
& 41-2640. (Effective July 1, 2015. HB2223§3, 4, & 5; 2015 Session Laws, chapter 82)
3. Scrap Metal Theft
The Scrap Metal Theft Reduction act is implemented under the Office of Attorney General and is an extensive
overhaul of the approach to metal theft in Kansas. State licensing of all scrap metal dealers is required
effective January 1, 2016, a state database of scrap metal transactions will be created with implementation by
July 1, 2016, and the AG has full investigatory, regulatory, and enforcement authority over administrative
violations of the act. Violations of the act by scrap metal dealers will no longer be criminal, but instead civil
penalties may be assessed through the AG. Existing local scrap metal licensing, registration and regulation
will be null and void. Existing statutes, with some amendments, become part of the act. There are also several
criminal law additions and amendments made including prima facie evidence of intent to permanently deprive
by using false identification or removing the materials from the county in which they were taken; the creation
of a new crime of aggravated criminal damage for damage caused by the taking of the regulated metal; and
allows business records of scrap metal dealers to be used in preliminary hearings without testimony as to
authenticity. Read the bill summary. Amends KSA 21-5804, 21-5813, 21-6604, 21-6804, 50-6,109, 50-6,110,
50-6,111, 50-6,112a, 50-6,112b and 50-6,112c. Repeals KSA 21-6604c and 50-6,112. (Effective July 1, 2015.
HB2048; 2015 Session Laws, chapter 96)
4. New Commercial Driver’s License Codes
Seven new CDL endorsement and restriction codes are added: “E” – no manual transmission in a commercial
motor vehicle (CMV); “O” – no tractor-trailer; “M” – no class A passenger vehicle; “N” – no class A or B
passenger vehicle; “Z” – no full air brake in CMV; “K” – for intrastate only; and “V” – for medical variance.
Existing Codes are: ‘‘H’’–authorizes the driver to drive a vehicle transporting hazardous materials; ‘‘L’’–
restricts the driver to vehicles not equipped with airbrakes; ‘‘T’’–authorizes driving double and triple trailers;
‘‘P’’–authorizes driving vehicles carrying passengers; ‘‘N’’–authorizes driving tank vehicles; ‘‘X’’–
represents a combination of hazardous materials and tank vehicle endorsements; ‘‘S’’–authorizes driving
school buses. The new codes brings Kansas into compliance with federal requirements. Read the bill
summary. Amends KSA 8-8,135. (Effective May 14, 2015. HB2090§4; 2015 Session Laws, chapter 49)
5. Vehicle Registration Expiration: Letter of Renewal
A receipt for vehicle registration renewals completed by internet or mail serve as proof of renewal and the
lack of the decal during the first ten days after the expiration date will not result in conviction. In essence, we
should handle these the same way we handle no DL on person cases. If a citation is issued during the ten day
period, the receipt can be shown to the court and the charge will be dismissed. Officers should consider if a
citation is appropriate if a vaild receipt is presented at the time of the stop. This only applies when the actual
renewal took place prior to expiration of the registration plate. Read the bill summary. Amends KSA 8-142.
(Effective July 1, 2015. HB2013§3; 2015 Session Laws, chapter 47)
