Concealed Carry of Handguns in Publicly Owned Buildings in Kansas

7/28/2019 Concealed Carry of Handguns in Publicly Owned Buildings in Kansas

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State of Kansas

Senator Forrest KnoxKansas Senate, District 14

IMMEDIATE RELEASE For More Information:June 20, 2013 Senator Knox: 620-636-0051, [email protected]

Concealed Carry of Handguns in Public Buildings

TOPEKA - Senator Forrest Knox (R-Altoona) and many other members of the Kansas legislature worked for several years to address security in public buildings. These efforts have culminated with the passage of SenateSubstitute for HB 2052, which becomes law on July 1, 2013. Currently much discussion and action is beingtaken across the state by municipalities with regard to security in their buildings. Please find below clarificationof the intent and content of the new law.

Following passage of concealed carry in Kansas many buildings were posted prohibiting concealed carry eventhough no security was provided. Some municipalities across the state have recently discovered that this wasdone arbitrarily and without proper authority. Authorities are taking steps to decide which buildings requiresecurity and which do not. They are taking the signs down in buildings that they determine do not require thenecessary investment in security measures. These authorities are allowing law abiding, licensed citizens to

provide for their own protection where security is not in place.

The recent prevalence of mass shootings in public places, many of which have been posted no concealedcarry and are often referred to as gun free zones, has shown such places to be attractive sites for criminals.Elected officials are realizing that there are liability concerns in posting unsecured buildings.

The 2007 Virginia Tech shooting is an example of such an event. A jury found the school liable in a civil lawsuit and awarded family members of victims large cash settlements. In this case the judge instructed the jurythat a special relationship did exist between university officials and the victims, and that the relationshiprequired officials to provide for their safety and security. The jury found Virginia Tech's actions contributed tothe deaths of the students.

In hearings conducted over the last few years in the capitol, as more categories of people are being allowed tocarry concealed handguns into public buildings, chief judges requested that authorities be allowed to restrict theweapons that enter court facilities when adequate security measures are taken . This became the impetus for the present legislation. Publicly owned buildings should only restrict licensed concealed carry when adequatesecurity measures are present .

In America our right to keep and bear arms is guaranteed and we must not allow this to be denied any placethat we have a right to be , state Sen. Knox. The only exception to this is in the rare instances when specialsecurity is provided to the general public as a whole. Elected officials and Kansas citizens are figuring out, asign is not adequate security.
mailto:[email protected]:[email protected]


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Senator Knox also clarified several points regarding HB 2052:

1) This legislation is not a knee-jerk reaction to recent events but rather the product of many years of work which has encompassed many public hearings with passionate testimony on both sides. This is the

product of the legislative process at its best .

2) This legislation passed both houses of the legislature in a strong, 80% favorable, bipartisan show of support and reflects the profound support of the citizens of Kansas for the individual right to keep and bear arms.

3) The heart of this legislation is that in publicly owned buildings, in which the public has a right and oftenthe necessity to be, law abiding citizens shall not be denied the right to provide for their own securityunless security for the general public is provided .

4) Publicly owned buildings that do not have open access to the public, having only controlled accessentrances , are not specifically covered by this legislation. Buildings which are given blanketexemptions in this law are such buildings, that are intrinsically not open to the public at large or could

be such. Specifically exempted are public primary and secondary schools as well as the Kansas school

for the deaf and for the blind.

5) Municipalities are allowed a limited exemption for six months in order for security plans to bedeveloped. Thereafter, one four year exemption is allowed. To obtain this exemption they must:a) Adopt a resolution or draft a letter listing the buildings being exempted and listing the reasons for

the exemption. b) This statement must include the following sentence: A security plan has been developed for the

building being exempted which supplies adequate security to the occupants of the building and merits the prohibition of the carrying of a concealed handgun as authorized by the personal and

family protection act. c) A copy of the security plan must be maintained on file and must be made available to the Attorney

General and local law enforcement.d) Notice of the exemption must be sent to the Attorney General and local law enforcement.

6) Certain publicly owned institutions can receive one limited four year exemption simply by notifyingthe Attorney General and stating the reasons for the exemption. These institutions include a state or municipal owned:a) medical care facility.

b) adult care home.c) community mental health center.d) indigent health care clinic.e) postsecondary educational institution.

