Session of 1997
HOUSE BILL No. 2443
By Representatives Nichols, Findley and Garner
9 AN ACT concerning firearms; requiring certain criminal history record
10 checks before certain transfers or sales; providing for amendment of
11 criminal history records under certain circumstances; prohibiting cer-
12 tain acts and providing penalties for violations.
14 Be it enacted by the Legislature of the State of Kansas:
15 Section 1. (a) No importer, manufacturer or dealer licensed pursuant
16 to 18 U.S.C. 923 shall sell or deliver from the licensee's business inventory
17 at the licensee's licensed premises any firearm to another person, other
18 than a licensed importer, licensed manufacturer, licensed dealer or li-
19 censed collector, until the licensee has:
20 (1) Obtained from the potential buyer or transferee a completed con-
21 sent form, promulgated by the Kansas bureau of investigation and pro-
22 vided by the licensed importer, manufacturer or dealer, which shall in-
23 clude only the name, birth date, gender, race and social security number
24 or other identification number of the potential buyer or transferee;
25 (2) inspected identification containing a photograph of the potential
26 buyer or transferee;
27 (3) requested, by means of a toll-free telephone call, that the Kansas
28 bureau of investigation conduct a criminal history record check of the
29 potential buyer or transferee; and
30 (4) received from the Kansas bureau of investigation a unique ap-
31 proval number for the record check and recorded the date and such
32 number on the consent form.
33 (b) Upon receipt of a request for a criminal history record check
34 pursuant to subsection (a), the Kansas bureau of investigation shall im-
35 mediately, during the licensee's call or by return call:
36 (1) Review the bureau's criminal history records to determine if the
37 potential buyer or transferee is prohibited from receipt or possession of
38 a firearm pursuant to Kansas or federal law;
39 (2) either (A) inform the licensee making the inquiry that the bureau's
40 records demonstrate that the potential buyer or transferee is prohibited
41 from receipt or possession of a firearm under Kansas or federal law or
42 (B) provide the licensee with a unique approval number.
43 (c) In the event of electronic failure or similar emergency beyond the
1 control of the Kansas bureau of investigation, the bureau shall immedi-
2 ately notify the requesting licensee of the reason for, and estimated length
3 of, the delay that will result. After such notification, the bureau shall
4 forthwith, and in no event later than the end of the next business day of
5 the licensee, either (1) inform the licensee that its records demonstrate
6 that the potential buyer or transferee is prohibited from receipt or pos-
7 session of a firearm pursuant to Kansas or federal law or (2) provide the
8 licensee with a unique approval number. Unless notified by the end of
9 such next business day that the potential buyer or transferee is prohibited
10 from receipt or possession of a firearm under Kansas or federal law, and
11 without regard to whether the licensee has received a unique approval
12 number, the licensee may complete the sale or delivery and shall not be
13 deemed in violation of this section with respect to such sale or delivery.
14 (d) (1) Any records containing any of the information set forth in
15 subsection (a)(1) pertaining to a potential buyer or transferee who is not
16 found to be prohibited from receipt or transfer of a firearm by reason of
17 Kansas or federal law which are created by the Kansas bureau of inves-
18 tigation to conduct the criminal history record check shall be confidential
19 and may not be disclosed by the Kansas bureau of investigation or any
20 officer or employee thereof to any person or agency. The Kansas bureau
21 of investigation shall destroy any such records forthwith after the bureau
22 communicates the corresponding approval number to the licensee and,
23 in any event, such records shall be destroyed within 48 hours after the
24 day of the receipt of the licensee's request.
25 (2) Notwithstanding the provisions of this subsection (d), the Kansas
26 bureau of investigation may maintain only a log of dates of requests for
27 criminal history records checks and unique approval numbers corre-
28 sponding to such dates for a period of not longer than one year.
29 (3) Nothing in this section shall be construed to allow the state of
30 Kansas to maintain records containing the names of licensees who receive
31 unique approval numbers or to maintain records of firearm transactions,
32 including the names or other identification of licensees, potential buyers
33 or transferees or persons not prohibited by law from the receipt or pos-
34 session of firearms.
35 (e) The Kansas bureau of investigation shall establish a toll-free tel-
36 ephone number which shall be operational seven days a week between
37 the hours of 8:00 a.m. and 10:00 p.m. for purposes of responding to
38 inquiries required by this section from licensed importers, manufacturers
39 and dealers. The Kansas bureau of investigation shall employ and train
40 such personnel as are necessary to administer expeditiously the provisions
41 of this section.
