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12-16,124. Firearms and ammunition; regulation by city or county, limitations. (a) No city or county shall adopt or enforce any ordinance, resolution or regulation, and no agent of any city or county shall take any administrative action, governing the requirement of fees, licenses or permits for, the commerce in or the sale, purchase, transfer, ownership, storage, carrying, transporting or taxation of firearms or ammunition, or any component or combination thereof.

(b) Any ordinance, resolution or regulation prohibited by subsection (a) that was adopted prior to July 1, 2015, shall be null and void.

(c) Nothing in this section shall:

(1) Prohibit a city or county from adopting and enforcing any ordinance, resolution or regulation relating to the personnel policies of such city or county and the carrying of firearms by employees of such city or county, except that any such ordinance, resolution or regulation shall comply with the provisions of K.S.A. 75-7c01 et seq., and amendments thereto;

(2) prohibit a city or county from adopting any ordinance, resolution or regulation pursuant to K.S.A. 75-7c20, and amendments thereto;

(3) prohibit a law enforcement officer, as defined in K.S.A. 22-2202, and amendments thereto, from acting within the scope of such officer's duties; or

(4) prohibit a city or county from levying and collecting any retailers' sales tax on the sale of firearms, ammunition or any component or combination thereof as authorized by K.S.A. 12-189, and amendments thereto.

History: L. 2005, ch. 141, § 10; L. 2007, ch. 166, § 1; L. 2013, ch. 36, § 1; L. 2014, ch. 97, § 7; L. 2015, ch. 93, § 1; July 1.

Attorney General's Opinions:

Cities or counties may regulate the manner of openly carrying a loaded firearm in the immediate control of a non-holder of a concealed carry permit on public or private property, but may not regulate a permit holder on public property. 2011-6.

City not authorized to prohibit a person holding a concealed carry license from carrying a concealed firearm while performing the duties of private security officer. 2011-24.

Local zoning regulations that prohibit home-based businesses engaged in the sale of firearms or ammunition over the internet is preempted by state law. 2012-2.

City ordinance banning the open carry of firearms by all persons except those in possession of a valid state-issued concealed carry license would be pre-empted by state law. 2013-13.

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. 2013-17.

Statute preempts the adoption and enforcement of local laws governing the carrying of firearms inside city buildings, except as provided by the personal and family protection act. 2014-22.

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