Newbie To Concealed Carry Question Kansas

[GavonKH1993]

As the title says, I'm from Kansas and I just recently completed the concealed carry class so I'm brand new to all things concealed carry. And I have a question for y'all that I really need a clear answer for.

I have to travel thru a school zone to get to work and as we all know it's a "no no" to carry a firearm in a school zone. So let's say an individual in my situation were to be pulled over in said school zone and this person has their firearm on them. What would happen?? Would they be in violation of the law even though he was just passing through or is there some sort of exception that I am not aware of??

I'd like to say for the record, I do not have my license yet, I have just completed the class and have sent my paperwork to the KS Attorney General for processing. I want to get all of these questions answered before I begin carrying so I can do it legally and with the fewest question marks for safety.

Any advice would be appreciated, thank you!

 

[NavyLCDR]

Possessing a permit/license from the same state the school zone is located in exempts you from the 1000' Federal Gun Free School Zone prohibition. Also, there is no requirement in Kansas to inform a law enforcement officer of your gun, so if you don't make it an issue (during any traffic stop) the officer is not likely to make it an issue.

18 USC 922 (q)(2) is the Federal Gun Free School Zone Act:
18 U.S. Code § 922 - Unlawful acts | LII / Legal Information Institute

They should have explained the exception for permit holders to you in your concealed carry class.

 

[NavyLCDR]

(2)
(A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.
(B) Subparagraph (A) does not apply to the possession of a firearm—
(i) on private property not part of school grounds;
(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;
(iii) that is—
(I) not loaded; and
(II) in a locked container, or a locked firearms rack that is on a motor vehicle;
(iv) by an individual for use in a program approved by a school in the school zone;
(v) by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual;
(vi) by a law enforcement officer acting in his or her official capacity; or
(vii) that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities.

 

[GavonKH1993]

Well my instructor said that it was a no go but he never mentioned an excemption so I wasn't sure. I asked a guy at work about it and he said he wasn't sure about that one either but I guess I did not read far enough into my statutes. Thank you sir, I appreciate it!

Sent from my SCH-I535 using USA Carry mobile app

 

[NavyLCDR]

Well my instructor said that it was a no go but he never mentioned an exception

The three biggest sources of misinformation regarding firearms laws continue to prove themselves to be gun shop employees, law enforcement officers and CCW instructors, in no particular order.

Here's a good summary of Kansas (and every other states') firearms law.
http://www.handgunlaw.us/states/kansas.pdf

 

[Peggy Reist]

They should have explained the exception for permit holders to you in your concealed carry class.

I don't believe that my instructor even mentioned it at all. That would be a pain in the butt if you had to either detour around schools or unload and lock up your gun every time you went through one.
I just always assumed that when they do prohibit them in school zones, it's more for the people who are stopped there dropping off or picking up kids and not driving by on a public street.

 

[NavyLCDR]

I just always assumed that when they do prohibit them in school zones, it's more for the people who are stopped there dropping off or picking up kids and not driving by on a public street.

In Kansas you can't carry your firearm on school premises while picking up or dropping off a student?!? That sucks. In Washington if the person has a CPL we can open carry or conceal on school grounds while pickup up or dropping off students, we just can't go inside the building. Looks like you can't carry in your state capitol either, like we can here.

 

[bofh]

I don't believe that my instructor even mentioned it at all. That would be a pain in the butt if you had to either detour around schools or unload and lock up your gun every time you went through one.
I just always assumed that when they do prohibit them in school zones, it's more for the people who are stopped there dropping off or picking up kids and not driving by on a public street.

Don't believe or assume, KNOW the firearms laws in your state and KNOW the federal firearms laws. A school zone is bigger than the school grounds. The school zone law is a federal law, while the school grounds law is a state law. NavyLCDR already mentioned 18 U.S. Code § 922 - Unlawful acts. This is the federal code that contains the school zone law, as well as, other federal firearms law. He also mentioned http://www.handgunlaw.us/states/kansas.pdf. This is a summary of the state law, which includes the school grounds law, with links to your state's statutes. Note that firearms laws constantly change, try to keep up by regularly visiting the NRA-ILA. Also, state firearms laws differ quite a bit. If you plan to travel to another state with your firearm, inform yourself about the state's law.

After carefully reading http://www.handgunlaw.us/states/kansas.pdf, it is MY opinion that you can carry on school grounds with a permit. You also can carry into school buildings WHEN THEY ARE NOT POSTED WITH A SIGN. If you carry past a posting, it is not a crime. You can be asked to leave and if you don't leave you can be charged with criminal trespassing. THIS IS NOT A LEGAL ADVISE, JUST MY OPINION.

PS: I live in Tennessee and my state's laws are completely different.

 

[NavyLCDR]

bofh appears to be correct.

