Session of 2000
By Representative Toplikar

  9             AN  ACT concerning firearms; relating to certain sales, deliveries or other
10             transfers thereof.
12       Be it enacted by the Legislature of the State of Kansas:
13             Section  1. (a) As used in this section:
14             (1) "License" means a license issued pursuant to 18 U.S.C. 923.
15             (2) "Gun show" means any public sale at which 10 or more persons
16       are selling, delivering or otherwise transferring any firearm.
17             (3) "Firearm" means any firearm except:
18             (A) Any firearm manufactured before 1899, including any firearm
19       with a matchlock, flintlock, percussion cap or similar type of ignition
20       system;
21             (B) any replica of any firearm described in paragraph (A) if such rep-
22       lica is not designed or redesigned to use rimfire or conventional centerfire
23       fixed ammunition or uses rimfire or conventional centerfire fixed am-
24       munition which is no longer manufactured in the United States and which
25       is not readily available in the ordinary channels of commercial trade; or
26             (C) any firearm which is a curio or relic as defined by 27 C.F.R.
27       178.11.
28             (4) "Vendor" means any person who rents space at a gun show for
29       the purpose of exhibiting for sale, delivery or other transfer two or more
30       firearms and who does not hold a valid license issued pursuant to 18
31       U.S.C. 923.
32             (5) "Bureau" means the Kansas bureau of investigation.
33             (6) "Director" means the director of the Kansas bureau of investi-
34       gation or the director's designee.
35             (b)  (1) Except as provided by paragraph (2) of this subsection, no
36       vendor shall sell, deliver or otherwise transfer any firearm to another
37       person, other than a licensed importer, licensed manufacturer, licensed
38       dealer or licensed collector, at a gun show unless the vendor:
39             (A) Obtains a consent to conduct a criminal history record check from
40       the potential buyer or transferee. Such consent shall be given by com-
41       pleting a form provided by the vendor;
42             (B) inspects a form of identification containing a photograph of the
43       potential buyer or transferee;


  1             (C) requests, by means of a toll-free telephone call, that the bureau
  2       conduct a criminal history record check of the potential buyer or trans-
  3       feree; and
  4             (D) receives from the bureau a unique approval number for the rec-
  5       ord check and recorded the date and such number on the consent form.
  6             (2) The provisions of subsection (b)(1) shall not apply to the sale,
  7       delivery or transfer to a person who holds a valid permit or license to
  8       carry a concealed weapon if such person exhibits to the vendor:
  9             (A) A piece of identification containing a photograph of such person;
10       and
11             (B) the permit or license which enables such person to carry a con-
12       cealed weapon.
13             (c) Except as provided by this section, upon receipt of a request for
14       a criminal history record check pursuant to this section, the bureau im-
15       mediately shall:
16             (1) Review the bureau's criminal history records to determine if the
17       potential buyer or transferee is prohibited from receipt or possession of
18       a firearm pursuant to Kansas or federal law; and
19             (2) inform such vendor that the bureau's records demonstrate that
20       the potential buyer or transferee is prohibited from receipt or possession
21       of a firearm under Kansas or federal law or provide the vendor with a
22       unique approval number.
23             (d) In the event of electronic failure or other occurrence which pre-
24       vents an immediate review required under subsection (c), the bureau
25       immediately shall notify the vendor of such delay, the reason for such
26       delay and an estimate of the length of time before such review will be
27       completed. After such notification and no later than the end of the next
28       business day of the vendor, the bureau shall inform the vendor that its
29       records demonstrate that the potential buyer or transferee is prohibited
30       from receipt or possession of a firearm pursuant to Kansas or federal law
31       or provide the vendor with a unique approval number. Unless notified by
32       the end of next business day that the potential buyer or transferee is
33       prohibited from receipt or possession of a firearm under Kansas or federal
34       law, and without regard to whether the vendor has received a unique
35       approval number, the vendor may complete the sale or delivery of such
36       firearm and shall not be deemed in violation of this section with respect
37       to such sale or delivery.
38             (e) (1) Except as provided in paragraph (2) of this subsection, any
39       records created by the bureau to conduct the criminal record check re-
40       quired by this section pertaining to a potential buyer or transferee who
41       is found not to be prohibited from receipt or transfer of a firearm by
42       reason of Kansas or federal law shall be confidential and shall not be
43       disclosed by the bureau or any officer or employee thereof to any person


