Carrying a Gun in Your Car in Kansas: Vehicle Carry Laws

Kansas: Carrying Firearms in Vehicles

Kansas is a permitless carry (constitutional carry) state for individuals 21 years of age or older who are legally permitted to possess a firearm. This extends to carrying firearms - openly or concealed, loaded or unloaded - in vehicles without a license. The Personal and Family Protection Act (K.S.A. 75-7c01 et seq.) governs concealed carry, while K.S.A. 21-6302 addresses criminal carrying of a weapon.

General Vehicle Carry Rules

• Persons 21 and older who are not otherwise prohibited from possessing a firearm may carry a concealed handgun in a vehicle without a license. (K.S.A. 21-6302(a)(4) - the criminal carrying prohibition for concealed firearms applies only to persons under 21.)
• Persons aged 18-20 must possess a valid Kansas Concealed Carry Handgun License (CCHL), a valid provisional license issued under K.S.A. 75-7c03, or a valid concealed carry license from a recognized jurisdiction to carry a concealed handgun in a vehicle. Carrying concealed without such a license by a person under 21 is a class A nonperson misdemeanor. (K.S.A. 21-6302(a)(4), (b)(1), (d))
• Open carry of firearms is generally legal in Kansas for persons legally permitted to possess a firearm, including in vehicles.
• It is unlawful to carry tear gas, smoke bombs, or any object containing a noxious substance in any land, water, or air vehicle with intent to use the same unlawfully. (K.S.A. 21-6302(a)(3))

Parking Structures and Motor Vehicle Areas

Kansas law explicitly excludes parking areas from the definition of "building" in multiple statutes, providing important protections for firearms stored in vehicles:

• Under K.S.A. 75-7c10(h)(2), for purposes of concealed carry restrictions in posted buildings, "building" does not include any structure, or any area of any structure, designated for the parking of motor vehicles.
• Under K.S.A. 21-6309(g), for purposes of firearms restrictions on certain government property, "building" and "courthouse" do not include any structure, or any area of any structure, designated for the parking of motor vehicles. This parking exclusion applies only to subsections (a)(1), (a)(4), and (a)(5) - covering the capitol complex, other designated state buildings, and county courthouses. It does not extend to the governor's residence or the grounds of the governor's residence (subsections (a)(2) and (a)(3)).
• Under K.S.A. 21-5914(c), firearms may be possessed in a parking lot open to the public at a correctional institution if the firearm is carried on the person while in a vehicle, being secured in the vehicle, or stored out of plain view in a locked but unoccupied vehicle - provided the person is 21 or older, or possesses a valid provisional license or recognized out-of-state permit.

Firearms in Vehicles on K-12 School Property

Under K.S.A. 21-6301(a)(11), possessing a firearm on K-12 school property or grounds is generally prohibited (a class B nonperson select misdemeanor). However, the following vehicle-related exceptions apply under K.S.A. 21-6301(j):

• K.S.A. 21-6301(j)(3): Possession of a firearm secured in a motor vehicle by a parent, guardian, custodian, or someone authorized to act on their behalf who is delivering or collecting a student.
• K.S.A. 21-6301(j)(4): Possession of a firearm secured in a motor vehicle by a registered voter who is on school grounds containing a polling place for the purpose of voting during polling hours on an election day.
• K.S.A. 21-6301(j)(5): Possession of a concealed handgun by an individual not prohibited from possessing a firearm under federal or state law, and who is either: (A) 21 years of age or older, or (B) possesses a valid provisional license under K.S.A. 75-7c03, or a valid concealed carry license from another recognized jurisdiction. This exception applies to school grounds; however, K-12 school district buildings may still prohibit concealed carry by posting AG-approved signage at public entrances. School districts are not required to have adequate security measures (metal detectors and armed guards) to restrict concealed carry - signage alone is sufficient.

School Zones (Federal Gun Free School Zone Act)

• Unlicensed concealed carry is not allowed within a school zone (within 1,000 feet of a K-12 school) under federal law (18 U.S.C. § 922(q)).
• A person with a valid Kansas CCHL or a valid concealed carry license from another jurisdiction recognized in Kansas is exempt from the federal Gun Free School Zone Act and may travel through a Kansas school zone.
• Important: Persons carrying without a license under Kansas' permitless carry law do not have this federal exemption. A CCHL provides an additional legal benefit for travel through school zones.

