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On Kris Kobach’s Not-So-Childish Antics with a Machine Gun Studded Jeep (Children Know Better)

June 2nd is National Gun Violence Prevention Day. The day was chosen because it was the birthday of Hadiya Pendleton, a 15-year-old from Chicago who was killed with a gun shortly after participating in Obama’s inauguration. There’s been a whole #WearOrange campaign around it since 2015. You can read more here. There were events to celebrate the day all over Kansas. Fail Campus Carry admittedly didn’t do enough advertising for them this year. It is what it is. We hope you went.

Of course we couldn’t have a day to remember gun violence victims without Kris Kobach literally parading around with a giant machine gun, could we? Not in Kansas. (And yes, we know it’s a replica and we don’t care—it’s still gross).

We’d like to remind everyone why no one should actually be shocked that Kris hates-immigrants-and-following-court-rules Kobach mounted a replica machine gun to the top of an American flag painted jeep with children sitting in the back of it, while he stood in the front seat and waved at people while driving through the Shawnee Old Days Parade.

That’s about as Kobach as Kobach gets.

kobach jeep (2)
Photo from the KC Star

Kobach is so afraid of immigrants and anyone whose skin tone is darker than his that he’s devoted pretty much his entire career to making it difficult for a significant portion of the population to just go about their daily lives or vote or take part in the civic process and so on and so on (you can google his various behaviors – there’s plenty of them and we won’t waste your time listing them here because if you live in Kansas, which you likely do, you know already).

Kobach also lets his fears of a changing world and losing power as a white man control him to the point that he carries a machine with him everywhere he goes and insists that other people be OK with that machine in literally every public place and probably most private ones. Even though this machine kills an average of 105 Americans every single day, at least 10 of whom are children just like the ones he potentially traumatized with his phallic ‘murica display of insensitivity at the Shawnee Old Days Parade.

(P.S. We won’t back down in the face of your literal gun or your outrageous culture.)

So basically, we aren’t shocked and dismayed by this because this has become normalized in our state and Kris Kobach is unfortunately not alone. There are dozens of (mostly) men in Kansas government who also let their fears drive them to carry machines designed with the purpose of killing other beings and let those fears push them towards creating policies that are objectively less safe for the public just because they make them feel more powerful.

So, yes Kris Kobach, if you’re reading this, we are mad at you. But we are more mad that 105 Americans are dying every day from machines that you think we need in our state. We are also mad that you are so insensitive that you think it’s appropriate to not only take a giant, replica machine gun to a community parade, but to support and promote policies that make it more likely for people to die from those machines in Kansas. Who raised you?

And to everyone else, please vote. Republican primaries are on August 7th. Voter registration is here. And yes, that’s Kris Kobach’s face on the voter registration page because for some reason, Kansas allows the person in charge of elections to run for governor while still in charge of elections. ¯\_(ツ)_/¯ (Hint: this is why it’s so important that you vote).

Concealed Carry Reciprocity, 18-year-old Concealed Carry, Arming Teachers, and Lower Concealed Carry License Fees = Dead!

Today the people of Kansas won and the NRA lost. Big time.

The bill legalizing concealed carry reciprocity and lowering the age of concealed carry to 18 (HB 2042) and the bill to arm Kansas teachers (HB 2789) are both officially dead today with the final adjournment of the Kansas Senate. Representative Blake Carpenter’s last minute amendment to lower the cost of concealed carry licenses in Kansas even failed today with the defeat of the tax bill. That’s three wins for Kansas and three losses for the gun lobby.

This was only possible because of each and every one of you who did your part to make sure that neither of those bad gun bills saw a final vote. Sincerely, thank you.

Today we celebrate and tomorrow we prepare. But for what you may ask?

Oh right, elections. 

Many races this fall 2018 election cycle will be contentious. We need to make sure that we never get this close to a dangerous gun bill passing in Kansas again. If we don’t change the make up of the Kansas legislature, we are in danger of this happening again next year.

Let’s not let it get to that point.

Please get to know the candidates. Do your research. Ask them the hard questions. Volunteer for someone’s campaign.

It will take hard work from many, many people. Just like stopping these bills did.

Nevertheless today proves something momentous:

It is possible to defeat the NRA and it is possible to defeat the NRA in Kansas.

We can win.

We can make Kansas a place with less gun violence.

And we can do it together.

Peace,

Fail Campus Carry

URGENT 4/7 ACTION ALERT

The Kansas Legislature is a lot hectic right now, but here’s the gist.

If they don’t pass school funding by midnight and formally adjourn, all bills not signed by the governor are dead – both good bills and bad bills.

The NRA is driving calls to Senator Majority Leader Jim Denning’s office urging them to pass HB 2042 – the concealed carry reciprocity bill that will also lower the age of concealed carry to 18 in Kansas with a permit (permits will won’t be required for 21+).

We need to counter what they are doing AND try to get the good bill, HB 2145 which will create restrictions on who can own guns, specifically convicted domestic abusers, signed into law by Governor Colyer. 

Please call Governor Colyer at 785-368-8500 and urge him to sign HB 2145. You can also contact him via the website here.

Then, call Senate Majority Leader Jim Denning at 785-296-2497 or email him at Jim.Denning@senate.ks.gov and urge him to leave HB 2042 alone and focus on adequately funding the schools.

Then call your senators and your representatives and urge them to adequately fund the schools and also stop HB 2042.

We need more money for education and fewer guns in Kansas.

Thank you all! Let’s get better gun laws in Kansas.

Guns and education don’t mix.

Dangerous gun bill leaves Kansas conference committee

UPDATE:

The House concurred to separate the bills, so now HB 2145 as it passed the Senate (restrictions on who can carry guns, silencers, and decriminalizing throwing stars) is going to the Governor’s desk. HB 2042- concealed carry reciprocity –  is still in conference committee, which will meet tomorrow morning (April 6th) at 8am. We will keep you posted.

What happened earlier:

The Federal and State Affairs Conference Committee combined a good gun bill, HB 2145, which prohibits certain people (like domestic abusers) from having guns, and a bad gun bill, HB 2042, which legalizes concealed carry reciprocity, into ONE BILL along with some bad amendments.

