insidious_calm
Member
- Joined
- Apr 24, 2004
- Messages
- 337
Just got the KSAG's letter to CCH instructors titled "Concealed Carry Modifications in light of H.B. 2528". While not an official AG opinion, it is the AG's interpretation of the new law. The full text of the final bill can be found here HB 2528
Among the highlites of the new law is statewide preemption of city and county ordinances and regulations regarding the possesion and transportation of firearms by licensees. This allows licensees to remove their firearm from their person while traveling in their vehicle or to leave their firearm locked in their vehicle without fear of prosecution. It also eliminates the possibilty of prosecution under several stupid city ordinances in places such as Topeka and Wichita that made the possesion of a loaded magazine itself a crime which created a problem for licensees carrying a spare. This does not allow for open carry by licensees according to the AG nor in my interpretation of the bill, even though their is no state law prohibiting such. Those local laws still have effect.
Also very important, are changes to prohibited places and signage requirements. The most significant of which is that "In order to bring charges of unlawful concealed carry against a licensee, those properties previously enumerated under K.S.A. 75-7c10 (schools, bars, churches, school & professional athletic events, etc.) must now be posted. (Emphasis by AG Morrison)" This means that if a building is not posted you cannot be prosecuted under the concealed carry laws. Tresspass would still apply if you refused to leave when asked.
Additionally, cities and counties may no longer post parks or greenways, meaning park carry is now legal in those places where cities tried to prevent this, which is quite a few. Also, parking lots - public or private, may no longer be posted. This means you can now enter the mall parking lots to eat at a restaurant adjacent to the lot. You may also park and leave your firearm in your vehicle to enter the mall itself if it's posted.
This also means that employers can no longer stop you from carrying to work and leaving your firearm in your private means of conveyance. They may still prevent carry while on the clock and in their vehicles. They are prohibited by law from taking employment action against you for leaving a gun in your car on their lot. I promise you that this provision will be tested in court.
All in all some very positive changes for Kansans. Now if would could just change our governor :banghead:.
I.C.
Among the highlites of the new law is statewide preemption of city and county ordinances and regulations regarding the possesion and transportation of firearms by licensees. This allows licensees to remove their firearm from their person while traveling in their vehicle or to leave their firearm locked in their vehicle without fear of prosecution. It also eliminates the possibilty of prosecution under several stupid city ordinances in places such as Topeka and Wichita that made the possesion of a loaded magazine itself a crime which created a problem for licensees carrying a spare. This does not allow for open carry by licensees according to the AG nor in my interpretation of the bill, even though their is no state law prohibiting such. Those local laws still have effect.
Also very important, are changes to prohibited places and signage requirements. The most significant of which is that "In order to bring charges of unlawful concealed carry against a licensee, those properties previously enumerated under K.S.A. 75-7c10 (schools, bars, churches, school & professional athletic events, etc.) must now be posted. (Emphasis by AG Morrison)" This means that if a building is not posted you cannot be prosecuted under the concealed carry laws. Tresspass would still apply if you refused to leave when asked.
Additionally, cities and counties may no longer post parks or greenways, meaning park carry is now legal in those places where cities tried to prevent this, which is quite a few. Also, parking lots - public or private, may no longer be posted. This means you can now enter the mall parking lots to eat at a restaurant adjacent to the lot. You may also park and leave your firearm in your vehicle to enter the mall itself if it's posted.
This also means that employers can no longer stop you from carrying to work and leaving your firearm in your private means of conveyance. They may still prevent carry while on the clock and in their vehicles. They are prohibited by law from taking employment action against you for leaving a gun in your car on their lot. I promise you that this provision will be tested in court.
All in all some very positive changes for Kansans. Now if would could just change our governor :banghead:.
I.C.
