Kansas recently enacted amendments to the state’s concealed carry statutes, the Personal and Family Protection Act (the “Act”). These changes, contained in HB 2052, are relevant to all public and private entities, including banks. The Act allows businesses to post signs indicating that concealed weapons are not allowed on their premises. Previously, however, the Act did not speak to the potential implications of posting such signs. Now, as a result of the amendments in HB 2052, there is more clarity as to the impact such signage may have on business-owner liability for incidents related to concealed weapons.
HB 2052 makes two significant changes to the Act with respect to liability. First, HB 2052 provides that businesses that post signs prohibiting concealed carry of weapons and that have adequate security measures in place will not be liable for incidents related to concealed handguns. The types of security measures that will be deemed “adequate” are described in the amendments and include the use of electronic equipment and personnel to restrict the carrying of weapons into a business. Significantly, businesses that do not have adequate security measures and also do not prohibit concealed handguns will not be liable for incidents related to such concealed weapons.
Interestingly, the bill does not provide any insulation from liability for those businesses that post signage prohibiting concealed carry, but do not have adequate security measures in place. In other words, there is no reduction in potential liability from simply posting signage prohibiting concealed weapons, without implementing adequate security measures. Because implementing the necessary security measures may be costly, banks that post signage prohibiting concealed weapons may wish to reevaluate their current procedures. Banks that post the sign, but that do not have adequate security measures, could have increased exposure in light of HB 2052.