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 Kansas override Governor's veto 
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 Post subject: Kansas override Governor's veto
PostPosted: Thu Mar 23, 2006 1:55 pm 
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OVERLAND PARK, March 23 — Kansas lawmakers Thursday overrode a veto by Gov. Kathleen Sebelius, making Kansas the 47th U.S. state to allow people to carry concealed handguns in public. The Republican-controlled state House voted 91 to 33 to enact the law, which Sebelius, a Democrat, said would make Kansas businesses less safe and hinder crime-prevention efforts. She said he had issued her veto at the urging of law enforcement.
The state Senate, also under Republican control, earlier voted 30-10 to override the veto.
The law allows Kansas residents over 21 years old to carry hidden guns into a variety of public places, although concealed weapons would be banned in schools, bars, courtrooms, churches and some other locations. To receive a permit, gun owners would have to pass a background check and receive weapons training.
Forty-six other states, including neighboring Missouri, also allow people to carry concealed guns. Nebraska, Wisconsin and Illinois do not, according to the National Rifle Association.
NRA chief lobbyist Chris Cox applauded the move in Kansas, saying the NRA had been pushing for the law there for at least a decade. He said Kansans would now be safer because they could defend themselves against criminals.
''When a crime occurs the only people there are the victim and the perpetrator,'' Cox said. ''The states that have passed right-to-carry laws have lower crime rates than the states that do not.''


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PostPosted: Thu Mar 23, 2006 2:03 pm 
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Good work Kansas!

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PostPosted: Thu Mar 23, 2006 3:27 pm 
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And here are the highlights:

http://www.kslegislature.org/legsrv-bil ... o?id=66279

Quote:

...valid throughout the state for
a period of four years from the date of issuance.

A valid license, issued by any other state
or the District of Columbia, to carry concealed weapons shall be recognized as valid in this state, but only while the holder is not a resident of Kansas, if the attorney general determines that standards for issuance of such license or permit by such state or district are equal to or greater than the standards imposed by this act. The attorney general shall maintain and publish a list of such states and district which the attorney general determines have standards equal to or greater than the standards imposed by this act.

The provisions of this subsection shall take effect and be in force from
and after January 1, 2007.


...

The attorney general shall adopt rules and regulations estab-
lishing procedures and standards as authorized by this act for an eight-
hour weapons safety and training course required by this section
. Such
standards shall include: (A) A requirement that trainees receive training
in the safe storage of weapons, actual firing of weapons and instruction
in the laws of this state governing the carrying of a concealed weapon and
the use of deadly force
; (B) general guidelines for courses which are
compatible with the industry standard for basic firearms training for ci-
vilians; (C) qualifications of instructors; and (D) a requirement that the
course be: (i) A weapons course certified or sponsored by the attorney
general; or (ii) a weapons course certified or sponsored by the national
rifle association
or by a law enforcement agency, college, private or public
institution or organization or weapons training school, if the attorney gen-
eral determines that such course meets or exceeds the standards required
by rules and regulations adopted by the attorney general and is taught by
instructors certified by the attorney general or by the national rifle asso-
ciation,
if the attorney general determines that the requirements for cer-
tification of instructors by such association meet or exceed the standards
required by rules and regulations adopted by the attorney general.

...

except as provided by subsection (f), a nonrefundable license fee
not to exceed $150,


...

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

...

...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

...

Within 180 days after the date of receipt of the items listed in
subsection (b), for applications received before July 1, 2007, and within
90 days after the date of receipt of the items listed in subsection (b), for
applications received on or after July 1, 2007, the attorney general shall:
(1) Issue the license; or deny the application
based solely on: (A) The report submitted
by the sheriff under subsection (c)(2) for good cause shown therein; or
(B) the ground that the applicant fails to qualify under the criteria listed
in section 4...

...

The licensee shall renew the license on or before the expiration date...
...full frontal view photograph of the applicant taken within the preceding
30 days and a nonrefundable license renewal fee not to exceed $100.

...

(a) No license issued pursuant to this act shall authorize
the licensee to carry a concealed weapon into:

(1) Any place where an activity declared a common nuisance by
K.S.A. 22-3901, and amendments thereto, is maintained;
(2) any police, sheriff or highway patrol station;
(3) any detention facility, prison or jail;
(4) any courthouse;
(5) any courtroom, except that nothing in this section would preclude
a judge from carrying a concealed weapon or determining who will carry
a concealed weapon in the judge’s courtroom;
(6) any polling place on the day an election is held;
(7) any meeting of the governing body of a county, city or other po-
litical or taxing subdivision of the state, or any committee or subcommit-
tee thereof;
(8) on the state fairgrounds;
(9) or any state office building;
(10) any athletic event not related to or involving firearms which is
sponsored by a private or public elementary or secondary school or any
private or public institution of postsecondary education;
(11) any professional athletic event not related to or involving
firearms;
(12) any portion of a drinking establishment as defined by K.S.A. 41-
2601, and amendments thereto, except that this provision shall not apply
to a restaurant as defined by K.S.A. 41-2601, and amendments thereto;
(13) any elementary or secondary school building or structure used
for student instruction or attendance;
(14) any community college, college or university facility;
(15) any place where the carrying of firearms is prohibited by federal
or state law;
(16) any child exchange and visitation center provided for in K.S.A.
75-720, and amendments thereto;
(17) any community mental health center organized pursuant to
K.S.A. 19-4001 et seq., and amendments thereto; mental health clinic
organized pursuant to K.S.A. 65-211 et seq., and amendments thereto;
psychiatric hospital licensed under K.S.A. 75-3307b, and amendments
thereto; or state psychiatric hospital, as follows: Larned state hospital,
Osawatomie state hospital or Rainbow mental health facility; or
(18) any city hall;
(19) any public library operated by the state or by a political
subdivision of the state;
(20) any day care home or group day care home, as defined in
Kansas administrative regulation 28-4-113, or any preschool or
childcare center, as defined in Kansas administrative regulation
28-4-420; or
(21) any church or temple.