HB 2145 as the conference committee passed it did the following:

  • legalizes concealed carry reciprocity
  • allows 18-20 year olds to concealed carry with a permit
  • decriminalizes throwing stars
  • creates some restrictions on who can own guns (like convicted domestic abusers and people with restraining orders against them)

The House voted to concur with the original Senate version of HB 2145, so now it creates restrictions on who can own firearms, changes Kansas law regarding silencers, and decriminalizes throwing stars. 

HB 2042 – the concealed carry reciprocity bill – is now still in conference committee. The next conference committee meeting is April 6, 2018 at 8am. We’ll keep you updated.

Below, you’ll find our notes from all the conference committees on these bills.

Federal and State Affairs Conference Committee Meetings on Gun Bills

There were two gun bills in the Federal and State Affairs conference committee this week – HB 2042 and HB 2145.

Conference Committees are when three members of the House and three members of the Senate meet together and discuss the differences between their versions of a bill and then come up with a unified version. Conference Committees are notoriously last-minute, and meeting minutes are not officially taken at them. If you want to know what happened in a conference committee, the word on the street is that you have to be there. So we went!

The members of the Federal and State Affairs Conference Committee for 2018 are the chairs, vice-chairs, and ranking minority members of both the House Federal and State Affairs Committee and the Senate Federal and State Affairs Committee:

Below, you’ll find a recap of all the discussion on guns in the Federal and State Affairs conference committee meetings and a notice for when each meeting happened. We didn’t take notes on the amusement park bills or the alcohol bills because that’s beyond our scope.

March 26, 2018

4:00 pm

On March 26, 2018, there was a conference committee meeting on the gun bills, HB 2042 and HB 2145. Thursday the conference committee meeting will be rescheduled “can I get with you later and we’ll work out a time?”

They first discussed HB 2042, which is the bill that creates concealed carry reciprocity. In the House, it passed with two amendments—one lowering the age of concealed carry to 18, and one requiring permits for carrying guns on postsecondary educational institutions. The Senate Committee stripped the bill of those amendments and made a straight concealed carry reciprocity bill. Senator Faust-Goudeau asked a question about page 1 section C line 28, “Would that individual have to be 21?” The Revisor had to double-check, but said that he believed that if you’re from out of state, you can carry under reciprocity if you’re under 21 and from a state that allows people under 21 to carry, but that if you take up Kansas residence, you would have to get a Kansas license if this bill were to pass.

They then moved on to HB 2145, which prohibits certain people from carrying guns. This bill passed cleanly through the House with a 122-0 vote. In the Senate, two amendments were added—one of which concerned throwing stars and the other concerned suppressors and silencers. The dates the law would go into effect are also both different. You can read more about this bill here and here.

Barker asked whether the issue of silencers is in federal court right now, and Estes confirmed that according to the Attorney General, it’s currently in the 10th District Federal Court. Barker then asked if HB 2042 and HB 2145 could be married into a single bill so that “we could have a vehicle for some other issue we may have” because they would be on the same topic—guns. Faust Goudeau asked what discussion there was regarding throwing stars in the House, and Barker confirmed that it was not mentioned at all.

Senator Faust-Goudeau asked a question about page 1 section C line 28 in HB 2042 – would that individual have to be 21 for the language in C1 on 2042? Barker said if you’re from out of state, you could carry under reciprocity, but if you change status you could not. If you took up residence, you would have to get a Kansas if you’re eligible for a Kansas. Highland asked, “what about South Dakota?” Barker didn’t know.

 HB 2145 is the bill that makes it a crime for certain people to possess a firearm, like people convicted of domestic violence offenses. The effective dates were different in the House and Senate’s versions of the bill, and the Senate added two amendments to it. You can read more about that here.

Barker asked about suppressors, “is that not in litigation now in federal court?” Estes said that according to the Attorney General, it is in the 10th district of federal court. Barker also asked if HB 2042 and HB 2145 could be combined into one bill and then “we could have a vehicle for some other issue we may have”- they could be same subject.

Faust-Goudeau asked, “You mentioned about the throwing star. In the House, what was your discussion about?” Barker said they had none and it was never raised on the House side. He said they had other amendments, referring to the amendments lowering the age of concealed carry to 18 and requiring permits to concealed carry on college campuses, and the Senate took out those amendments. Senator Olson said, “These two amendments were put on in committee, is there a recorded vote on that?” Barker said he has them but it may not be recorded. Senator Olson asked if the House had any other House bills that they wanted to marry into these two. Barker mentioned the hearing on HB 2789 in the House Insurance Committee, chuckled and said “not suggesting we are moving today.” Faust-Goudeau asked about the bump stock issue. Barker said it was never raised in the House and he’s unsure whether it was raised in the Senate. Senator Estes said it was raised in committee. Ruiz asks for clarification on that. Representative Barker said, “we’ll discuss all 4 amendments and if we want to add them back.”  Senator Faust-Goudeau also said, “I don’t want a lot of things to weigh down the domestic violence and the clean bill.” Senator Olson wanted to discuss amendments before talking about “marriage-ing” the two bills. Barker said he carried the House bill and it had 122 votes with no amendments, so he understands the Senate’s concern.

The revisor said that HB 2042  section C1 is in conflict with another provision about criminal possession of a weapon.  Olson said that they need to wait and work the amendments and then if there’s other necessary statute.  The Revisor’s office says that we have a more specific criminal statute than general statute regarding age of carry. A person under 21 from a state with permits allowing carry under 21 would still be in violation of the criminal statute under HB 2042. Barker asked if that language was already there or later put in by the Attorney General. Faust-Goudeau mentioned former Representative Forrest Knox who had led the charge on these gun bills before he was voted out. She wanted to make sure there are no unintended consequences to this bill.  The Revisor said HB 2042 addresses reciprocity but it’s silent on the criminal statute. Ruiz asked if the language in the 3rd item fixes it. The Revisor said yes, that if you change the language from 21 to 18—yes. “There’s multiple ways you could address it,” he said. Faust-Goudeau said that she really wanted them to fix it, that law enforcement doesn’t know who the bad guy is, and she wanted to make sure it’s clear.  Barker agreed. Barker said they would get a few bills which will be “harmonized” with these bills. Then they moved to alcohol.

