Kansas: Bans on Guns in Company Parking Lots Prohibited
May 1, 2007
by Employment & Labor Law / Employee Benefits Group
Stinson Morrison Hecker LLP
Copyright © 2007
Employers in Kansas may no longer prohibit employees from possessing a firearm in their private vehicle – even if the car or truck is parked on the employer’s premises – as a result of a provision embedded in a new law (H.B. 2528) passed by the Kansas legislature on April 27, 2007 and which was enacted over Gov. Kathleen Sebelius’ (D) veto. The measure was included as part of several amendments to the Kansas concealed-carry law.
May Ban Firearms on Premises Through Policies – A Kansas employer can continue to restrict or prohibit through its personnel policies a person (even one with a concealed-carry license) from carrying a concealed weapon while on the “premises” of the employer’s business or while the employee is engaged in the duties of his or her employment.
May Not Ban from Autos or Parking Lots – The newly enacted amendments, however, impose a new restriction on an employer’s ability to prohibit the possession of a firearm on its premises. Under the revised concealed carry law, an employer may not “prohibit possession of a firearm in a private means of conveyance, even if parked on the employer’s premises.”
May Ban From Buildings – Business and property owners in Kansas may also restrict or prohibit concealed weapons by posting a sign available from the Kansas Attorney General website. However, the newly enacted amendments provide that such weapons may only be restricted or prohibited from an entity’s “building or buildings” as opposed to its “premises” – presumably precluding an entity’s parking lot.
Sign Requirements – Under the Kansas concealed carry sign regulations, each sign that is used to prohibit concealed handguns in buildings must meet all of the followings requirements:
- The size of the sign must be a least eight by eight inches, with the graphic at least six inches in diameter. If the sign is larger, then the graphic needs to be proportional in size.
- The background must be white.
- The graphic of the handgun must be black.
- The graphic of the circle and diagonal slash across the handgun must be red.
- No text may be within the one-inch area surrounding the graphic.
- The signs must be displayed so those entering buildings will likely see it.
License Required – Only Kansans duly licensed may carry a concealed weapon. To apply for a Kansas concealed-carry permit, applicants must be at least 21-years old, a citizen of the United States, a resident of Kansas for at least six months, and not have a felony conviction or certain other criminal history. Applicants must also pay a fee, be fingerprinted, and undergo approved weapons training.
Towns and Cities May Not Further Restrict – The newly enacted amendments also prevents local towns and cities from regulating, restricting, or prohibiting the carrying of concealed weapons in any manner inconsistent with state law.
Bottom Line - Kansas employers should review their human resource policies in light of these new changes to the state’s concealed-carry law. Kansas employers may still prohibit employees from carrying a concealed weapon in company buildings and while the employee is engaged in the duties of employment. In addition, Kansas businesses and property owners may restrict or prohibit persons (including customers, vendors and visitors) from carrying a concealed weapon into their buildings, so long as they properly post the required signage
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