  1       or agency. The bureau immediately shall destroy any such records after
  2       the bureau communicates the corresponding approval number to the ven-
  3       dor. In any event, such records shall be destroyed within 48 hours after
  4       the day of the receipt of the vendor's request.
  5             (2) The bureau may maintain a log of dates of requests for criminal
  6       history record checks and unique approval numbers corresponding to
  7       such dates for a period of not longer than one year.
  8             (3) Nothing in this section shall be construed to allow the state of
  9       Kansas to maintain records containing the names of vendors who receive
10       unique approval numbers or to maintain records of firearm transactions,
11       including the names or other identification of vendors, potential buyers
12       or transferees or persons not prohibited by law from the receipt or pos-
13       session of firearms.
14             (f) The director shall establish a toll-free telephone number which
15       shall be operational seven days a week between the hours of 8:00 a.m.
16       and 10:00 p.m. for purposes of receiving and responding to requests from
17       vendors for information required by this section. The director shall em-
18       ploy and train such personnel as are necessary to administer expeditiously
19       the provisions of this section.
20             (g) Any person who is denied the right to receive or purchase a fire-
21       arm as a result of the procedures established by this section may request
22       amendment of the record pertaining to such person by petitioning the
23       director. If the director fails to amend the record within seven days, the
24       person requesting the amendment may petition the district court of the
25       county of the person's residence for an order directing the director to
26       amend the record. The court shall award the petitioner any attorney's
27       fees if the court determines that the record should have been amended
28       by the director. If the amended record demonstrates that the person is
29       not prohibited from receipt or possession of a firearm by Kansas or federal
30       law, the director shall destroy any records maintained by the bureau
31       which contain any information derived from the criminal history records
32       check conducted pursuant to this section.
33             (h) The director shall adopt any rules and regulations necessary to
34       carry out the provisions of this act and to ensure the identity, confiden-
35       tiality and security of all records and data created and maintained pur-
36       suant to this section.
37             The director shall make available to vendors consent forms which are
38       required by subsection (b) of this section. Such form shall request the
39       same information on the form required under 18 U.S.C. 922 and any
40       rules and regulations adopted pursuant thereto. No additional informa-
41       tion shall be required to be disclosed on such form.
42             (i) A vendor shall not be required to comply with the provisions of
43       this section in the event of:


  1             (1) Unavailability of telephone service at the premises at which the
  2       gun show is held due to: (A) The failure of the entity which provides
  3       telephone service in the state, region or other geographical area in which
  4       the premises at which the gun show is held is located to provide telephone
  5       service to such premises due to the location of such premises; or (B) the
  6       interruption of telephone service by reason of hurricane, tornado, flood,
  7       natural disaster or other act of nature or war, invasion, insurrection, riot
  8       or other bona fide emergency or by other reason beyond the control of
  9       the vendor; or
10             (2) failure of the bureau to comply reasonably with the requirements
11       of subsections (c) and (d).
12             (j) Compliance with the provisions of this section shall be a complete
13       defense to any criminal or civil liability arising from the sale, delivery or
14       other transfer of any firearm or the use of such firearm unless the vendor
15       knew that the buyer or transferee was likely to commit an unlawful act.
16             (k) Any vendor who willfully and intentionally requests a criminal
17       history record check from the bureau for any purpose other than com-
18       pliance with this section, or willfully and intentionally disseminates any
19       criminal history record information to any person other than the subject
20       of such information, is guilty of a class A person misdemeanor.
21             (l) Any person who, in connection with the purchase, delivery or
22       other transfer or attempted purchase, delivery or other transfer of a fire-
23       arm willfully and intentionally makes any materially false oral or written
24       statement, or willfully and intentionally furnishes or exhibits any false
25       identification intended or likely to deceive the vendor, is guilty of a class
26       B nonperson misdemeanor.
27             (m) Any vendor who willfully and intentionally sells, delivers or oth-
28       erwise transfers a firearm in violation of this section is guilty of a class B
29       nonperson misdemeanor.
30             (n) Any person who purchases or accepts delivery or transfer of a
31       firearm for the purpose of transferring it to a person who is prohibited
32       from possession of a firearm by Kansas or federal law is guilty of a class
33       B nonperson misdemeanor. 
34        Sec.  2. This act shall take effect and be in force from and after its
35       publication in the statute book.