Kansas Constitutional Carry Laws

6 min readJun 20, 2024

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Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.

Kansas Gun Control Laws

Kansas’s approach to gun control reflects a commitment to minimal restrictions on the right to bear arms, contrasting with neighboring states like Colorado, which impose more regulations. Each state balances public safety and individual rights differently.

Constitutional and Federal Context

The right to bear arms is protected by the U.S. Constitution’s Second Amendment and various state constitutions. Recent U.S. Supreme Court decisions affirm this right for self-defense and lawful purposes, subjecting gun laws to greater scrutiny. Federal regulations govern interstate commerce in firearms, require registration of certain weapons, and prohibit firearm possession by specific individuals, including felons and those with domestic violence convictions. The National Instant Criminal Background Check System (NICS) assists in enforcing these prohibitions.

Kansas Gun Laws Overview

Kansas introduced a concealed handgun permit law in 2007 with the Personal and Family Protection Act, requiring applicants to meet eligibility criteria and pass a background check. In 2015, Kansas adopted a permitless carry law, allowing individuals 21 and older to carry concealed firearms without a permit, provided they are law-abiding and not prohibited from firearm possession. The Kansas Attorney General’s office continues to issue permits for reciprocity with other states.

Restrictions and Prohibited Locations

Kansas law prohibits firearms in specific locations, including the capitol buildings in Topeka, the governor’s residence, certain courthouses, and state-owned buildings with posted signs. However, individuals compliant with Kansas concealed carry laws may carry firearms in most public areas unless adequate security measures, such as armed guards and metal detectors, are in place. Additional restrictions apply to secure areas of law enforcement agencies, correctional facilities, jails, courtrooms, and certain public medical and mental health facilities.

Criticism and Lack of Safeguards

Critics argue that Kansas’s gun laws are too lenient, lacking measures like mandatory background checks for private gun sales, firearm registration, and requirements to report lost or stolen guns. The state does not regulate assault weapons or the transportation of firearms in vehicles, leading to ongoing debate about public safety versus gun rights.

Relevant Statutes

Kansas Statutes Annotated (K.S.A.), Chapter 21, Crimes and Punishments

Section 21–6301: Criminal use of weapons
Section 21–6302: Criminal carrying of a weapon
Section 21–6303: Criminal distribution of firearms to a felon
Section 21–6304: Criminal possession of a firearm by a convicted felon
Section 21–6305: Aggravated weapons violation by a convicted felon
Section 21–6306: Defacing identification marks of a firearm
Section 21–6309: Unlawful possession of firearms on certain government property
Section 21–6332: Possession of firearm under the influence

K.S.A. Chapter 75, Article 7c, Firearms

Section 75–7c03: License to carry concealed handgun
Section 75–7c04: Disqualifications; handgun safety training course
Section 75–7c10: Restrictions on carrying concealed handgun
Section 75–7c20: Concealed handguns in public buildings
Section 75–7c21: Concealed handguns in the state capitol

Illegal Arms

Kansas bans the following firearms:

Shotguns with barrels less than 18 inches
Automatic weapons
Handgun cartridges with plastic-coated bullets with less than 60% lead cores
Suppressors (silencers)
Spring gun traps
Firearms with barrels less than 12 inches (prohibited for those under 18)
Defaced firearms

Waiting Period

There is no waiting period for purchasing a firearm in Kansas.

Prohibited Persons

The following individuals cannot own guns in Kansas:

Addicts or unlawful users of controlled substances
Those with mental illness subject to involuntary commitment
Individuals with alcohol or substance abuse problems under involuntary commitment
Felons under state or federal law
Aliens unlawfully in the U.S.
Subjects of domestic violence protective orders
Those convicted of a domestic violence misdemeanor in the past five years
Fugitives from justice

License Requirements

No license is required to purchase or own a firearm in Kansas.

Concealed Carry

Kansas is a permitless carry state. Any law-abiding citizen (21 or older) not prohibited from possessing firearms can carry a concealed handgun without a permit. However, permits are available for those who need them for reciprocity with other states.

Open Carry

Open carry is allowed in Kansas, subject to restrictions in certain locations.

Eligibility for a Concealed Carry License

To qualify for a concealed carry license:

Be 21 years or older (18 for a provisional license)
Be a Kansas resident
Complete an 8-hour handgun safety and training course
Not be prohibited from possessing a weapon under federal or Kansas law
Submit fingerprints
Pass a criminal background check

Machine Gun Laws

It is illegal to possess, sell, manufacture, or carry a machine gun unless registered and compliant with federal law.

Penalties for Illegal Firearm Possession

Criminal penalties in Kansas are determined by the Kansas Sentencing Guidelines:

Severity Level 8, Nonperson Felonies:
Possession by a mentally ill person
Possession by a convicted felon
Possession by a fugitive
Possession by an illegal alien
Possession by someone under a protection order
Possession by someone with a domestic violence misdemeanor
Certain aggravated weapons violations
Severity Level 9, Nonperson Felonies:
Illegal possession of a suppressor
Illegal possession of a shotgun with a barrel less than 18 inches
Illegal possession of an automatic firearm
Certain aggravated weapons violations
Severity Level 10, Nonperson Felonies:
Defacing firearm identification marks
Class A Misdemeanors:
Transferring a firearm with a barrel under 12 inches to a minor
Possession of such a firearm by a minor
Carrying a concealed firearm under 21 without a permit (outside personal property)
Criminal distribution of a firearm to a felon
Unlawful possession on government property
Possession while under the influence
Class B Nonperson Select Misdemeanor:
Possession by an addict and unlawful user of a controlled substance

Penalties for Illegal Possession on or Near School Grounds

Illegal possession of a firearm on or near school grounds is a Class B nonperson select misdemeanor offense.

Red Flag Law

No.

Universal Background Checks

No.

Stand Your Ground Law

Yes. In Kansas, a person can use deadly force in self-defense or defense of others if they reasonably believe it necessary to prevent imminent death or great bodily harm. There is no duty to retreat before using such force. A person claiming self-defense can request an immunity hearing before charges are filed, and a prosecutor must establish probable cause to proceed with charges.