Thursday, March 29, 2018

8:00 am

They started the conference committee meeting at 8 am with discussion on alcohol bills. We’ll spare you the details of that, but we were definitely surrounded by a bunch of liquor industry lobbyists. They ended quickly and rescheduled it for 2:30pm, but did not say whether or not they would discuss the gun bills.

2:30 PM

Ranking Minority Member of the House was late to the conference committee meeting. Barker started by saying that they will talk about alcohol today, and maybe guns later but he wasn’t not sure yet. They didn’t talk about guns. Next meeting was scheduled for 8:30 am on Monday morning.

Monday April 2, 2018

8:30 am

They started with the amusement park bills, which they decided to move until the afternoon because someone wasn’t there who needed to be. Barker asked if they have a spreadsheet of all the gun bills on both sides yet. They decided to reconvene to discuss gun bills at 3:00 pm.

3:00 pm

The House was still in session discussing education funding, so the conference committee was postponed to 4:30 pm.

4:30 pm

They discussed the amusement park rides first.

Tuesday April 3, 2018

3:00 PM

They didn’t discuss any gun bills.

Wednesday April 4, 2018

3:00 PM

First, the conference committee started by finishing up other business. Then Representative Barker said, “Well gentlemen, let’s talk about guns.”

First, they talked about the differences between the Senate and House versions of both HB 2145 and HB 2042.

They started by discussing the amendments to HB 2145. The first was to decriminalize throwing stars. Senator Olson says the intent is to keep people from getting kicked out of school for just possessing one without criminal intent. The second amendment was to decriminalize silencers. Senator Estes said it’s in Federal Court right now. He mentioned the two men in Wichita who got in trouble with the FBI for manufacturing silencers in their garage. Senator Estes says that this amendment won’t actually help those men in Wichita. The Senate Amendment on silencers means that a suppressor used that was made in line with the 2nd Amendment possession act.

HB 2042 is the concealed carry reciprocity bill. The House made two amendments to that bill– one would require someone to have a license if they are under 21 to carry guns on campus. The other would allow public universities to prohibit guns carried by people who do not have a permit.

The Landwehr amendment is what allowed 18-20 year olds to carry with a license. The Arwen amendment requires permits to carry on college campuses and lowers the age to 18.

Representative Barker asked if there should be two bills or asked if they could combine them into one conference committee.  Senator Olson wanted to discuss the amendments. Senator Olson said he likes the Landwehr Amendment. They then discussed whether to combine these amendments.

They took a break to talk amongst themselves. Then they discussed what they could do with the suppressor amendments and the throwing star amendments.

Faust-Goudeau asked about the lowering the age of 18. Representative Highland said that other states have 18-year-olds that carry and Kansans would have to be older than 21 to carry while other people from other states would only have to be 18. Senator Estes said that 18-year-olds would be allowed to carry and that they go to war and vote, so they should be trusted with a gun.

Representative Barker said “Is there any agreement to combine these two bills into one bill?” They said they’ll think about this tonight and come back tomorrow.

Senator Faust-Goudeau said they have had 12 homicides in Wichita this year, and that she thinks we’re going down a major slippery slope. Then they closed for the day.

Thursday, April 5, 2018

8:00 am

Representative Barker said that it’s the House’s position to consolidate the two into one bill. Senator Olson said that he will concede to the House. Barker said that the House is unclear about what the federal courts will do on the silencer issue, so they want to take that out.

The Senate is OK with the Landwehr amendment, which lowers the age of concealed carry to 18.

Representative Barker said that the House is up for election, and he can only give an agreement to revisit the silencer issue next year acknowledging that.

The Senate and the House agreed to combine HB 2042 and HB 2145 into one bill numbered HB 2145 along with two amendments – one that decriminalizes throwing stars and the other that lowers the age of concealed carry to 18 with a permit.

They adjourned.

Bill to Arm Kansas Teachers Hearing: Complete Recap

The Kansas House Insurance Committee had a hearing on HB 2789, the bill to arm teachers, this morning at 8 am. Here’s the full audio of the hearing, but below you will find a full recap of what happened leading up to the hearing on HB 2789 and the hearing itself:

Leading up to the hearing

The bill was introduced on Wednesday, March 21st and a hearing wasn’t scheduled for it until Friday, March 23rd. The rules for submitting testimony in the Insurance Committee are sending a PDF and submitting 50 paper copies to the committee secretary at least 24 hours in advance of the hearing to be allowed to testify. Because the hearing was scheduled for Tuesday, March 27th at 8 am, that meant that all testimony had to be in by Monday morning at 8 am. The Insurance Committee usually meets later in the day, but they moved the hearing to 8am. That, combined with the quick turnaround date for getting testimony in, was likely an intentional effort to keep Kansas educators from testifying.

Representative Brett Parker sent out a petition and started gathering testimony for the hearing and was kind to print copies of testimony for folks wanting to participate:

Thankfully, the committee secretary extended the deadline to submit hard copies of the testimony until 11 am on Monday morning. It took 7 people and multiple tables to organize over 15,000 pages of testimony received.

This is what the stack of opposition testimony handed to each Representative looked like:

The Hearing Itself

Originally, the hearing was scheduled to be in Room 281-N, but they moved it to 112-N on Monday afternoon because it’s a bigger room. Chairman Vickrey said he would give 30 minutes for proponents, time for questions, then 30 minutes for opponents followed by questions, however  he gave more time per person to the proponents of the bill and did not allow multiple people on the opponent conferee list to testify.

Representative Blake Carpenter Testimony

The first conferee was Representative Blake Carpenter. He proposed 2 amendments to the bill:

  1. The removal of the negligence presumption portion, because he wants to go into effect as soon as possible.
  2. Changing the actuarial principles portion of the bill because the insurance companies can say whether they want to provide coverage or not and it’s an overreach.

