Kansas workplace gun law?

Kansas workplace gun law?

This is a discussion on Kansas workplace gun law? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I just want to be clear on this before having my gun locked in my car. From what I understand even though my employer has ...

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  1. #1
    Member Array Romans623's Avatar
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    Kansas workplace gun law?

    I just want to be clear on this before having my gun locked in my car. From what I understand even though my employer has a no weapon policy, even in personal vehicle policy the state law trumps it? Kansas is an "at will" work state so they could fire me anyways.

    - Employers, both public and private, may continue to restrict a licensed employee’s ability to carry
    concealed while they are performing the duties of their employ, but licensed employees are allowed to store
    their firearm in their private means of conveyance, even if parked on company property.



    75-7c11
    (1) Any public or private employer from restricting or prohibiting by personnel policies persons licensed
    under this act from carrying a concealed weapon while on the premises of the employer’s business or while
    engaged in the duties of the person’s employment by the employer, except that no employer may prohibit
    possession of a firearm in a private means of conveyance, even if parked on the employer’s premises; or
    (2) any private business or city, county or political subdivision from restricting or prohibiting persons
    licensed under this act from carrying a concealed weapon within a building or buildings of such entity,
    For the wages of sin is death; but the gift of God is eternal life through Jesus Christ our Lord.
    Romans 6:23
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  2. #2
    VIP Member Array Eagleks's Avatar
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    What's the question ??? IF you go to the Kansas Attorney General's site, they answer the question...

    You can legally have a gun in your vehicle on an employer's parking lot (if it's available to the public) and not be charged with a crime for it being there.

    However, an employer can restrict employees from having a gun in their vehicle and fire them if they do.

    I think it really sucks and the Ks Legislature needs to fix it...... but, even if they did... it's an "at will " state and they could use some other excuse to fire you... and say it had nothing to do with the gun in your car and get away with it.

    The Ks Atty Gen .... will reply quite well to questions if you need clairifications.... so don't take my word for it.

  3. #3
    Member Array Romans623's Avatar
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    Heres what the AG's site states.

    Can an employer restrict the concealed carry of firearms by Licensees?
    o Answer: Yes. Through personnel policies an employer may prohibit
    Licensees from carrying concealed while on the premises of the employer’s
    business or while otherwise engaged in the duties of the Licensee’s employ
    except that employer’s are not allowed to prohibit Licensee’s from storing
    firearms in the Licensee’s private means of conveyance even if parked on the
    employer’s premises.

    I guess I'll email them. I wouldn't want to break company policies but I also don't feel like not being able to defend myself away from work. I do not live close to my work, so thats a long drive without protection and if I decided to run errands after work I wouldn't be armed.
    For the wages of sin is death; but the gift of God is eternal life through Jesus Christ our Lord.
    Romans 6:23
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  4. #4
    Member Array dcunited's Avatar
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    My company has the same policy but, during hunting season, I am sure there are at least a dozen rule-breakers out there. My state also has a "can not fire" type clause (GA) but I am not going to be the test case if I can help it. Just added another mouth who likes to eat!
    --
    I do not love the bright sword for its sharpness, nor the arrow for its swiftness, nor the warrior for his glory. I love only that which they defend. (J.R.R.Tolkien, The Two Towers)

  5. #5
    Member Array Hawaiianone's Avatar
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    I don't know how strict your employer is on what they consider to be a weapon, but you might want to consider taking the mag with you if you leave a firearm in your car. At least that way if your car is broken into, the BG will have to find another mag and ammo before he can use the firearm. Especially if you are returning to you car as he is stealing your gun.

  6. #6
    Member Array harlee79's Avatar
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    After all the research i've done on this i've decided one thing...

    "Don't ask and Don't tell"

    I'm sure if some people heard you had a gun in your car they would panic and have HR walking you out the door even if you were legal. If you feel strongly about your safety, don't tell anyone that you have it in your car. And deny it if asked, they can't legally search the car.

  7. #7
    Member Array possessed's Avatar
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    Interesting reads here. I know my compnay bans weapons on all company owned property. Not sure how NC law deal with cars in public parking lots.
    And I will strike down upon thee with great vengeance and furious anger those who would attempt to poison and destroy my brothers. And you will know my name is the Lord when I lay my vengeance upon thee.

  8. #8
    Member Array dcunited's Avatar
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    Quote Originally Posted by harlee79 View Post
    "Don't ask and Don't tell"
    Clinton was a gun-grabber but he did have one useful policy for gun owners.
    --
    I do not love the bright sword for its sharpness, nor the arrow for its swiftness, nor the warrior for his glory. I love only that which they defend. (J.R.R.Tolkien, The Two Towers)

  9. #9
    Member Array XDFender's Avatar
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    Quote Originally Posted by Eagleks View Post
    However, an employer can restrict employees from having a gun in their vehicle and fire them if they do.
    Eagle--this statement is not correct. If an employer fires an employee for keeping a gun in the employee's car, then the employer has violated the Kansas statute, which prohibits employers from "prohibit[ing] possession of a firearm in a private means of conveyance, even if parked on the employer’s premises."

    Employment-at-will means that an employer may fire an employee for any lawful reason, or no reason at all, but it does not mean that an employer may fire an employee for a reason that is prohibited by law. It is the same as firing somebody for being female, a catholic, handicapped, etc. It is prohibited by the law.

    And, if the employer asserts that they fired the employee for "no reason" but the facts indicate that the real reason was for keeping a gun in his/her car, the employee will have a case for wrongful termination.

  10. #10
    Member Array MandM's Avatar
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    Sorry but in this day and age. An employer can easily say you were fired due to budgetary issues. It would be difficult to PROVE the real reason.
    You can't fix stupid. Ron White

  11. #11
    Member Array XDFender's Avatar
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    Quote Originally Posted by MandM View Post
    Sorry but in this day and age. An employer can easily say you were fired due to budgetary issues. It would be difficult to PROVE the real reason.
    True--it may be difficult to prove, but if the timing and other facts come together to point to the real reason being for having a gun in the car, a wrongful termination case could be brought--I just would not want to be in that position in the first place, so...


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