...

any entity owning or operating business premises open to the
public from restricting or prohibiting in any manner persons licensed
under this act from carrying a concealed weapon while on such premises,
provided that the premises are posted, in a manner reasonably likely to
come to the attention of persons entering the premises, as premises where
carrying a concealed weapon is prohibited; or
(3) a property owner from restricting or prohibiting in any manner
persons licensed under this act from carrying a concealed weapon while
on such property, provided that the premises are posted, in a manner
reasonably likely to come to the attention of persons entering the property
where carrying a concealed weapon is prohibited.
(b) Violation of this section Carrying a concealed weapon on
premises in violation of any restriction or prohibition allowed by
subsection (a), or in violation of any restriction or prohibition al-
lowed by subsection (b) or (c) if the premises are posted as required
by such subsection, is a class B misdemeanor.

...

It is a class A nonperson misdemeanor for a person
licensed pursuant to this act to carry a concealed weapon while under the
influence
of alcohol or drugs, or both

...

The legislature finds as a matter of public policy
and fact that it is necessary to provide statewide uniform standards for
issuing licenses to carry concealed weapons for self-defense and finds it
necessary to occupy the field of regulation of the bearing of concealed
weapons for self-defense to ensure that no honest, law-abiding person
who qualifies under the provisions of this act is subjectively or arbitrarily
denied the person’s rights. Any city ordinance or county resolution that
regulates, restricts or prohibits the carrying of concealed weapons shall
not be applicable to any person licensed in accordance with the provisions
of this act.

(b) The legislature does not delegate to the attorney general the au-
thority to regulate or restrict the issuing of licenses provided for in this
act, beyond those provisions of this act pertaining to licensing and train-
ing. Subjective or arbitrary actions or rules and regulations which encum-
ber the issuing process by placing burdens on the applicant beyond those
sworn statements and specified documents detailed in this act or which
create restrictions beyond those specified in this act are in conflict with
the intent of this act and are prohibited.

(c) This act shall be liberally construed. This act is supplemental and
additional to existing constitutional rights to bear arms and nothing in this
act shall impair or diminish such rights.


New Sec. 18. If any provision of this act or the application thereof
to any person or circumstance is held invalid, the invalidity shall not affect
other provisions or applications of the act which can be given effect with-
out the invalid provision or application. To this end the provisions of this
act are severable.




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PostPosted: Thu Mar 23, 2006 3:38 pm 
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Whew. Glad I don't have to remember a list like that of places where I'm not allowed to defend myself.

Major irony that you can't carry your personal protection with you when you go to exercise your right to vote.

Of course, we can't do that here when we vote on school referenda on off-year ballots.

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PostPosted: Thu Mar 23, 2006 4:00 pm 
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Wow. The list of where you CAN carry would have been a lot easier to write.

Oh well. It's something.

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PostPosted: Thu Mar 23, 2006 4:58 pm 
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AGoodDay wrote:
Wow. The list of where you CAN carry would have been a lot easier to write.

Oh well. It's something.


It's expensive, onerous, bureuocratized, arbitrary and limited -- and WAY better than what they had before.

When I think about it, I am amazed that our law was so damn good the first time.

Thanks, Joe.

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PostPosted: Thu Mar 23, 2006 5:24 pm 
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PostPosted: Thu Mar 23, 2006 7:33 pm 
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My wife and I can now go armed to the World Paint Horse Congress from now on in Wichita!!!

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PostPosted: Thu Mar 23, 2006 9:31 pm 
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Is there anything about non-resident permits?


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PostPosted: Thu Mar 23, 2006 10:46 pm 
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I just did a quick browse, and I didn't see anything.

There is language about recognizing out-state permits - the AG will publish a list of states that have permitting systems that are as or more strict.


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PostPosted: Fri Mar 24, 2006 12:08 pm 
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BTK... meet CCW....BANG :D

Way to go Kansas.


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PostPosted: Fri Mar 24, 2006 3:45 pm 
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jdege wrote:
I just did a quick browse, and I didn't see anything.

There is language about recognizing out-state permits - the AG will publish a list of states that have permitting systems that are as or more strict.


Nope.

Quote:
the attorney general
shall issue a license pursuant to this act if the applicant:
(1) Is a resident of the county where application for licensure is made
and has been a resident of the state for six months or more immediately
preceding the filing of the application;

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PostPosted: Fri Mar 24, 2006 5:11 pm 
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Andrew Rothman wrote:
Nope.

Quote:
the attorney general
shall issue a license pursuant to this act if the applicant:
(1) Is a resident of the county where application for licensure is made
and has been a resident of the state for six months or more immediately
preceding the filing of the application;


I saw that. But given the bent way legislation is written, there could have been another provision, somewhere else, that created an exception to that for non-residents.

I did a quick browse looking for such an exception and didn't find one. I was not willing, though, to absolutely guarantee its lack. I've missed things on a first read on several occassions.


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