He argued, “It is not if our kids will be killed, it’s when our kids will be killed” before insisting that there is plenty of training along with the bill without specifying what that training would be. Then, he quoted this scene from the movie American Sniper completely unironically:

Senator Ty Masterson Testimony

Senator Ty Masterson, who has not taken money from the NRA but has used a portion of his campaign contributions to pay for his NRA membership, testified next. He said, “This bill does not militarize our teachers” and that “that’s just wrong.” He said that most shootings happen in gun free zones and we make our kids soft targets, and that it would be OK if nobody carried, but everybody believed that they did. He argued that this bill seeks to train teachers and create “meaningful safety plans for our kids.” He then mentioned the insurance piece and said that it’s in this committee because of that. He argued that the actuarial rates should be lower because there will be guns in the schools instead of higher, citing the false assumption that guns make people safer.

Jason Watkins, Kansas State Rifle Association Testimony

Next, Jason Watkins with the Kansas State Rifle Association testified in favor of the bill. They see the bill as “a common sense enhancement to a common sense law that protects our teachers and students.” He brought up that it’s already state law that we are allowed to arm teachers. He also wants to amend the presumption of negligence on a school district and concedes that’s “probably a bridge too far.” He cited K.S.A. 75-7c10, which is the Kansas law that allows Kansas teachers to carry now at the discretion of the school board. He said that 10 states allow school staff to carry guns and 7 states are currently considering this legislation. He also said that this has been law for years, without incident. He did not mention the fact that no school boards have elected to allow teachers to carry because the insurance companies refused to cover them if they allowed guns in school. He then quoted a parent who told him that she feels safer with guns near her children.

Joseph Clay, Wichita Math Teacher Testimony

Joseph Clay, a math teacher at Southeast High School, a part of Wichita Public Schools, and an Iraq war veteran wants to carry a gun into his math class. Speaking in the memory his fellow servicemen who have died protecting the United States, Mr. Clay said that “violence and coercion are plaguing our children where they should feel the safest, their school.” He says that as a parent and as a teacher, he fully supports this bill and “dispose the notion that concealed carry is not the answer. He “believes that it’s the best solution.” He also said that “it’s not a matter of if, but a matter of when we’ll pack the graves with students.” He says it would be his “honor and duty” to protect the children it’s his job to educate. He said his words were spoken from a place from concern and knowledge of what it’s like to “stand down an aggressor” and insisted that our children are not safe here on campuses in Kansas. He mentioned some of his own kids, and said one of them has a “temper like his daddy.”

Ken Grommet Testimony

Ken Grommet was in the Marine Corps and spent 25 years in the Derby police force. He stated that he was asked to speak about this because what “we are doing now is not enough” and he’s qualified to speak to this issue. He said school resource officers in schools have not worked. Locks, barriers, and systems like that have not worked.  In Kansas, he argued, we do “a better job of guarding dirt than guarding our kids.” He admitted he didn’t understand why we would say that we don’t want staff members to be armed, and that a couple of private schools in Wichita have already armed their teachers. He said that we need layers of security, and arming teachers can be one of those layers.

There was also written proponent testimony submitted. We have heard that there were a total of 9 written and oral testimonies on the proponent side, but we will confirm those numbers once they are actually all officially accounted for and make it easy for you to access all the written testimony, since the Kansas Legislature website is very difficult to navigate.

Questions for the Proponents

Hawkin’s Question of Senator Masterson

Representative Hawkins asked Sen Masterson whether the insurance portion of the bill is right. Hawkins said that many of the insurance carriers for our schools are regional and not national, and that we are kind of insulated in the Midwest. Masterson, who has never actually had any actuarial training or worked in the insurance business as far as we know, said that insurance carriers “have a problem understanding the risk.”  Senator Masterson said he is okay with any amendment that would provide the right solution because he wants “sound actuarial data.” He said he is also okay with amending the presumption of negligence portion in order to remove the “disincentive” from the insurance perspective.

Parker’s Question of Ken Grommet

Representative Parker then asked Mr. Grommet: “if school resource officers haven’t prevented school shootings, why should we expect a history teacher?” Grommet responded that it takes a long time to for police to get to schools during a school shooting. Parker then asked why it’s qualitatively different if a teacher has a gun as opposed to a school resource officer. Grommet said that it’s because teachers are there every day. Joseph Clay then spoke out of turn and said that his school is about half a mile long and there’s only one resource officer, that the school resource officers are only carrying batons and mace, and that he doesn’t understand what they are supposed to do with that to fight against an active shooter.

Neighbor’s Question of Joseph Clay

Representative Neighbor then asked Joseph Clay, “You were in the military, correct? When you were trained, there are a couple of rules when you’re military personnel. You’re not allowed to carry guns on base, correct?” He said that guns are kept in armory, but they are allowed to get them when there’s an issue. Neighbor responded that a handgun is not equipped to go against an AR-15. Clay replied that “it is in the hands of an armed professional.” Neighbor said that military personnel undergo mental health evaluations and she doesn’t see one in this bill. Neighbor said that she doesn’t think this is a good idea.

Neighbor’s Question of Senator Masterson

Neighbor then asked this question of Senator Masterson: “when you look at liability insurance, how many companies are willing to provide liability insurance to schools?” Masterson didn’t know. Neighbor said “Two.” She said that they can deny to cover schools and that there really isn’t the availability. Masterson said that’s a false assumption and that insurance is there to make money and that if you have a client, you will find a carrier. He also mentioned other states. Neighbor said that different states have different gun laws that we do and that “we are not Texas.” Masterson repeated a line he said earlier about how we “have a culture that creates soft targets.”

Question of Ken Grommet

Another representative asked Ken Grommet, “how many of the teachers who are looking for a SAFER schools endorsement would you pass?” Grommet said, “all of them if they fit the qualifications.” He said that they would provide basic training for them, bring them up to where they could be very proficient with the firearm. He’s asking teachers to volunteer and that “we’re not arming everybody.” He said that we have a lot of teachers who teach shooting sports and that they are “better than I am.”

