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raised the degree of care applicable to Kansas firearms dealers conducting sales, which in turn elevated the risk of liability for selling firearms to such a high level as to cast considerable doubt on whether Kansas firearms dealers can continue their trade. 2 In Shirley, the Kansas Supreme Court reversed the Kansas Court of Appeals, holding that firearms dealers must exercise the “highest degree of care” when conducting firearms sales. 3 As a result, Kansas firearms dealers may be liable for selling a firearm to an incompetent purchaser if a jury determines the dealer had even the slightest possible reason to know of the purchaser’s incompetence. 4 This proposition seems fair until one considers that the supreme court’s holding requiring firearms dealers to exercise the “highest degree of care” in determining whether a purchaser is competent to possess a firearm came without instructions. 5 The highest degree of care is one feather away from negligence per se, 6 and firearms dealers have been given an expectation with no guidance as to how to live up to it. This Note analyzes the supreme court’s imposition of the highest de-

Pin the Tail on . . . Somebody: The Kansas Supreme Court's Decision to Expose Firearms Dealers to Unwarranted Liability