Session of 2013

HOUSE BILL No. 2111

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AN ACT concerning firearms; relating to the possession thereof; amending K.S.A. 2012 Supp. 12-16,124 and 21-6309 and repealing the existing sections. Be it enacted by the Legislature of the State of Kansas: Section 1.K.S.A. 2012 Supp. 12-16,124 is hereby amended to read as follows: 12-16,124. (a) No city or county shall adopt any ordinance, resolution or regulation, and no agent of any city or county shall take any administrative action, governing the purchase, transfer, ownership, storage, carrying on one's person or transporting of firearms or ammunition, or any component or combination thereof. Except as provided in subsection (b) and subsection (a) of K.S.A. 2012 Supp. 757c11, and amendments thereto, Any such ordinance, resolution or regulation adopted prior to the effective date of this 2007 act shall be null and void. (b)Nothing in this section shall: (1)prohibit a law enforcement officer, as defined in K.S.A. 22-2202, and amendments thereto, from acting within the scope of such officer's duties; (2)prohibit a city or county from regulating the manner of openly carrying a loaded firearm on one's person; or in the immediate control of a person, not licensed under the personal and family protection act while on property open to the public; (3)prohibit a city or county from regulating in any manner the carrying of any firearm in any jail, juvenile detention facility, prison, courthouse, courtroom or city hall; or (4)prohibit a city or county from adopting an ordinance, resolution or regulation requiring a firearm transported in any air, land or water vehicle to be unloaded and encased in a container which completely encloses the firearm or any less restrictive provision governing the transporting of firearms, provided such ordinance, resolution or regulation shall not apply to persons licensed under the personal and family protection act. (c)Except as provided in subsection (b) of this section and subsection (a) of K.S.A. 2012 Supp. 75-7c11, and amendments thereto, no person shall be prosecuted or convicted of a violation of any ordinance, resolution or regulation of a city or county which regulates the storage or

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transportation of a firearm if such person (1) is storing or transporting the firearm without violating any provision of the Kansas criminal code or (2) is otherwise transporting the firearm in a lawful manner. (d)No person shall be prosecuted under any ordinance, resolution or regulation for transporting a firearm in any air, land or water vehicle if the firearm is unloaded and encased in a container which completely encloses the firearm. Sec. 2.K.S.A. 2012 Supp. 21-6309 is hereby amended to read as follows: 21-6309. (a) It shall be unlawful to possess, with no requirement of a culpable mental state, a firearm on the grounds in any of the following places: (1)Within any building located within the capitol complex; (2)within the governor's residence; (3)on the grounds of or in any building on the grounds of the governor's residence; (4)within any other state-owned or leased building if the secretary of administration has so designated by rules and regulations and conspicuously placed signs clearly stating that firearms are prohibited within such building; or (5)within any county courthouse, unless, by county resolution, the board of county commissioners authorize the possession of a firearm within such courthouse; or (6)within any jail, juvenile correctional facility, juvenile detention facility or prison. (b)Violation of this section is a class A misdemeanor. (c)This section shall not apply to: (1)A commissioned law enforcement officer; (2)a full-time salaried law enforcement officer of another state or the federal government who is carrying out official duties while in this state; (3)any person summoned by any such officer to assist in making arrests or preserving the peace while actually engaged in assisting such officer; (4)a member of the military of this state or the United States engaged in the performance of duties; or (5)a person with a license issued pursuant to or recognized under K.S.A. 2012 Supp. 75-7c01 et seq., and amendments thereto, except in buildings posted in accordance with K.S.A. 2012 Supp. 75-7c10, and amendments thereto, and in the areas specified in subsections (a)(2) and (a)(3). (d)It is not a violation of this section for the: (1)Governor, the governor's immediate family, or specifically authorized guest of the governor to possess a firearm within the governor's residence or on the grounds of or in any building on the grounds of the

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governor's residence; or (2)United States attorney for the district of Kansas, the attorney general, any district attorney or county attorney, any assistant United States attorney if authorized by the United States attorney for the district of Kansas, any assistant attorney general if authorized by the attorney general, or any assistant district attorney or assistant county attorney if authorized by the district attorney or county attorney by whom such assistant is employed, to possess a firearm within any county courthouse and court-related facility, subject to any restrictions or prohibitions imposed in any courtroom by the chief judge of the judicial district. The provisions of this paragraph shall not apply to any person not in compliance with K.S.A. 2012 Supp. 75-7c19, and amendments thereto. (e)Notwithstanding the provisions of this section, any county may elect by passage of a resolution that the provisions of subsection (d)(2) shall not apply to such county's courthouse or court-related facilities if such: (1)Facilities have adequate security measures to ensure that no weapons are permitted to be carried into such facilities; (2)facilities have adequate measures for storing and securing lawfully carried weapons, including, but not limited to, the use of gun lockers or other similar storage options; (3)county also has a policy or regulation requiring all law enforcement officers to secure and store such officer's firearm upon entering the courthouse or court-related facility. Such policy or regulation may provide that it does not apply to court security or sheriff's office personnel for such county; and (4)facilities have a sign conspicuously posted at each entryway into such facility stating that the provisions of subsection (d)(2) do not apply to such facility. (f)As used in this section: (1)"Adequate security measures" means the use of electronic equipment and personnel to detect and restrict the carrying of any weapons into the facility, including, but not limited to, metal detectors, metal detector wands or any other equipment used for similar purposes; (2)"possession" means having joint or exclusive control over a firearm or having a firearm in a place where the person has some measure of access and right of control; and (3)"capitol complex" means the same as in K.S.A. 75-4514, and amendments thereto.; (4)"jail" shall have the same meaning as that term is defined in K.S.A. 2012 Supp. 38-2302, and amendments thereto; (5)"juvenile correctional facility" shall have the same meaning as that term is defined in K.S.A. 2012 Supp. 38-2302, and amendments

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thereto; (6)"juvenile detention facility" shall have the same meaning as that term is defined in K.S.A. 2012 Supp. 38-2302, and amendments thereto; and (7)"prison" shall have the same meaning as that term is defined in K.S.A. 2012 Supp. 21-6803, and amendments thereto. (g)For the purposes of subsection subsections (a)(1), (a)(4) and, (a) (5) and (a)(6), "building," and "courthouse," "jail," "juvenile correctional facility," "juvenile detention facility" and "prison" shall not include any structure, or any area of any structure, designated for the parking of motor vehicles. Sec. 3.K.S.A. 2012 Supp. 12-16,124 and 21-6309 are hereby repealed. Sec. 4.This act shall take effect and be in force from and after its publication in the statute book.