Hodge’s Question of Joseph Clay

Representative Hodge then asked Joseph Clay about his image of the “pile of students” that he mentioned in his earlier testimony and that he wanted to look at the Ft. Hood massacre. Hodge said that at a military base, there’s lots of trained people and lots of weapons. “How did that happen?” Hodge asked. Clay said he can’t speak for Ft. Hood because he served at a different base. Hodge then replied that it looks like guns everywhere was tried at Ft. Hood and that everyone was a soldier there, but we had that many people massacred there. “How does your solution work when we’ve already seen what happened at Ft. Hood in 2009?” Clay then apologized for getting a little aggressive when responding to Representative Neighbor’s question earlier. He said that kids have done nothing, but the people at Ft. Hood were adults who chose to do that work. Clay then said “Massacres are going to happen, do we get to stop those deaths from happening? I for one am going to get the students out. We’ve had 2 threats this year.” He said “I’m going to get the students out, then I’m going to take things into my own hands.” Representative Dove, who left his gun on the floor of a committee room in 2017, said that Ft. Hood is a “gun free zone.”

Cox’s Question of Jason Watkins

Representative Cox then asked three questions of Mr. Watkins from the Kansas State Rifle Association: “Do you know how many school shootings have happened in Kansas?” and “If we’ve had this policy [Kansas has allowed teachers to be armed since 2013], why it spread?” and “do we actually create an increased risk of misfires?” Mr. Watkins said he went to Goddard Elementary School and then transferred to Valley Center. Right after he transferred, there was a shooting at Goddard. He admitted that “of course opportunities for mishaps increase when there are more guns, just like more auto accidents are possible when there’s more cars on the road.” He said that a couple of weeks ago in California, a teacher in a district without guns allowed brought a gun to class and showed the students how to clean a gun. That person was a trained law enforcement officer. He said that we are not able to point to any incidents with teachers that concealed carry since 2007.

Finney’s Question of Jason Watkins

Representative Finney then mentioned that there’s already a shortage of teachers in Kansas and that we may actually lose teachers as a result of this law. She asks Mr. Watkins if there will be an exodus of teachers because of this. He said he’s not aware of any teachers who have quit because of this since 2013. He said that it should make people feel better because there’s provisions for training. He said that there’s also provisions in the bill to create a safety plan with local law enforcement. He also said, “there needs to be more of those conversations and all of us need to sit down and try to remove the emotion from what is clearly a very emotional issue.”

Opponent Testimony

The first opponent was Mark Desetti from the Kansas National Education Association (KNEA). He said that KNEA is strongly opposed to this legislation. He also said that it only took 6 minutes for the Parkland shooter to kill all of those people. He said that when he was a teacher for 13 years, they did many earthquake drills. He said that his job during those drills was to keep kids from panicking and trying to keep them from being out from under their desks. He said that it’s “not an easy thing” to keep kids safe during a drill, and that’s his first thing to keep the kids safe. He then said that the next thing he should do under this bill is get his gun. He said that it’s probably going to be someplace not on his person, he’ll have to go to his gun safe, make sure it’s loaded, get the safety off, all while continuing to yell at the kids to stay where they should be, and probably going up against a shooter with an AR-15 and a bump stock, and that he’s going to be dead, away from his students. He then said, “Don’t expect me as a teacher to save the day. I’m not a superhero.” He said his son, a serviceman, was not armed with a handgun in the military, he was in an armored vehicle. Desetti returned to his scenario, stating that he’s now dead in the hall and he’s going to get his name engraved on the memorial to fallen educators in Emporia, Kansas and that they will have to add more tablets to that memorial to fit all the names. He then mentioned the school shootings in Jonesboro, Arkansas and Stockton, California. He said, “Why are we OK that massacres are going to happen? What are we going to do? There are things we can do to prevent massacres. We should look at real things.” He then brought up the idea that the “teacher would volunteer.” He said that Representative Carpenter said the school board would decide. What if the school board decides there will be a teacher with a gun in every grade level and said “Mark, we need a 4th grade teacher” and “because we have no job protections in Kansas, I get fired for not carrying a gun in my classroom.” He also mentioned how Scotland and Australia both lowered their rates of gun violence.

Rick Atha, Superintendent of Shawnee Mission School District Testimony

Rick Atha stood on behalf of the Shawnee Mission School District. He said that they are opposed to the idea of a special endorsement that would allow staff to carry a concealed weapon in their schools. He also opposed Section 15c2 which threatens school districts if they fail to arm their teachers. He said that teachers and students must feel safe. He said in the Shawnee Mission School District, they instituted a state of the art safety plan, without arming staff or the threat of this legislation. He then said, “Arming teachers is not the answer.” He quotes a teacher, “adding guns to our schools creates more opportunities for them to be in the hands of students.” He believes that they are providing all the protection available while focusing on their purpose- teaching and educating the children. He said that the Board of Education is opposed to it, that his administration is firmly opposed to it, and that their teachers are opposed to it.

Mark Tallman, Kansas Association of School Boards Testimony

Mark Tallman, of the Kansas Association of School Boards, said that this is the first time in 30 years he’s ever been in front of the Insurance Committee. He said his primary reason for opposing this bill is the negligence clause. He doesn’t think the state should be involved in pushing this in one direction or another. He said, “sections 1-3 and 7 in this bill are very similar to HB 2773. We appreciate the way that was amended” and he said they want them to use the language in HB 2773. He also said that their membership have not considered what is in New Section 5, which deals with the creation of the SAFER endorsement on the concealed carry license, so they are neutral on that. Of New Section 6, which concerns insurance rates, Tallman stated their primary concern was that “there must be some reason” that insurance companies don’t want to provide this insurance and KSAB is concerned about who would provide liability insurance to schools. There are only 2 or 3 insurance companies providing this kind of coverage and if one were to leave that market it would make it less competitive.