Employer Restrictions and Vehicle Storage

• Private employers may prohibit employees from carrying concealed handguns while on the employer's premises or while engaged in employment duties. However, no employer may prohibit possession of a handgun in a private means of conveyance, even if the vehicle is parked on the employer's premises. (K.S.A. 75-7c10(b))
• Public (state or municipal) employers may not restrict or prohibit any legally qualified employee from carrying a concealed handgun while engaged in duties of employment outside of the employer's place of business, including while in a means of conveyance. Public employers are not liable for wrongful or negligent acts of employees carrying concealed handguns outside the course and scope of employment. (K.S.A. 75-7c10(e))
• Municipal employers are prohibited from requiring disclosure of CCHL status and from maintaining records of employees who hold a CCHL. (K.S.A. 75-7c23) State employers are not subject to this prohibition.

State Preemption of Local Regulations

Kansas has a broad firearms preemption statute that directly affects vehicle carry:

• K.S.A. 12-16,124(a): No city or county may adopt or enforce any ordinance, resolution, or regulation governing the requirement of fees, licenses, or permits for, or the commerce in, sale, purchase, transfer, ownership, storage, carrying, transporting, or taxation of firearms or ammunition.
• Any such local ordinances adopted prior to July 1, 2015, are null and void. (K.S.A. 12-16,124(b))
• AG Opinion 2013-17: A city or county may not require persons licensed to carry concealed handguns to completely encase long guns in a container when transporting such long guns by vehicle.

Possession of a Firearm Under the Influence

As of July 1, 2014, it is unlawful to possess a loaded firearm on one's person or within immediate access and control while under the influence of alcohol or drugs. This applies regardless of whether the person is in a vehicle. (K.S.A. 21-6332)

• Violation is a class A misdemeanor (up to 1 year in jail and/or up to $2,500 in fines).
• Refusal to submit to testing can result in a civil penalty of up to $1,000.
• CCHL holders will have their license suspended upon being charged and revoked upon conviction.

Defense of an Occupied Vehicle

Kansas law provides strong protections for persons defending themselves in vehicles:

• K.S.A. 21-5223: A person who is not an aggressor has no duty to retreat and has the right to use force, including deadly force, in defense of an occupied vehicle if the person reasonably believes such force is necessary to prevent imminent death, great bodily harm, or the commission of a forcible felony.
• K.S.A. 21-5224 establishes a legal presumption that a person who uses defensive force against someone unlawfully and forcibly entering an occupied vehicle reasonably believed deadly force was necessary.

Non-Resident Reciprocity for Vehicle Carry

• Kansas recognizes a valid concealed carry license or permit issued by any other state or the District of Columbia for persons aged 18 or older who are not Kansas residents. (K.S.A. 75-7c03(c)(1))
• Kansas does not recognize an out-of-state concealed carry license for current Kansas residents. (KS Attorney General, Out-of-State License Recognition)
• Non-residents carrying under their home state's permit must follow Kansas law while in the state. (K.S.A. 75-7c03(c)(2))
• Do not assume another state allows unlicensed concealed carry simply because Kansas does. In most states that recognize the Kansas CCHL, a license is still required. It is always the individual's responsibility to know the laws of any jurisdiction they are traveling through.

Traveling Through Kansas on Federal Land

• On state or municipal-owned public lands, the state and municipalities are not allowed to restrict licensed concealed carry. Buildings on those lands may be restricted only with adequate security measures and proper AG-approved signage.
• On federal land or in federal facilities, federal law controls. Firearms may be prohibited regardless of Kansas law. Contact proper federal authorities before carrying on federal property.

Practical Considerations

• While Kansas does not require a CCHL to carry, the Attorney General recommends that licensees have their license available when transporting firearms in a motor vehicle, as it can assist law enforcement in verifying lawful carry status.
• A Kansas CCHL is recognized in 39 states (as of the AG's most recent list), providing significant benefits for interstate vehicle travel that permitless carry does not.
• CCHL validity period is 4 years from date of issuance. (K.S.A. 75-7c03(a))

Key Statutory References