SESSION OF 2021
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2058
As Amended by Senate Committee on Federal
and State Affairs
Brief*
HB 2058, as amended, would amend law related to the
recognition and issuance of concealed carry licenses
(license); would create two concealed carry license classes;
and would created the Kansas Protection of Firearms Rights
Act.
License Reciprocity
The bill would specify a valid license or permit to carry a
concealed firearm issued by another jurisdiction would be
recognized in Kansas while such permit or license holder is
not a Kansas resident.
The bill would provide valid licenses or permits issued
by another jurisdiction would entitle the lawful holder only to
carry concealed handguns as defined in Kansas law, and
would require such persons to act in accordance with Kansas
laws while carrying a concealed handgun in the state.
The bill would also state criminal provisions in continuing
law prohibiting the carrying of a concealed firearm by persons
under age 21 would not apply to residents of another state
who are less than 21 years of age and lawfully carrying a
concealed firearm pursuant to a recognized out-of-state
license.
The bill would provide that recognition of a license or
permit from another jurisdiction would not be construed to
____________________
*Supplemental notes are prepared by the Legislative Research Department
and do not express legislative intent. The supplemental note and fiscal note
for this bill may be accessed on the Internet at http://www.kslegislature.org
impose a general prohibition on the open or concealed
carrying of handguns, either loaded or unloaded, without a
license.
Issuance of an Alternative License During Certain
Circumstances
The bill would require the Attorney General to issue
documents to concealed carry licensees (licensees) as an
alternative to the physical card issued pursuant to continuing
law, if the Attorney General determines it is impractical for the
Department of Revenue Division of Vehicles (Division) to
issue such physical cards, and if the Attorney General
determines such impractical conditions have lasted for at
least 30 days.
The bill would provide that, if such a determination was
made, the alternative authorization document would authorize
the licensee to exercise the rights and privileges to carry a
concealed handgun, pursuant to the Personal and Family
Protection Act (PFPA).
The bill would state the alternative document must state
it is proof that the licensee holds a valid license to carry
concealed handguns and must include the same information
included on a regular license card under continuing law, as
follows:
● Licensee’s name;
● Licensee’s signature;
● Licensee’s address;
● Licensee’s date of birth; and
● Licensee’s driver’s license number; or
● Nondriver’s identification card number; or
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● Unique number for military applicants or their
dependents as required by continuing law.
The bill would further specify that all such documents
issued during the period of determined impracticality would
expire 90 days after such conditions have ceased and it is
practical for the Division to resume issuing physical cards.
The bill would also make a conforming amendment to
provisions regarding the issuance of a license, requiring
issuance of such authorization documents within 90 days
after receipt of a completed application, if the Attorney
General has made a determination of impracticality with
regard to card issuance.
Concealed Carry License Classes
The bill would create two license classes:
● A provisional license that could be issued to
persons who are at least 18 years of age and meet
the requirements in continuing law for issuance of
a license; and
● A standard license for persons who are over 21
years of age and meet the requirements in
continuing law for issuance.
[Note: Persons over 21 years of age could also carry a
concealed firearm without a license pursuant to continuing
law.]
The bill would specify that if a licensee holds a valid
provisional license at the time a renewal application is
submitted, then the Attorney General shall issue a standard
license to the licensee if such person is not otherwise
disqualified from holding a license. [Note: Continuing law
provides that licenses are valid for a period of four years.]
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Under the provisions of the bill, a license would be
required to indicate whether it is a provisional or standard
license.
The bill would also make conforming changes in statutes
related to crimes and hunting to allow persons who hold a
valid provisional license, but are under 21 years of age, to
carry a concealed handgun in the same manner as an
individual licensed under existing law. Specifically, the bill
would amend statutes related to the following:
● Traffic in contraband in a correctional institution or
care and treatment facility, specifying that
provisional licensees may possess a firearm or
ammunition while in a vehicle, or store such items
in a vehicle;
● Criminal use of weapons, specifying that
provisional licensees may possess a concealed
handgun in or on certain school property or
grounds and buildings used by a unified school
district or accredited nonpublic school. [Note: The
PFPA exempts public school district buildings from
the adequate security requirements which must be
met by other public buildings seeking to prohibit
concealed carry of weapons in such buildings,
allowing school districts to restrict concealed carry
of handguns in school buildings by posting
signage.];
● Criminal carrying of weapons;
● Possession of a concealed handgun in certain
government buildings; and
● Carrying a concealed handgun while hunting,
fishing, or furharvesting.