David Smith, Kansas City Kansas Public Schools Testimony

First, Chief Horn was called up, but David Smith of Kansas City Kansas Public Schools took the stand. He said that he frequently gets asked by reporters how they determine when to close schools for inclement weather. He said that they have to answer 2 questions for inclement weather: “Can we insure our students get there safely?” and “Can we get them home safely?” It’s only when they can answer both of those questions that they have school.  He said that their board has been active and have made sure that they have the ability to respond to situations to keep the kids safe.  He said they passed a bond issue in November 2016, and as part of that, they are upgrading the security of every single building in the district. He said they also put into place the standard response protocol. He said one of the parents of a child killed in the Columbine Shooting created the I Love U Guys Foundation, which created the standard response protocol.  He said they have created resources and research with regard to school safety, and they have many different responses. He then explained lock out and lock down procedures. He said for a lock out, they lock the doors so no one can get in or out and continue with their day. For a lock down, there are locks on every door and they do “lights, locked, out of sight.” When the situation is over, they do not open the doors. It will be opened by someone with a key, and everyone in the school understands that. The local police know that. Smith said they practice this, it’s very clear, and the thing they worry most about is somebody not following that standard response protocol. He said that they have very strict protocols that they follow and that they do it to insure everyone is safe.

Nikki McDonald, Olathe Public Education Network Testimony

Nikki McDonald, executive director of the Olathe Public Education Network,  gave testimony on behalf of that organization. She is a former first grade and English as a second language teacher. She’s a current stay at home mom, and has fallen into an organizing role. She said that this bill got her off her couch and spurred her to action. She went to the March for Our Lives in Kansas City, Missouri. She heard students and teachers who said, “please listen to us.” She said that many teachers were not able to come today because they are teaching at 8 am on a Tuesday. She said that as a teacher, she wouldn’t be comfortable teaching with this, and that having guns would not make them more safe. She said our students are having crises and there are not resources available to the degree that there should be.  “Please don’t ask more of our teachers,” she pleaded of the Insurance Committee. She said that in Olathe they have the ALICE protocol, there are drills and room for improvement, but districts are already doing the things that need to be done. She also mentioned Joseph Clay’s comment that his son has “a temper like his daddy.” That comment gave her “serious pause.” Before closing her testimony, she added, “you can’t be pro-business and punitive like this” regarding the insurance issue.

Lesa Patterson-Kinsey, Mainstream Coalition Testimony

Lesa Patterson-Kinsey spoke on behalf of Mainstream Coalition, who also opposes the passage of this bill. She said that students have made their opinions clear this past weekend, alluding to the March for Our Lives. She said that more guns does not reduce gun violence and that Mainstream Coalition urges the legislature to enact common sense gun legislation. “Help our children, don’t imprison them in their school buildings,” she said.

Joella Hoye, Moms Demand Action Testimony

Joella Hoye, Kansas chapter leader for Moms Demand Action, also opposed this bill. She said that she was there to share her experience during a lockdown with 40 kindergartners. She volunteers in her son’s classroom every week, and happened to be there during a lockdown one afternoon. She said that she placed herself against the inside door of the storage closet hiding the students. She said the teachers did everything right, and the kids were kept quiet and calm by doing silent hand motions together and they all knew what to do. She said she had to do the motions too. She barricaded herself against the door in order to hopefully block bullets from students in case something was actually going to happen, and she thought that at least she was there with her son. She said that it ended up being a prank, and there was no actual threat, but her fear was real and seeing those children’s faces in fear was real and this is far too common in our country. She closed by saying that we should be here to talk about sensible legislation, and not about arming our teachers.

Rabbi Moti Rieber, Kansas Interfaith Action Testimony

Rabbi Moti Rieber said that Kansas Interfaith Action represents many religious denominations, and that they all decry the loosening of gun laws. He said he believes that this bill addresses a symptom and not the larger problem in our society. He also said we do have solutions to school shootings: universal background checks, banning assault weapons, and red flag laws. He then said, “the legislature’s response to gun violence is more guns, and that’s a mistake and causes the problem it intends to solve.” He said that since 2010, the legislature has forced guns into libraries and college campuses and is now trying to force guns into K-12 schools. He closed by stating, “the definition of insanity is doing the same thing over and over again and expecting a different result. This is insane. This is doing it again and expecting a different result. Facts not politics, people are saying, ‘facts not politics.’ More guns equals more gun violence, and that is fact, not politics.”

Ruth Ann Hodgsen Testimony

Ruth Ann Hodgsen is an attorney and a mother of a kid at a Kansas City Kansas school district. She said that as an attorney, who reads legislation as her job, will explain why this bill is very bad public policy. She said that while this bill is styled as a matter of choice, this bill will not provide much choice. She said that she understands that our schools have different demands and community resources. She said it really should be a community by community choice. She said as it stands now, this is a mandate for a one-sized fits all approach. She said that the draconian notion of the negligence clause would mean districts would have little choice to offer employees to carry concealed firearms. “This is not choice. This is coercion.” She said that school districts would have no ability to choose who is armed in a school district, The act provides that any employee who has obtained this endorsement shall be authorized to carry a gun. She said that in Texas, school boards have control over who would be armed. Here, Kansas would have no say over who could carry, they couldn’t screen which employees. They would have absolutely no control over who could carry. She mentions the amount of training that police officers require. She said that as it stands now, this bill only requires 1 8-hour training session every 4 years. She said that the bill does not contain mandates on what requirements would be required of the Attorney General. She said that this bill should be contrasted to Texas law, which has much more stringent requirements than this law. She said that Texas law requires firearms be kept in lockboxes unless it’s an active shooter situation. She said that it doesn’t provide any methods for revoking a license. She said that the school district would have no means to keep a teacher from continuing to carry a gun to school, even after using it to threaten a student.

Jennifer Bowles Testimony

Jennifer Bowles, Shawnee Mission School District mom and attorney in Lenexa, testified on behalf of a Shawnee Mission School District-related PAC, said that people overwhelmingly do not support arming teachers and that teachers will leave the state over this law . She urged the committee to oppose the bill.

Megan Peters, Parent Testimony

Megan Peters, parent to 2 elementary school children in the Shawnee Mission School district said that Shawnee Mission held a forum on guns for teachers, parents, students and community members. She said a teacher, David Mohammed stated that if he has to patrol around with a gun that he’ll no longer be an effective teacher. She refers to the negligence clause mentioned by other conferees, and that the school would be liable if they don’t arm their teachers. She feels that the bill is a horrible idea  and stated that she opposes this bill.

