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Municipalities Subject to New Employment Rules Relating to Handguns

A new Kansas law (House Bill No. 2578) addresses a variety of issues relating to the regulation and possession of firearms and knives.  Many of the changes relate to municipal ordinances, the disposition of firearms confiscated by courts, or criminal laws. Most notably, the law prevents municipalities from enacting or enforcing laws restricting the purchase, transfer, ownership, storage, carrying, or transporting of guns or ammunition. This law also includes a number of provisions pertaining to employees’ concealed carry rights that may require many municipalities to change their employment policies and practices.   

Here are some of the new provisions:    
  • Municipalities are prohibited from requiring employees to disclose whether they possess a valid license to carry a concealed handgun. 
  • Employees of municipalities may not be terminated, demoted, disciplined, or otherwise discriminated against because of a refusal to disclose whether the employee possess a valid license to carry a concealed handgun.  
  • Municipalities may not create or maintain records regarding an employee’s possession of a valid license to carry a concealed handgun or that the employee has disclosed whether he or she possesses such a license.  All records of such information must be destroyed by July 31, 2014.  
  • Municipalities may prohibit the unconcealed carrying of a firearm into municipal buildings, so long as the building is conspicuously posted in accordance with the rules and regulations issued by the attorney general.    
  • Cities and counties may adopt and enforce ordinances relating to the personnel policies of the city or county and the carrying of firearms by employees; except that any ordinance adopted and enforced must comply with the Personal and Family Protection Act, which governs the concealed carrying of firearms.  
  • Municipalities may not be held liable for any wrongful act or omission relating to the actions of any person carrying a firearm, including employees. 

The law becomes effective July 1, 2014.


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Don Berner, the Labor Law, OSHA, & Immigration Law Guy
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Jason Lacey, the Employee Benefits Guy
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