The bill would also make conforming changes to the
PFPA to carry out the provisions of the bill.
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Kansas Protection of Firearms Rights Act
The bill would enact the Kansas Protection of Firearms
Rights Act by amending current law regarding criminal
possession of a weapon by a convicted felon.
Lifetime Prohibition
The bill would specify, for convictions of a person felony
or violation of certain controlled substances crimes prior to
July 1, 2009, the convicting court would have had to find the
person used a firearm in the commission of the crime, rather
than having been in possession of a firearm at the time of the
commission of the crime.
Three Year Prohibition
The bill would prohibit possession of weapons, including
firearms, by an individual as follows:
● Such individual has been convicted of a person
felony or a crime under the law of another
jurisdiction that is substantially the same as such
person felony;
● Such individual was adjudicated as a juvenile
offender for a crime that if committed by an adult
would constitute a person felony;
● Such individual was found by the convicting court
to have used a firearm in the commission of the
crime; and
● Less than three years have elapsed since such
individual satisfied the sentence imposed, terms of
any diversion agreement, or discharged from
supervision.
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Eight Year Prohibition
Current law prohibits possession of a weapon by
persons:
● Convicted of certain controlled substances felony
crimes; certain crimes against persons and
property; sex offenses; or an attempt, conspiracy,
or criminal solicitation of any such felony;
● Convicted of a crime under the law of another
jurisdiction that is substantially the same as such
felony; or
● That have been released from imprisonment for
such felony, or adjudicated as a juvenile offender
because if committed by an adult, the crime would
constitute the commission of such felony.
The bill would clarify current law to provide that such
provisions would apply if less than eight years have elapsed
since the person satisfied the sentence imposed, terms of
any diversion agreement, or discharged from supervision.
The bill would make a technical amendment to clarify
that persons convicted of certain controlled substance felony
offenses prior to their 2010 recodification transfer would be
prohibited from possessing a weapon.
Three Month Prohibition
The bill would also add provisions that would prohibit
possession of a weapon by an individual as follows:
● Such individual has been convicted of any other
nonperson felony, other than those specified in the
bill and continuing law, or a crime of another
jurisdiction that is substantially the same as such
nonperson felony; or
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● Such individual was adjudicated by a juvenile
offender because if committed by an adult, the
crime would constitute the commission of such
nonperson felony; and
● Less than three months have elapsed since since
such individual satisfied the sentence imposed,
terms of any diversion agreement, or discharged
from supervision.
Expungement or Pardon of Felony Convictions
Additionally, the bill would remove the restriction on
firearm possession for an individual that has had a felony
conviction expunged or pardoned if a lifetime, three year, or
three month weapons possession prohibition would apply
under the bill.
Expungement Proceedings
Current law requires a court to order a petitioner’s arrest
record, conviction, or diversion be expunged if the court
makes certain findings. The bill would require that for
petitions seeking expungement of a felony conviction, the
court find that possession of a firearm by the petitioner is not
likely to pose a threat to the safety of the public.
Concealed Carry License Application
The bill would remove a provision in current law that
requires the person disclose that the arrest, conviction, or
diversion occurred, even if the associated records are
expunged, when such person applies for a concealed carry
license.
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Firearm Possession
The bill would provide, when a person whose arrest
record, conviction, or diversion of a crime that resulted in
such person being prohibited by state or federal law from
possession a firearm has been expunged, it shall be deemed
that such person’s right to keep and bear arms is fully
restored. The restoration of rights would include, but not be
limited to, the right to use, transport, receive, purchase,
transfer, and possess firearms. The bill would specify that the
provisions concerning restoration of rights would include any
orders issued prior to July 1, 2021.
Disclosure of Expunged Records
Current law provides expunged records may not be
disclosed except when requested by certain persons. The bill
would amend provisions related to disclosure to the Attorney
General by specifying such records could be disclosed to the
Attorney General for any purpose authorized by law, except
that such records could not be the basis for the denial of a
concealed carry permit.
The bill would also amend provisions allowing disclosure
to the Kansas Bureau of Investigation (KBI) to remove
provisions allowing such records to be used in connection
with a National Instant Criminal Background Check System
(NICS) record check through the Federal Bureau of
Investigation (FBI), to determine a person’s qualifications to
possess a firearm.
