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USA Weekend
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Web posted
Thursday, May 25, 2006
Governor signs gun records bill
TOPEKA (AP) - Although critical of the idea, Gov. Kathleen Sebelius signed a bill Wednesday keeping Kansans in the dark about who has a concealed gun permit.
The record-closing language was folded into a broader bill addressing various shortcomings of the concealed guns law, which takes effect July 1 after lawmakers overrode the governor's veto.
Closing records for concealed gun permit holders never received a committee hearing. Rather, it was tucked into a House-Senate conference committee report, and legislators had to accept or reject the entire package.
In criticizing the record-closing portion, Sebelius said in a statement, "I believe it should have received an open committee hearing in the Legislature. I also believe the records of licenses issued under this law should be open, like those of any other license."
But Sebelius said the bill has good parts, which led her to sign it.
"Nevertheless, I believe the new concealed carry law is better with this proposal than without it. This bill will help keep guns out of the hands of those with serious mental illness and problems with substance abuse and will make the concealed carry law easier to administer," she said. "These changes will make Kansans safer."
Sebelius said she "will remain open to improving this law in the years to come."
The record-closing idea came from a task force Attorney General Phill Kline appointed on implementing the law, which didn't close information about permit holders. His office must start issuing permits by Jan. 1.
Under the legislation Sebelius signed, all records of permits are sealed except those of individuals whose licenses have been suspended or revoked.
Kansas will be among 48 states allowing residents to carry concealed guns. About two-thirds have closed their gun permit information to the public.
Closing the records was opposed by the Kansas Press Association.
"We're obviously disappointed the governor signed the bill, but we realize it contained a lot more than the part we were interested in," said Doug Anstaett, KPA executive director. "Our argument all along was we should never close public records without a public hearing to discuss the ramifications of such a move."
Anstaett said the KPA will discuss whether to push next year to get the records open.
Among other things, the bill Sebelius signed requires a person committed for mental illness or substance abuse to obtain a "certificate of restoration" from a district court before being able to apply for a license to carry a concealed weapon.
It also requires courts to inform the Kansas Bureau of Investigation of all persons admitted to mental hospitals after July 1998. The KBI must enter the information into national law enforcement computer systems, then be notified when the rights are restored by a court.
Sen. Phil Journey, who sponsored the concealed gun bill and led efforts to close the permit records, said the new law will preserve the "general deterrence" against crime if criminals don't know who is carrying a concealed gun and will protect the privacy of victims of domestic violence and stalking.
"I think that applicants and those who have permits deserve to have their privacy rights protected," said Journey, R-Haysville.
But Sen. John Vratil, R-Leawood, said, "I don't buy the argument that you need to close the records so the criminals don't know who has a gun. That's almost laughable."
He said the biggest reason to enact the bill was creating a central registry of people who are involuntary committed for mental illnesses.
Journey said the bill also worked out numerous smaller problems such as allowing the state to charge for concealed gun permits.
"Many of these points weren't brought up until the reality came crashing down on the bureaucrats," he said.
The concealed gun law permits Kansans to obtain four-year permits from the attorney general's office if they are American citizens, 21 or older and have completed eight hours of training.
The law bars people from obtaining permits if they ever have convicted of a felony. The bill Sebelius signed says anyone committed for mental illness or substance abuse can't receive a permit until five years after obtaining the certificate of restoration.
Concealed guns still will be banned in some locations, including bars, taverns, schools, courthouses, churches and day-care centers. Also, property owners can declare hidden weapons off-limits by posting signs.
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