Kansas Concealed Carry Law vs. Off Duty Carry

[spanky14]

Just to make all of you aware, my department just received information from the AG's office that if you are off duty and are carrying, you are subject to the same posted signs as someone who just has a CCL permit.

[pbcromans]

Is that an AG opinion? and if so do you know where it is posted? the way i read the new statutes it states "any license" as being restricted from those places, says nothing of LEO's.

[NBW791]

I've even seen some signs that say, "No firearms (except law enforcement officers)".

[spanky14]

As of yet there is no AG's opinion. My Sgt. sent a request for an AG's opinion on 04/01 and has not received a reply as yet. One of my fellow officers attended a training in Wichita where they said that LEO's had to abide by the requests of the property owners who were posting the signs if they were asked to leave. Sgt. sent an e-mail to AG's office and received a reply from one of the deputy AG's stating that although we, as LEO's, have more rights than someone with a CCL, we are still subject to the same posted signs. As I receive more information I will post it. If anyone wants anymore in depth answers please feel free to PM me.

[ppd101]

If your not waving your firearm around, you will not have any problem because the business owner will not know your armed. But one has to think, if the owner is being robbed by a criminal with a gun and you stop that criminal, would the owner seek charges against you because you didn't abide by his little posted sign.

[hankrearden2000]

Reason enough to let Darwin's theory take its course. Let the thug make off with the loot.

[signal1]

I would be interested to see what the AG's opinion is. I haven't heard anything crazy about officers having to abide by the signs. Plus it would not make any sense....what is a plain clothes officer to do? Avoid the business or unarm before walking in...I don't think so!! As a former detective (plain clothes), I guess I just wouldn't be able to follow up on a criminal case if they have their business marked.

[Kansas old dog]

coneal carry for leos

I also do not believe that we cannot carry. This just doesn't make any sense. Waiting to hear more.

[spanky14]

I agree with what everyone is saying, I was just giving what little information I had at the time. I too agree that we should not have any problems unless we make it known that we have our weapon with us. I checked yesterday when I went back into work, and there has not been anything back from the AG. I will keep you posted.

[trooper_6]

I am currently going through KLETC. The legal instructor there stated that the most current information in the state statutes is that the no gun signs DO NOT APPLY TO LAW ENFORCEMENT OFFICERS. So that is what I am going to go by.

[signal1]

What do you all think of the new law that passed?

[jnhdrac]

We had a similar debate in NC. My contention is that a police officer performing an official duty is authorized to carry a gun. In my department, we are required to carry police id at all times, which I believe is performing an official duty. Therefore we can carry a gun and essentially ignore the signs. The catch is if somehow the gun is spotted and the store asks you to leave. Now it is a trespassing issue, not a ccw issue. I think once the store employee asks you to leave, you are obligated to leave.

[spanky14]

The issue of it becoming a tresspassing case is the one that we are trying to get a ruling on more than anything. Unfortunately the AG's office is taking forever, and this is not one of the more important issues, as far as that office believes.

[rh202]

LEO Off-Duty Carry and CCH Laws

I believe this is an old thread, but I thought I'd offer some information. I am a CCH instructor as well as a full-time LEO.

CCH holders get their right to carry via 75-7c01 which also defines the signage and limits of concealed carry. CCH holders need to abide by the signage.

LEO's carry concealed via an exemption in the criminal use of weapons statute NOT the CCH statute and therefore do NOT need to abide by any signs.

[NBW791]

Wow....that may set a new record for reviving the oldest thread! :-) Oh well, good info nonetheless.