76 J. Kan. Bar Assn. 4, 21 (2007). Packing Heat: The Personal and Family Protection Act.

• Author: By Mary D. Feighny

Kansas Bar Journals

Volume 76.

76 J. Kan. Bar Assn. 4, 21 (2007).

Packing Heat: The Personal and Family Protection Act

Kansas Bar JournalVolume 76, April 200776 J. Kan. Bar Ass'n 4, 21 (2007)Packing Heat: The Personal and Family Protection ActBy Mary D. FeighnyI. Introduction

On July 1, 2006, Kansas joined 46 other states in allowing "law-abiding"1 citizens to carry concealed handguns, pistols, or revolvers.2 Attorneys should familiarize themselves with the Personal and Family Protection Act (Act) and be aware of circumstances that may impair their clients' ability to obtain or retain a license. Attorneys representing business or property owners and employers should be prepared to address clients' concerns regarding the presence of concealed handguns on their premises.

Kansas law has generally prohibited individuals from carrying handguns "concealed on one's person," except in limited situations.3 During the 10 years immediately preceding enactment of the Act, the Kansas Legislature struggled with balancing the desires of some Kansans to carry concealed handguns for self-defense with the concerns of other citizens and law enforcement that doing so would result in daily shoot-outs at the "O.K. Corral." In 2006, proponents of carrying concealed handguns won the battle.

Overriding Gov. Kathleen Sebelius' veto, the Act was approved on March 23, 2006, with an effective date of July 1, 2006, and a target date of Jan. 1, 2007, for issuance of the first licenses. The Kansas attorney general, charged with administering the Act, established committees composed of gun owners, firearm trainers, employers, and business and property owners to address the various facets of the new law. A trailer bill, 2006 H.B. 2118,4 addressing issues such as mental illness and substance abuse, carrying a concealed handgun while intoxicated, confidentiality of license records, prohibited places for carrying concealed handguns, and sign requirements was approved by the governor on May 24, 2006.

At the time this article went to press, the 2007 Legislature was considering amendments to the Act. (See the Postscript at the end of this article).

2. Eligibility for Licensure

   An applicant must be at least 21 years old and a U.S. citizen.5 Applicants apply for licensure at the sheriff's office in the county where the applicant resides.6 In addition to being a resident of the county of application, the applicant must also have been a resident of the state for at least six months prior to applying.7

3. Disqualifiers for Licensure

   1. Permanent disqualifiers

      The following disqualifiers will result in the denial of licensure and, if the disqualifying event occurs during the licensure period, revocation of licensure.8 K.S.A. 2006 Supp. 75-7c04(a) sets forth the following permanent disqualifiers:

      1. A physical infirmity preventing safe handling of a weapon;

      2. a felony conviction or diversion for a felony charge in Kansas;9

      3. unless expunged,10 adjudication as a juvenile offender for committing an act that would be a felony if committed by an adult;

      4. diversion for or conviction of an act in another jurisdiction that would constitute a felony in Kansas;

      5. adjudication as a juvenile offender in another jurisdiction for an act that would constitute a felony in Kansas if committed by an adult;

      6. court-ordered treatment for mental illness, alcohol, or substance abuse unless the court restored the person's ability to legally possess a handgun at least five years prior to applying for licensure;11

      7. adjudication as a disabled person in Kansas or another jurisdiction under laws relating to the appointment of a guardian/conservator unless the person has been restored to capacity for at least three years;

      8. dishonorable discharge from the military;

      9. contempt of court in a child support proceeding; or

      10. subject of a restraining order issued in any of the following circumstances:

      a. Protection from Abuse Act or Protection from Stalking Act;

      b. interlocutory restraining orders in a divorce;

      c. protective orders in a child in need of care proceeding;12 or

      d. restraining order from any other jurisdiction that is entitled to full faith and credit in Kansas.

   2. Time limited disqualifiers

      The following disqualifiers apply at the time of application only if the event occurred within five years of the date of application for licensure. However, revocation is warranted if the disqualifying event occurs during the licensure period.13 These time limited disqualifiers are found at K.S.A. 2006 Supp. 75-7c04(a)(5):

      1. Diversion for or conviction of a misdemeanor under the Uniform Controlled Substances Act (UCSA), K.S.A. 65-4101 et seq.;14

      2. unless expunged,15 adjudication as a juvenile offender of committing an act that would be a misdemeanor under the UCSA if committed by an adult;

      3. diversion for or conviction of an act in another jurisdiction that would constitute a misdemeanor under the UCSA;

      4. adjudication as a juvenile offender in another jurisdiction for an act that would be a misdemeanor under the Uniform Controlled Substances Act if the act had been committed by an adult;

      5. two diversions or convictions of Driving Under the Influence (DUI) in Kansas or another jurisdiction;

      6. diversion for or conviction of a domestic violence misdemeanor;16

      7. diversion for or conviction in another jurisdiction of an act that would constitute a...