A little truth about the Concealed Carry license in Kansas.

You may carry concealed in a school zone and even on school property provided you have a Kansas concealed carry permit and the school zone is in Kansas. You may even carry concealed in a school building provided it is NOT posted with no carry signs.

You may NOT open carry or carry concealed in a school zone, on school property or in any school building without a concealed carry permit.

You may NOT pass through a school zone in an automobile with a loaded gun open or concealed unless you have a concealed carry permit.

Under Kansas law, if a building, including schools, is posted with the no concealed carry signs you cannot carry in that building. Under Kansas Statute only buildings may be posted. In the FILES section see the document labeled “75-7c01 et seq. Concealed Carry Statutes 07-18-2014.pdf” that contains this. Look at 75-7c10 and 75-7c20 within that document. Kansas law, K.S.A. 21-6301 also specifies that if you have a concealed carry permit you are exempt expressly in the following: (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) any 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. 2013 Supp.75-7c01 et seq., and amendments thereto.

In Federal law, Title 18 USC Section 922(q) which may be found in the FILES section and is the code that contains the Gun Free School Zone Act, which prohibits the possession of a firearm in a “school zone”. A school zone is defined as the grounds of a public, parochial or private elementary or secondary school and encompasses 1,000 feet of the grounds surrounding the school. The ban on firearm possession does not apply to private property that may be within that 1,000 feet but not part of the school property.

18 U.S.C. 922(q) (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.

Federal statute has a caveat that says if the State has no law prohibiting concealed carry in schools AND if you have a resident concealed carry permit AND the school is in your state of residence you may carry concealed. Our State law is you may carry UNLESS the building is posted.

18 U.S.C. 922(q)(4) Nothing in this subsection shall be construed as preempting or preventing a State or local government from enacting a statute establishing gun free school zones as provided in this subsection.

Federal law has no such caveat for open carry, only concealed carry. In the formal Attorney General Opinion #2014-14 issued on July 28, 2014 General Schmidt states, "...a person may possess a firearm within a school zone if the person is on private property that is not part of the school grounds. This means that a person may store a loaded firearm in a vehicle parked within 1,000 feet from the grounds of a school so long as the vehicle is parked on private property." This opinion also states that federal law requires (if you have no concealed carry permit) that a person may possess a firearm in a school zone IF the firearm is unloaded and stored in a locked container or rack. The AG opinion also states, "Federal law prohibits a person not licensed to carry a concealed handgun from possessing or transporting a loaded firearm in a school zone, except on private property."

The other consideration where federal law is concerned is that they have no exemption for discharging a firearm in a school zone so if you use your firearm, even for lawful defense under state law you could be charged with a crime under federal law. Section 922(q) also prohibits any person from knowingly or recklessly discharging or attempting to discharge a firearm in a school zone. The ban on discharging a firearm in a school zone does not apply: (a) if the discharge is on private property outside school grounds; (b) if the discharge is by a participant in, and part of, a program approved by the school; (c) if the discharge is pursuant to a contract between the school and the shooter or his employer; or (d) if the discharge is by a law enforcement officer acting in an official capacity. Thus, it prohibits discharge of firearms in school zones under any circumstance, except for on-duty law enforcement officers, contracted school security guards and participants in approved school programs.

18 U.S.C. 922(q)

(3)(A) Except as provided in subparagraph (B), it shall be unlawful for any person, knowingly or with reckless disregard for the safety of another, to discharge or attempt to discharge a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the person knows is a school zone.

(B) Subparagraph (A) does not apply to the discharge of a firearm—

(i) on private property not part of school grounds;

(ii) as part of a program approved by a school in the school zone, by an individual who is participating in the program;

(iii) by an individual in accordance with a contract entered into between a school in a school zone and the individual or an employer of the individual; or

(iv) by a law enforcement officer acting in his or her official capacity.