Kansas state law:

Statute | Kansas State Legislature

21-6301. Criminal use of weapons. (a) Criminal use of weapons is knowingly:

(11) possessing any firearm by any person, other than a law enforcement officer, in or on any school property or grounds upon which is located a building or structure used by a unified school district or an accredited nonpublic school for student instruction or attendance or extracurricular activities of pupils enrolled in kindergarten or any of the grades one through 12 or at any regularly scheduled school sponsored activity or event whether the person knows or has reason to know that such person was in or on any such property or grounds;

(i) Subsection (a)(11) shall not apply to:

(1) Possession of any firearm in connection with a firearms safety course of instruction or firearms education course approved and authorized by the school;

(2) possession of any firearm specifically authorized in writing by the superintendent of any unified school district or the chief administrator of any accredited nonpublic school;

(3) possession of a firearm secured in a motor vehicle by a parent, guardian, custodian or someone authorized to act in such person's behalf who is delivering or collecting a student;

(4) possession of a firearm secured in a motor vehicle by a registered voter who is on the school grounds, which contain a polling place for the purpose of voting during polling hours on an election day; or

(5) possession of a handgun by an individual who is licensed by the attorney general to carry a concealed handgun under K.S.A. 2014 Supp. 75-7c01 et seq., and amendments thereto.

Statute | Kansas State Legislature

21-6309. Unlawful possession of firearms on certain government property. (a) It shall be unlawful to possess, with no requirement of a culpable mental state, a firearm:

(4) within any other state-owned or leased building if the secretary of administration has so designated by rules and regulations and conspicuously placed signs clearly stating that firearms are prohibited within such building;

 

[GavonKH1993]

Well that pretty well takes care of my question. Also just for the record, I don't have any business that would even remotely take me into school grounds. I just have to travel on a road that is within a school zone. So good to know I won't have any problems.

Now another question I have is this; I have carried a loaded handgun in my truck and kept it in the center console of my truck. Now I know that you can do that with your concealed carry license but I've looked and looked and I cannot seem to find an answer to if I'm legal in doing that without my license. Do y'all have any words of wisdom for me on that particular subject??

 

[NavyLCDR]

Now another question I have is this; I have carried a loaded handgun in my truck and kept it in the center console of my truck. Now I know that you can do that with your concealed carry license but I've looked and looked and I cannot seem to find an answer to if I'm legal in doing that without my license. Do y'all have any words of wisdom for me on that particular subject??

http://ksag.washburnlaw.edu/opinions/2014/2014-014.pdf

May a person lawfully store a loaded firearm in a glove box or container in a vehicle, even if that person does not have a concealed carry license?

The answer to your question is yes. There is no state law that prohibits a person who is otherwise legally allowed to possess firearms from storing a loaded firearm in a glove box or container in their own vehicle, regardless of whether the person is licensed to carry a concealed handgun. It is a crime in Kansas to knowingly carry a concealed firearm on one’s person if that person is not licensed to do so, but there are no state prohibitions on transporting a loaded firearm in a vehicle.

 

[Peggy Reist]

In Kansas you can't carry your firearm on school premises while picking up or dropping off a student?!? That sucks. In Washington if the person has a CPL we can open carry or conceal on school grounds while pickup up or dropping off students, we just can't go inside the building. Looks like you can't carry in your state capitol either, like we can here.

No. I think you CAN. One of the towns I regularly drive around has a school zone about every few blocks it seems like. It wouldn't even be worth it to carry if you couldn't drive through a school zone with it. I have no reason to stop in any school zone, so I just never really thought that much about it.

 

[Liberated Brit]

Does this not cover Non-Resident CCW Licenses? Or are they SOOL?

 

[NavyLCDR]

Does this not cover Non-Resident CCW Licenses? Or are they SOOL?

In order to be exempt from the 1000' Federal Gun Free School Zone prohibition, a person must possess a license that was actually issued by the same state the school zone is located in, with a background check required to obtain that state's license.

If you possess a Washington non-resident CPL, for example, the CPL would exempt you from the Federal Gun Free School Zone in Washington - and Washington only even if you were a resident of a different state.

If you posses a permit that Washington honors, such as the Utah permit, the Utah permit would exempt you in Utah, but not in Washington - because the Utah permit was not actually issued by Washington, nor did Washington do any background check for it.

The Federal Gun Free School Zone Act basically completely nullifies any interstate reciprocity regarding firearms carry permits - however the Federal Gun Free School Zone Act is ignored by 99% of law enforcement officers unless you are actually committing a violent crime with the firearm in a school zone.

 

[mbulger]

Do yourself a favor, go on facebook and do a search for "Kansas Gun Laws" Pat Stoneking, the President of the Kansas State Rifle Association has a facebook page to answer any and all questions concerning gun laws in Kansas. The short answer is according to state law in Kansas, you may carry in school zones if you are licensed. The school buildings are off limits, and this may include athletic facilities.