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H.R. 218 vs State Law

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  • H.R. 218 vs State Law

    I have a question hopefully that has come up somewhere before. I am a retired officer covered and carrying under HR 218. Recently my state , Kansas has passed a concealed carry law.

    Under that Kansas concealed carry law if you carry into an establishment that has posted the correct No Carry signs you may be arrested and charged with a Class A misdemeanor.

    The state law however specifies that this penalty is for individuals licensed under that act.

    (“No license issued pursuant to this act shall authorize the licensee to carry a concealed weapon into “ ) etc. etc. It then goes on to say ( “Violation of this section is a class A misdemeanor.” ).


    While I completely understand that under HR 218 we are to honor any private individuals or businesses that do not wish to have weapons carried into their premises, some of the signs posted are not quite up to the state regulations. So not wanting to be a “ Test Case “ if I honestly miss observing one of these signs, my questions are as follows.

    1. Although we are responsible for honoring such signs are we criminally liable under the state law provisions even though we are not licensed to carry under the state act? My take is that the Class A misdemeanor charge is specifically for those licensed under the state law and not for HR 218.

    2. Is there anywhere listed penalties for violations of HR 218 ?

    Again I do not wish to push my luck or not respect private entities that do not wish me armed on their property. Just want to know where we retired officers stand.

    Thanks for any assistance you can give me.

  • #2
    I'd check with your state's Attorney General for an opinion on that one. And keep a copy of the answer. You never know what a local elected prosecutor will do to keep their name out there...
    Three Stripes beats Four Aces.
    Retirement: You've Won the War when you're Paid to Stay at Home.

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    • #3
      Hr 218

      I've already written and called the AG and I am awaiting either a call back or something in writing. No response as of yet. I don't think they know either, leave it to me to raise a problem that they haven't considered. Monday I will call someone at the US Attorneys office for Kansas.

      On one hand how do you penalize someone under a law that they are not licensed under, but then who does cover it??????. My thought is that we ( HR 218 ) would be covered by the trespass statues. If you are asked to leave and you don't, ( only a real idiot wouldn't ) then it is a trespass offense.

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      • #4
        Originally posted by charliem
        I have a question hopefully that has come up somewhere before. I am a retired officer covered and carrying under HR 218. Recently my state , Kansas has passed a concealed carry law.

        Under that Kansas concealed carry law if you carry into an establishment that has posted the correct No Carry signs you may be arrested and charged with a Class A misdemeanor.

        The state law however specifies that this penalty is for individuals licensed under that act.

        (“No license issued pursuant to this act shall authorize the licensee to carry a concealed weapon into “ ) etc. etc. It then goes on to say ( “Violation of this section is a class A misdemeanor.” ).


        While I completely understand that under HR 218 we are to honor any private individuals or businesses that do not wish to have weapons carried into their premises, some of the signs posted are not quite up to the state regulations. So not wanting to be a “ Test Case “ if I honestly miss observing one of these signs, my questions are as follows.

        1. Although we are responsible for honoring such signs are we criminally liable under the state law provisions even though we are not licensed to carry under the state act? My take is that the Class A misdemeanor charge is specifically for those licensed under the state law and not for HR 218.

        2. Is there anywhere listed penalties for violations of HR 218 ?

        Again I do not wish to push my luck or not respect private entities that do not wish me armed on their property. Just want to know where we retired officers stand.

        Thanks for any assistance you can give me.
        HR 218 has wording that may help you decide:

        "...5) is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and..."

        If you are going to consume alcoholic beverages in a public place, be certain NOT to drink any amount that would cause you to be under the influence - about two drinks; otherwise, you will be in violation!
        Be courteous to all, but intimate with few, and let those few be well tried before you give them your confidence!

        [George Washington (1732 - 1799)]

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        • #5
          Drinking and entering bars or places serving alcohol armed is not the question. I wouldn't even think of attempting that. As my hero " the Duke " once said " I hope you're smart enough to know that guns and that " Who hit John " don't mix "

          Here all types of places are posted. grocery stores, malls, movie theaters, etc. It's there that the confusion ensues. Mainly because some premises are not posted properly or visibly.

          While HR 218 states that we are to honor any such posted premises there are no penalites stated. The state law is written specifically for state CCH holders and says that in the statue.

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          • #6
            I don't know about your state, but in Arkansas, the State Police regulates concealed handgun permits. You might contact your Highway Patrol/State Police to see if they are the regulatory authority there and if not, they would be able to tell you who is. I understand that in some states, each individual county sheriff does that. You could then ask the regulatory agency if the concealed handgun restrictions apply to law enforcement officers, either active duty or retired. Here in my State, the "no guns allowed" signs don't apply to certified law enforcement officers, whether you're active or retired.

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            • #7
              Hr 218

              As a fellow retired officer I fall into the same catagory you do. My thought would be to respect any prohibitions on carry on private property. Do this at least untill you get some clarification from your A.G. I'm personally pretty selective where/when I carry. It's worked out well so far.

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