Transporting Firearms in Kansas: Travel Rules

Transportation Laws

Transporting Firearms in Vehicles

Kansas law is highly permissive regarding the transportation of firearms in vehicles. Under Kansas law, any person who is legally allowed to possess a firearm may transport a loaded firearm in a vehicle, regardless of whether the person holds a concealed carry license and regardless of whether the firearm is stored in a container or carried in plain view.

Under Kansas law, a person may transport a loaded firearm in a vehicle, regardless of whether the person is licensed to carry a concealed handgun, and regardless of whether the loaded firearm is stored in a container or transported in plain view.

• Op. Att'y Gen. No. 2014-14 (2014)

State Preemption of Local Transport Regulations

Kansas has a strong state preemption law that prevents cities and counties from regulating firearm transportation. Under K.S.A. 12-16,124:

• No city or county may adopt or enforce any ordinance, resolution, or regulation governing the carrying, transporting, storage, or ownership of firearms or ammunition.
• Any local ordinance regulating firearm transportation adopted prior to July 1, 2015 is null and void.
• Effective July 1, 2014, local governments may not enforce laws regulating the transportation of a firearm in a vehicle.

Key Attorney General Opinions on Transport:

• A city or county may not require persons licensed to carry concealed handguns to completely encase long guns in a container when transporting them by vehicle. (AG Opinion 2013-17)
• The statute preempts local laws governing the carrying of firearms inside city buildings, except as provided by the Personal and Family Protection Act. (AG Opinion 2014-22)

Age Restrictions for Vehicle Transport

Under K.S.A. 21-6302(a)(4), it is a class A nonperson misdemeanor for any person under 21 years of age to carry a concealed pistol, revolver, or other firearm on their person, except:

• When on their own land
• In their own home (abode)
• At their fixed place of business
• When the person (ages 18-20) possesses a valid provisional license under K.S.A. 75-7c03 or a recognized out-of-state concealed carry permit (K.S.A. 21-6302(d))

Note: This restriction applies to concealment on one's person - transporting a firearm in a vehicle is treated differently under Kansas law than carrying concealed on one's person.

Minors (Under 18) - Transport Rules

Under K.S.A. 21-6301(l)(5), a person under 18 may transport a firearm with a barrel less than 12 inches to or from authorized activities (hunter safety courses, target shooting, organized competitions, hunting) only if the firearm is:

1. Unloaded
2. Secured
3. Outside the immediate access of the minor

Firearms on School Property - Vehicle Exception

While possession of a firearm on school property is generally prohibited under K.S.A. 21-6301(a)(11), the following vehicle-related exceptions apply:

• A parent, guardian, or custodian (or authorized person) may possess a firearm secured in a motor vehicle while delivering or collecting a student. (K.S.A. 21-6301(j)(3))
• A registered voter may possess a firearm secured in a motor vehicle at a school that serves as a polling place during voting hours on election day. (K.S.A. 21-6301(j)(4))
• A person 21 or older (or with a valid provisional/recognized out-of-state license) who is not otherwise prohibited may carry a concealed handgun on school property. (K.S.A. 21-6301(j)(5))

Prohibited Items in Vehicles

Under K.S.A. 21-6302(a)(3), it is unlawful to carry in any land, water, or air vehicle - with intent to use unlawfully against another person - any tear gas, smoke bomb, or object containing a noxious liquid, gas, or substance.

Under K.S.A. 21-6302(a)(5), it is a severity level 9 nonperson felony to carry a short-barreled shotgun (barrel less than 18 inches) or a fully automatic firearm, unless registered under the National Firearms Act (26 U.S.C. § 5801 et seq.).

Interstate Travel - Federal Protections

The Firearm Owners Protection Act of 1986 (FOPA) provides federal protections for gun owners transporting firearms across state lines. The specific "safe harbor" provision of the law, often referred to as the McClure-Volkmer Rule, provides some protection for gun owners transporting firearms through restrictive states, subject to strict requirements.

Under this provision, a firearm must be unloaded during interstate transport. This federal protection applies when traveling through states with more restrictive laws, but does not override the laws of the state where you stop or stay. Consult the full text of the federal law for all applicable conditions and requirements.

Persons Prohibited from Transporting Firearms

The following persons are prohibited from shipping, transporting, possessing, or receiving firearms under federal law (18 U.S.C. § 922(g)) and Kansas law:

• Convicted felons (imprisonment exceeding 12 months)
• Persons convicted of misdemeanor crimes of domestic violence
• Persons under felony indictment or active diversion agreement
• Fugitives from justice
• Persons addicted to or unlawfully using controlled substances (including medical marijuana cardholders)
• Persons adjudicated as mentally defective or committed to a mental institution
• Persons dishonorably discharged from the military
• Persons subject to qualifying domestic violence protection orders
• Illegal aliens or unlawful residents

Under K.S.A. 21-6304, Kansas imposes firearm possession prohibitions of 3 months, 3 years, 8 years, or permanently depending on the nature of the felony conviction and whether a firearm was used in the crime.

Important: Expungement of a felony conviction does not automatically restore firearm rights in Kansas. Under K.S.A. 21-6614(k), the firearm prohibition periods remain intact even after expungement. Only a pardon may restore firearm rights in certain cases.

Persons prohibited due to mental health adjudications may petition for relief under K.S.A. 75-7c27, which requires clear and convincing evidence that the petitioner will not be dangerous to public safety and that granting relief would not be contrary to the public interest.

Key Statutes