Session of 2000
HOUSE BILL No. 3016
By Committee on Appropriations
9 AN ACT
concerning crimes and punishment; relating to family and child
10 safety and the safe
storage of firearms.
12 Be it enacted by the Legislature of the
State of Kansas:
1. (a) As used in this section, unless the context
15 (1) ``Firearm''
means any pistol, revolver, rifle, shotgun or other
16 weapon which will or is designed to or may
readily be converted to expel
17 a projectile by the action of an explosion,
expanding gases or other com-
18 bustion. Firearm shall not include air
rifles, air pistols, BB guns or a
19 firearm which has been rendered
unserviceable by a steel weld in the
20 chamber and marriage weld of the barrel to
the receiver and which has
21 been registered in the national firearms
registration and transfer record
22 in compliance with 26 U.S.C. 5841 et.
seq., and amendments thereto.
(2) ``Ammunition'' means any ammunition cartridge, shell or
24 device containing explosive or incendiary
material designed and intended
25 for use in any firearm.
26 (3) ``Child''
means any person under the age of 18 years.
27 (4) ``Child
safety lock'' means a device or locking mechanism that
28 prevents the normal function and discharge
of the firearm. Child safety
29 lock shall not include the built in feature
of firearms commonly known
30 as the ``safety.''
31 (5) ``Locked
box'' means a case, box or container that is designed to
32 be or can be used to store a firearm and
that is designed to be unlocked
33 only by means of a key, a combination or
other similar means.
34 (6) ``Residential
dwelling'' means a detached single family dwelling
35 or a single family dwelling unit in a
structure that contains more than one
36 separate residential dwelling unit used as
a place of residence for habi-
37 tation by an individual or individuals.
38 (b) Except as
provided in this section, no person shall store or leave
39 a firearm in any residential dwelling where
the person knows, or reason-
40 ably should know, that any child is likely
to gain access to such firearm.
41 The provisions of this section shall not
42 (1) A firearm
which has been secured with a locking device or other
43 similar device which prevents the firearm
from discharging or a firearm
1 stored securely in a locked box;
(2) circumstances when a child's access to a firearm is
3 an adult;
(3) circumstances when a child's access to firearms is
obtained as a
5 result of an unlawful act;
(4) individuals employed as law enforcement officers as
7 subsection (e) of K.S.A. 74-5602, and
amendments thereto, who are grad-
8 uates of any law enforcement training
program that is certified by the
9 Kansas director of police training at
the law enforcement training center,
10 but only while such person continues to be
actively employed as a law
11 enforcement officer as herein defined;
12 (5) an unloaded
firearm when ammunition that is usable in the fire-
13 arm is located in the same residential
dwelling as the firearm and is stored
14 in a locked box.
15 (c) Officials
responsible for the enforcement of this section shall not
16 enter a residential dwelling solely for the
purpose of determining com-
17 pliance with the provisions of this
18 (d) Evidence of a
conviction for the violation of this statute shall not
19 be admissible in any civil action for the
purpose of demonstrating any
20 aspect of comparative fault.
21 (e) Evidence of a
conviction for a violation of this statute shall not be
22 considered by any insurance company as a
reason for reducing, offsetting
23 or denying the payment of any amount due,
or claimed to be due, under
24 any contract of insurance.
25 (f) Any person
who violates the provisions of this section shall be
26 guilty of a class A, nonperson misdemeanor,
unless the violation results
27 in injury to a person, in which case any
person who violates the provisions
28 of this section shall be guilty of a
severity level 5, person felony.
29 (g) This section
shall be part of and supplemental to the Kansas crim-
30 inal code.
31 Sec. 2. This act shall
take effect and be in force from and after its
32 publication in the statute book.