42 (f) Any person who is denied the right to receive or purchase a fire-
43 arm as a result of the procedures established by this section may request
1 amendment of the record pertaining to such person by petitioning the
2 Kansas bureau of investigation. If the bureau fails to amend the record
3 within seven days, the person requesting the amendment may petition
4 the district court of the county of the person's residence for an order
5 directing the Kansas bureau of investigation to amend the record. The
6 court shall award the petitioner an attorney fee if the court determines
7 that the record should have been amended by the Kansas bureau of in-
8 vestigation. If the record as amended demonstrates that the person is not
9 prohibited from receipt or possession of a firearm by Kansas or federal
10 law, the Kansas bureau of investigation shall destroy any records that the
11 bureau maintains which contain any information derived from the crim-
12 inal history records check conducted pursuant to this section.
13 (g) The Kansas bureau of investigation shall promulgate regulations
14 to ensure the identity, confidentiality and security of all records and data
15 created and maintained pursuant to this section.
16 (h) An importer, manufacturer or dealer licensed pursuant to 18
17 U.S.C. 923 is not required to comply with the provisions of this section
18 in the event of:
19 (1) Unavailability of telephone service at the licensed premises due
20 to: (A) The failure of the entity which provides telephone service in the
21 state, region or other geographical area in which the licensee is located
22 to provide telephone service to the premises of the licensee due to the
23 location of such premises; or (B) the interruption of telephone service by
24 reason of hurricane, tornado, flood, natural disaster or other act of nature
25 or war, invasion, insurrection, riot or other bona fide emergency, or by
26 other reason beyond the control of the licensee; or
27 (2) failure of the Kansas bureau of investigation to comply reasonably
28 with the requirements of subsection (b) and (c).
29 (i) Compliance with the provisions of this section shall be a complete
30 defense to any claim or cause of action under the laws of this state for
31 liability for damages arising from the importation or manufacture, or the
32 subsequent sale or transfer, of any firearm which has been shipped or
33 transported in interstate or foreign commerce to any person who has been
34 convicted in any court of a crime punishable by imprisonment for a term
35 exceeding one year.
36 (j) The provisions of this section shall not apply to:
37 (1) Any firearm (including any firearm with a matchlock, flintlock,
38 percussion cap, or similar type of ignition system) manufactured in or
39 before 1898;
40 (2) any replica of any firearm described in subsection (j)(1) if such
41 replica (A) is not designed or redesigned to use rimfire or conventional
42 centerfire fixed ammunition or (B) uses rimfire or conventional centerfire
43 fixed ammunition which is no longer manufactured in the United States
1 and which is not readily available in the ordinary channels of commercial
3 (3) any firearm which is a curio or relic as defined by 27 C.F.R.
5 (4) transactions at a gun show; or
6 (5) a potential buyer or transferee who holds a valid permit or license
7 to carry a concealed deadly weapon pursuant to law and who exhibits
8 such permit or license to the licensed importer, manufacturer or dealer.
9 (k) Any importer, manufacturer or dealer licensed pursuant to 18
10 U.S.C. 923 who willfully and intentionally requests a criminal history rec-
11 ord check from the Kansas bureau of investigation for any purpose other
12 than compliance with this section, or willfully and intentionally dissemi-
13 nates any criminal history record information to any person other than
14 the subject of such information, is guilty of a class A person misdemeanor.
15 (l) Any person who, in connection with the purchase, transfer or at-
16 tempted purchase or transfer of a firearm willfully and intentionally
17 makes any materially false oral or written statement, or willfully and in-
18 tentionally furnishes or exhibits any false identification intended or likely
19 to deceive the licensee, is guilty of a severity level 8, nonperson felony.
20 (m) Any importer, manufacturer or dealer licensed pursuant to 18
21 U.S.C. 923 who willfully and intentionally sells or delivers a firearm in
22 violation of this section is guilty of a level 8, nonperson felony.
23 (n) Any potential buyer or transferee who purchases a firearm for the
24 purpose of transferring it to a person who is prohibited from possession
25 of a firearm by Kansas or federal law is guilty of a level 8, nonperson
27 (o) The Kansas bureau of investigation shall submit to the judiciary
28 committees of the senate and house of representatives an annual report
29 including the number of inquiries made pursuant to this section for the
30 prior calendar year. Such report shall include but not be limited to the
31 number of inquiries received from licensees, the numbers of inquiries
32 resulting in a determination that the potential buyer or transferee was
33 prohibited from receipt or possession of a firearm pursuant to Kansas or
34 federal law, the estimated costs of administering this section, the number
35 of instances in which a person requests amendment of the record per-
36 taining to such person pursuant to subsection (f) and the number of in-
37 stances in which the district court issued an order directing the bureau
38 to amend a record pursuant to subsection (f).
39 (p) This section shall become effective at such time as the Kansas
40 bureau of investigation has notified in writing all importers, manufactur-
41 ers and dealers in this state who are licensed pursuant to 18 U.S.C. 923
42 that the procedures and toll-free number described in this section are
43 operational. This section shall remain in effect only during such times as
1 the procedures described in subsection (b) remain operational.
2 Sec. 2. This act shall take effect and be in force from and after its
3 publication in the statute book.