Nick Diegel, Parent Testimony

Nick Diegel, parent of a Blue Valley student, said that about gun safety, research shows that guns in the presence of children triples of the risk of suicide and doubles the risk of homicide. He stated, “that not acceptable in our schools.” He said that the way this is written that it seems like an attempt to get kids out of public school. He thinks it’s an attempt to get parents to say they will home school or leave Kansas. He said that another part that concerns him is the section that would make the list of teachers confidential. It would give a misdemeanor offense for encouraging the disclosure of which teachers are carrying, and said he’ll “strap his civil disobedience boots on and stand in front of the Board every day to find out which of his kids teachers are carrying and wait to see if he gets charged with a misdemeanor. He also alluded to Representative Dove, a member of the committee who left his gun in a committee room in 2017, before closing.

Emily Votiker, Parent Testimony

Emily Votiker is a parent of a student and a current secretary at a Lawrence school. She said that it’s safe to say that her family might leave the state of Kansas. She understands that concealed carry is already a law in Kansas and that doesn’t mean she agrees with it. She said she sees very few people who are actually in classrooms and schools during active shooter drills. She implores them to listen to our students, teachers, educators. She says she “gets a little worked up maybe because you guys should be talking to educators” and said that it’s “very sneaky” that they snuck this bill in.

Tonya Boyd, Mother and Grandmother Testimony

Tonya Boyd told the story of her daughter who was murdered with a gun and left behind two children. She said that her two-year-old granddaughter would follow her around to every room because she “didn’t want [her] to leave her like her mom did and never come back.” She said it’s been really hard raising her with the issues that she has. “We cannot go out in a public place where there’s people who are carrying guns.” She said that they were at Cici’s Pizza and there was a guy who had a gun and her granddaughter was very concerned about it and wanted to leave. She also recalled another time where her granddaughter came home from school and said “I don’t want to ever go back to that school again” because “somebody is going to come into my school and shoot me.” Her granddaughter told her that she was told at school to throw books and pencils at a teacher. Ms. Boyd said that she told her that she should lay down and act dead. She said she would take her grandchildren out of school if they pass this bill and she doesn’t want to subject her granddaughter to trauma every time she goes to school.

Chairman Vickrey mentioned that there was a lot of written testimony on the bill, then shifted to questions.

Questions of the Opponents

Corbet’s question of Mr. Tallman

Rep. Corbet then asked of Mr. Tallman from the KSAB, “Would you be open to maybe doing some type of firearms education in public schools?” like the Eddie Eagle program. Tallman said that they are supportive of the provision that allows the schools to follow guidelines for firearms education, but they want local control of that.

Corbet’s question of Ruth Ann

Representative Corbet asked, “if this bill was changed to be more like the Texas model, would you be more inclined to support it?” Ruth Ann said that if you are going to pass anything, it should have more requirements like the Texas model.

Eplee’s Question of Mark Desetti

Representative Eplee asked Mark Desetti of the KNEA, “On connecting the dots on coercing teachers to carry, I hadn’t considered that before, so that’s interesting. If we removed the section on presumption of negligence, would that do anything about the coercion piece?” Desetti said that’s a separate provision. Desetti said that he sees the negligence clause forces school boards to be guilty until proven innocent for negligence because they don’t have guns. Eplee asked, “if the negligence piece is taken out, will it diminish the coerciveness?” Desetti said no.

Cox’s question for Dr. Atha

Cox said that they heard a lot today about solutions, “not-solutions” and mental health. He said he thinks they’ve lost more students to suicide in the last year than school shootings in the last 100. He asked about funding for mental health and counseling for students in our public schools. Atha said that the growing mental health issues facing the state of Kansas are growing and increasing dramatically. He said that the state has had to make several cuts to school districts and that some of those cuts have fallen in the area of mental health and counseling. He said that he thinks if some of the funding was earmarked for counselors. If they put a counselor in all of their elementary schools, it would cost 2.3 million dollars. He said they are short 10 social workers in elementary buildings, and it would cost them $680,000 to have social workers in every building in Shawnee Mission schools.

Parker’s question for Dr. Atha or David Smith

Representative Parker asked either Dr. Atha or David Smith, both of the conferees representing school districts, “what would you think would happen if there were a shooting and law enforcement came but there were teachers, adults with guns, when law enforcement arrives?” David Smith said that according to their response protocol, law enforcement expect to see no one not behind a locked door and it could open the door for a serious accident.

Powell’s question for Rabbi Moti Rieber

Representative Powell asked Rabbi Moti Rieber, “You had mentioned the definition of insanity talking about more guns and more violence, but I would like to ask you a question. Do you know what’s in common from 1950 to today with regard to mass shootings, over 98% have one thing in common, would you like to know what they’ve had in common?” Rabbi Moti Rieber said he’s heard this talking point before and that it’s a false talking point. He said he’ll speak with him later, but that 98% talking point is false. Representative Powell said that it’s not false and that it’s ignorant and more than ignorant to ignore “gun free zones” and “soft targets.” Representative Powell said there have been no issues with guns in schools. He said that “coercion or force teachers into this, but it’s voluntary

Bishop’s questions for Mark Desetti

Representative Bishop said “Public school teachers are not sheep . . . do you believe that school teachers really need to stay with their students when there’s a lockdown situation or any kind of threat?” Mark Desetti said he absolutely believes that and that his commitment as a teacher is to stay with the students and keep them calm and safe. He says his kids don’t need him to walk away from them at that time, they need him to be “their rock.” Bishop asked a second question, “Do you believe we need more training for teachers to be able to do that? Perhaps more training to recognize issues with students?” Desetti said his organization has supported every bill to train teachers to spot red flags and mental health issues. They absolutely believe in teacher training, and that they also believe “it is critically important to sufficiently staff schools with counselors and social workers.” He said that there’s a lot of stress in this world and they would like to increase dramatically the number of counselors and social workers in schools in order to get children the help they need.