The bill would further specify, upon issuance of an
expungement order, the KBI would be required to report to
the FBI that such expunged record should be withdrawn from
NICS. The KBI would be required to include such
expungement order in the person’s criminal history record for
purposes of documenting the restoration of such person’s
right to keep and bear arms.
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Background
The House Committee on Federal and State Affairs
(House Committee) inserted the contents of HB 2089, as
introduced, into HB 2058, as introduced. The House
Committee on Federal and State Affairs then made further
amendments to provisions related to the issuance of
alternative documents and adopted a technical amendment.
The House Committee of the Whole also made
amendments to the bill.
The Senate Committee on Federal and State Affairs
amended the bill by inserting the provisions of SB 190, as
introduced.
HB 2058 (License Reciprocity)
The bill was introduced by the House Committee on
Federal and State Affairs at the request of Representative
Barker on behalf of the Attorney General.
[Note: HB 2058, as introduced, contained provisions
similar to those of 2020 HB 2326, as recommended by the
House Committee.]
House Committee on Federal and State Affairs
In the House Committee hearing on the bill on January
27, 2021, proponent testimony was provided by the Attorney
General and a representative of the Kansas State Rifle
Association. The proponents stated recognition of out-of-state
permits would ensure Kansas permit holders would have their
credentials recognized in certain other states.
Opponent testimony was provided by representatives of
Kansas Interfaith Action and Moms Demand Action for Gun
Sense in America, and a private citizen. The opponents
expressed their concern for additional concealed firearms
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possibly being carried in the state and said out-of-state
permits may require less stringent qualifications. Written-only
opponent testimony was provided by seven private citizens.
No other testimony was provided.
HB 2089 (Issuance of an Alternative License During Certain
Circumstances)
HB 2089 was introduced by the House Committee at the
request of Representative Barker on behalf of the Attorney
General.
House Committee on Federal and State Affairs
In the House Committee hearing on HB 2089 on
January 27, 2021, proponent testimony was provided by the
Attorney General and a representative of the Kansas State
Rifle Association. The proponents stated, due to the COVID-
19 pandemic, it is more difficult for a concealed carry permit
holders to obtain a permit card. They further stated the bill
would provide the Office of Attorney General more flexibility in
issuing paper documents that would be recognized the same
as permit cards.
No neutral or opponent testimony was provided.
House Committee of the Whole
The House Committee of the Whole made a technical
amendment to the bill and inserted provisions that would
create two license classes.
[Note: The inserted provisions are similar to the
provisions of HB 2059, as introduced.]
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Senate Committee on Federal and State Affairs
In the Senate Committee Hearing, proponent testimony
was provided by Representative Blake Carpenter, a
representative of the National Rifle Association, and a private
citizen. Proponents generally stated that the bill would help
bring Kansas into compliance with other parts of the country
concerning concealed carry licenses and would correct an
oversight in previous concealed carry legislation. Written-only
proponent testimony was provided by the Kansas Office of
the Attorney General and the Kansas State Rifle Association.
Opponent testimony was provided by three
representatives of Moms Demand Action and one private
citizen. Opponents generally stated concerns about high
school aged individuals carrying concealed handguns, higher
rates of gun violence among 18 to 20 year olds than those 21
years and older, and the damaging effects gun violence can
have on families and communities. Written-only opponent
testimony was provided by two representatives of the Kansas
Chapter of American Academy of Pediatrics, the Executive
Director of Kansas InterFaith Action Committee, a
representative of Kansas Moms Demand Action, a
representative of the Kansas National Education Association,
two representatives of Moms Demand Action, a
representative of Students Demand Action, and four private
citizens.
No other testimony was provided.
The Senate Committee amended the bill by inserting the
contents of SB 190, as introduced. The Senate Committee
reconsidered its action on the bill in order to amend the
contents of SB 190, as introduced, by:
● Restoring certain restrictions on individuals
convicted of certain person felonies from carrying a
firearm;
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● Amending provisions related to expungement law
and required findings by the convicting court;
● Prohibiting the Attorney General from using
expungement information to deny a concealed
carry license; and
● Requiring the KBI to maintain and report
expungement orders to the FBI.
Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, the Office of Attorney
General states enactment of the bill w