2009 Kansas Code
Chapter 75 STATE DEPARTMENTS; PUBLIC OFFICERS AND EMPLOYEES
Article 7c FIREARMS
75-7c05. Same; application; fees; fingerprints; sheriff's report; criminal history records report; issuance or denial of license; requirements for retired law enforcement officers.

75-7c05

Chapter 75.--STATE DEPARTMENTS; PUBLIC OFFICERS AND EMPLOYEES Article 7c.--FIREARMS

      75-7c05.   Same; application; fees; fingerprints; sheriff's report; criminal history records report; issuance or denial of license; requirements for retired law enforcement officers. (a) The application for a license pursuant to this act shall be completed, under oath, on a form prescribed by the attorney general and shall only include:

      (1) (A)   Subject to the provisions of subsection (a)(1)(B), the name, address, social security number, Kansas driver's license number or Kansas nondriver's license identification number, place and date of birth and occupation of the applicant; (B) in the case of an applicant who presents proof that such person is on active duty with any branch of the armed forces of the United States and who does not possess a Kansas driver's license or Kansas nondriver's license identification, the number of such license or identification shall not be required;

      (2)   a statement that the applicant is in compliance with criteria contained within K.S.A. 2009 Supp. 75-7c04, and amendments thereto;

      (3)   a waiver of the confidentiality of such mental health and medical records as necessary to determine the applicant's qualifications under subsection (a)(8) of K.S.A. 2009 Supp. 75-7c04, and amendments thereto;

      (4)   a statement that the applicant has been furnished a copy of this act and is knowledgeable of its provisions;

      (5)   a conspicuous warning that the application is executed under oath and that a false answer to any question, or the submission of any false document by the applicant, subjects the applicant to criminal prosecution under K.S.A. 21-3805, and amendments thereto; and

      (6)   a statement that the applicant desires a concealed weapon license as a means of lawful self-defense.

      (b)   The applicant shall submit to the sheriff of the county where the applicant resides, during any normal business hours:

      (1)   A completed application described in subsection (a);

      (2)   except as provided by subsection (g), a nonrefundable license fee of $150, if the applicant has not previously been issued a statewide license or if the applicant's license has permanently expired, which fee shall be in the form of two cashier checks or money orders of $40 payable to the sheriff of the county where the applicant resides and $110 payable to the attorney general;

      (3)   a photocopy of a certificate or an affidavit or document as described in subsection (b) of K.S.A. 2009 Supp. 75-7c04, and amendments thereto; and

      (4)   a full frontal view photograph of the applicant taken within the preceding 30 days.

      (c) (1)   The sheriff, upon receipt of the items listed in subsection (b) of this section or subsection (a) of K.S.A. 2009 Supp. 75-7c08, and amendments thereto, shall provide for the full set of fingerprints of the applicant to be taken and forwarded to the attorney general for purposes of a criminal history records check as provided by subsection (d). In addition, the sheriff shall forward to the attorney general a copy of the application and the portion of the original or renewal license fee which is payable to the attorney general. The cost of taking such fingerprints shall be included in the portion of the fee retained by the sheriff.

      (2)   The sheriff of the applicant's county of residence or the chief law enforcement officer of any law enforcement agency, at the sheriff's or chief law enforcement officer's discretion, may participate in the process by submitting a voluntary report to the attorney general containing readily discoverable information, corroborated through public records, which, when combined with another enumerated factor, establishes that the applicant poses a significantly greater threat to law enforcement or the public at large than the average citizen. Any such voluntary reporting shall be made within 45 days after the date the sheriff receives the application. Any sheriff or chief law enforcement officer submitting a voluntary report shall not incur any civil or criminal liability as the result of the good faith submission of such report.

      (3)   All funds retained by the sheriff pursuant to the provisions of this section shall be credited to a special fund of the sheriff's office which shall be used solely for law enforcement and criminal prosecution purposes and which shall not be used as a source of revenue to meet normal operating expenses of the sheriff's office.

      (d)   Each applicant shall be subject to a state and national criminal history records check which conforms to applicable federal standards for the purpose of verifying the identity of the applicant and whether the applicant has been convicted of any crime that would disqualify the applicant from holding a license under this act. The attorney general is authorized to use the information obtained from the national criminal history record check to determine the applicant's eligibility for such license.

      (e)   Within 90 days after the date of receipt of the items listed in subsection (b), the attorney general shall:

      (1)   Issue the license and certify the issuance to the department of revenue; or

      (2)   deny the application based solely on: (A) The report submitted by the sheriff or other chief law enforcement officer under subsection (c)(2) for good cause shown therein; or (B) the ground that the applicant fails to qualify under the criteria listed in K.S.A. 2009 Supp. 75-7c04, and amendments thereto. If the attorney general denies the application, the attorney general shall notify the applicant in writing, stating the ground for denial and informing the applicant the opportunity for a hearing pursuant to the Kansas administrative procedure act.

      (f)   Each person issued a license shall pay to the department of revenue fees for the cost of the license and the photograph to be placed on the license, which shall be in amounts equal to the fees required pursuant to K.S.A. 8-243 and 8-246, and amendments thereto, for a driver's license photograph and replacement of a driver's license.

      (g)   A person who is a retired law enforcement officer, as defined in K.S.A. 21-3110, and amendments thereto, shall be: (1) Required to pay an original license fee of $100, which fee shall be in the form of two cashier checks or money orders, $40 payable to the sheriff of the county where the applicant resides and $60 payable to the attorney general, to be forwarded by the sheriff to the attorney general; (2) exempt from the required completion of a weapons safety and training course if such person was certified by the Kansas law enforcement training commission not more than eight years prior to submission of the application; (3) required to pay the license renewal fee; (4) required to pay to the department of revenue the fees required by subsection (f); and (5) required to comply with the criminal history records check requirement of this section.

      History:   L. 2006, ch. 32, § 5; L. 2006, ch. 210, § 3; L. 2009, ch. 101, § 3; July 1.