7) After this four year period, beyond December 31, 2017 , no further exemption is allowed and any posted building will require adequate security measures to prohibit lic ensed concealed carry.

8) In exempting such buildings, liability issues should be a concern of those in authority and such issuesare specifically included in this legislation.a) Where adequate security measures are provided and a sign is posted prohibiting concealed carry

liability protections are given. b) Where security is not provided and concealed carry is allowed the same liability protections are

given.


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c) These protections are provided for both public and private buildings, but private buildings arespecifically deemed protected from any increase in liability due to this legislation. Public buildingsreceive no such protection from increased liability due to this legislation.

d) Exempted buildings receive none of these liability protections.

9) Related liability insurance issues are arising as the company that insures most school districts andcommunity colleges in the state, and many of the municipalities, is apparently objecting to thislegislation. However, as there is no statistical basis for increased liability in allowing concealed carry

where no security now exists, several entities in the state have found alternate insurers who will providethe same service while allowing concealed carry and are charging less for the service. It is apparentlytime to end this insurance monopoly and let free markets work.

10) In keeping with this legislation, chief judges of judicial districts are given specific authority to limit the presence of weapons in their courtrooms and ancillary courtrooms, provided that security such asar med law enforcement is in place . However, judges across the state are trying to require that the entire

building which houses their court facilities be posted and to require security. This is in direct contrast tothe legislation and to their current practice in many rural areas. In the past some county commissionershave complied with such requests of chief judges and others have not. In many rural areas only the

judicial areas of the buildings have been made restricted access or provided security measures. On the

occasions when security is needed for the general public entering a courtroom, an officer with a wand isadequate. The public areas of such buildings must have adequate security measures in order to

prohibit licensed concealed carry in those areas.

11) In similar fashion corrections and jail facilities as well as law enforcement agencies are not impededfrom prohibiting weapons from entering the secure areas of their buildings. However, they cannot

prohibit licensed concealed carry in the publ ic areas unless adequate security measures are provided.

12) Licensed employees in buildings which lack adequate security measures cannot be denied the right tocarry concealed handguns.

13) Any licensed person who has authority to enter a restricted access entrance in buildings which provide adequate security measures i s not in violation of the law when carrying a concealed handgunwithin the building.

14) Certain publicly owned institutions are given authority to allow licensed employees to carry withintheir buildings even if the buildings are posted. These institutions, which may set their own policyrequirements for allowing employees to carry, include a state or municipal owned:a) unified school district.

b) medical care facility.c) adult care home.d) community mental health center.

e) indigent health care clinic.f) postsecondary educational institution.

15) Several changes have been made which affect the capitol building and capitol complex.a) Any person may carry a firearm on the grounds of the state capitol.

b) It is not unlawful for anyone licensed to carry a concealed handgun within these buildings, includingthe governors residence and grounds .

c) Concealed carry will be allowed within the state capitol after July 1, 2014 unless specific action istaken by the Legislative Co ordinating Council prior to that date and it is determined that adequatesecurity measures exist in the capitol.


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16) There is no longer a list of buildings in which concealed carry is prohibited.

17) There is no longer a criminal penalty for a person licensed to carry a concealed handgun that carries in aposted building . He may only be denied access or removed from such premises.

18) Implied in this legislation is that the weapons themselves are not evil but rather it is the actions of criminals that are evil. We can trust the citizens of Kansas and should not limit their freedoms based

on the illegal actions of a few. The knife legislation passed this year is a clear example of this.

19) Local control starts with our citizens, by protecting their constitutionally guaranteed individual liberties.Kansas citizens who, by the way obey the signs, are not a threat to our security. We should not tread ontheir rights while at the same time taking no steps to prevent criminals from bringing illegal weaponsinto public buildings. Good Kansans with guns make all of Kansas safer.

20) What does the future hold? The citizens of Kansas are in strong support of their individual right tokeep and bear arms, as about 90% voted to make this very clear in the Kansas Constitution.Legislatively, look for support of states rights over federal overreach. Look for support for measuresaiding the security of a free state. Look for less infringement on the constitutional rights of Kansans - a

move toward constitutional carry. Look for tighter and tighter adherence to the 2nd

Amendment, whichelected officials are sworn to support.

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Documents

Concealed Carry of Handguns in Publicly Owned Buildings in Kansas