Hodge’s questions of Mark Desetti and Mark Tallman

Hodge asked Mark Desetti and Mark Tallman, “what are your intentions as far as negotiating salary for someone who gets this supplemental? Is this a $40,000 a year job?” Tallman said that he may disagree with Desetti, but if being armed is not part of your regular duty and assignments, this arguably would be considered a supplemental contract and that they would be expected to pay teachers to do that and that this bill doesn’t speak to that at all and this would be charting new ground if this did happen. Tallman said, “Wouldn’t you agree?” Desetti made a sound and then said, “I want to make a point very, very clear. We don’t want to be paid to carry guns. We want to be paid to teach. That’s what we really want,” drawing applause from the audience. He said “the bottom line is Kansas teachers are among the worst paid teachers in the United States right now. Let’s pay teachers to teach and let our school resource officers, school district police officers handle security. let’s back a bill like 2773 that does address security issues, security plans and safety plans, but let’s let teachers teach and let’s pay them to do it. Hodge said, “I agree with you but unfortunately I’m not sure the entire body of the House would.”

Denial of Conferee Testimony

Chair Vickrey said, “This will close our hearing on House Bill 2789.  Sorry, we’re out of time and the House session starts at 10.” Megan Jones then went to the stand and said, “Quickly, I was not given the opportunity to testify and I’m on the list,” as the microphone was turned off and the committee started leaving the room.

The House Session

Right after the hearing, they discussed the other bill, HB 2773 on the House floor and there were several amendment attempts. We will address this in another post to be published tomorrow. Please stay tuned as there are likely to be many updates on these bills and other gun bills this week.

Could you get a misdemeanor for asking if your child’s teacher is armed? Maybe

The Kansas House Insurance Committee will hear a bill to arm teachers and other school employees on Tuesday, March 27th at 8am in the Kansas Statehouse. This bill does a lot more than just equipping lunch ladies with guns and potentially adding a handgun to a teacher’s school supply list. It may also end up making disclosing or “encouraging disclosure of” the school employees that are carrying a class C misdemeanor offense.

A Class C Misdemeanor offense is punishable by up to a month in jail and a fine of up to $500.

Here’s the section of the bill in question, Section 5(b):  

“Any individual, association, partnership, corporation or other entity that willfully or knowingly discloses, permits or encourages disclosure of such confidential information [in this case, the identities or personal information of the employees carrying guns at school] shall be guilty of a class C misdemeanor”

What does this mean for us?

Is a parent who demands to know if their child’s teacher armed guilty of a misdemeanor?

Is a student who warns other students that a teacher is packing heat guilty of a misdemeanor?

Would we, Fail Campus Carry, be guilty of a misdemeanor for thinking this is a horrible idea and saying as much?

What do you have to say for it to be considered “encouraging disclosure”?

We shouldn’t be arming school employees to begin with, but if they are to have guns, people deserve to know which ones are. If a parent doesn’t want their kid in a classroom with a teacher who’s carrying a gun, they should be able to request that they be put in a different classroom without facing potential jail time. 

What can we do about this?

Please attend the hearing tomorrow, Tuesday, March 27th at 8am in Room 281-N in the Kansas Statehouse. Also, please contact the members the House Insurance Committee and tell them why you oppose this bill. We will keep you updated.

House Insurance Committee

Chair Rep. Jene Vickrey

Phone: 785-296-7748
Email: jene.vickrey@house.ks.gov

Vice-Chair Rep. Willie Dove

Phone: 785 296-7677
Email: willie.dove@house.ks.gov

Ranking Minority Leader Rep. Cindy Neighbor

Phone: 785 296-7690
Email: Cindy.Neighbor@house.ks.gov

Rep. Elizabeth Bishop

Phone: 785 296-5016
Email: Elizabeth.Bishop@house.ks.gov

Rep. Ken Corbet

Phone: 785 296-7679
Email: ken.corbet@house.ks.gov

Rep. Tom Cox

Phone: 785 296-7331
Email: Tom.Cox@house.ks.gov

Rep. Roger Elliott

Phone: 785 296-7476
Email: Roger.Elliott@house.ks.gov

Rep. John Eplee

Phone: 785 296-8621
Email: John.Eplee@house.ks.gov

Rep. Gail Finney

Phone: 785 296-7649
Email: gail.finney@house.ks.gov

Rep. Daniel Hawkins

Phone: 785 296-7631
Email: dan.hawkins@house.ks.gov

Rep. Tim Hodge

Phone: 785 296-2361
Email: Tim.Hodge@house.ks.gov

Rep. Jim Kelly

Phone: 785 296-6014
Email: jim.kelly@house.ks.gov

Rep. Boyd Orr

Phone: 785 296-7392
Email: Boyd.Orr@house.ks.gov

Rep. Brett Parker

Phone: 785 296-5413
Email: Brett.Parker@house.ks.gov

Rep. Randy Powell

Phone: 785-296-5593
Email: randy.powell@house.ks.gov

Rep. Adam Smith

Phone: 785 296-0715
Email: Adam.Smith@house.ks.gov

Rep. Frank Trimboli

Phone: 785-296-7654
Email: frank.trimboli@house.ks.gov

 

Kansas Might Force Insurance Agencies to Cover Teachers Carrying Guns

The Kansas House Insurance Committee will have a hearing on a bill arming Kansas teachers on Tuesday March 27, 2018. This bill, HB 2789, does a lot of things, so we took the 28-page bill and broke it down and let you know which parts to pay attention to. The section requiring insurance companies to cover schools allowing employees to carry guns is such an important part of the story of arming teachers in Kansas, that we thought it deserved its own post.

Insurance Mandate

If HB 2789 or its Senate equivalent SB 434 passes, insurance companies will be prohibited from charging “unfair discriminatory premiums, policy fees or rates” or refusing to provide insurance coverage to a school district because that school district allows their employees to concealed carry guns on the premises. This means that insurance companies will be forced to absorb the extra costs associated with allowing teachers and other school staff to carry guns at school. Here’s the full text of Section 6:

New Sec. 6. (a) No insurance company shall charge unfair discriminatory premiums, policy fees or rates for, or refuse to provide, any policy or contract of real or personal property insurance, liability insurance or policy containing liability coverage for any unified school district solely because such school district authorizes employees of such school district to carry concealed handguns on the premises of schools and attendance centers operated by such school district, unless the rate differential, or refusal to provide, is based on sound actuarial principles or is related to actual or reasonably anticipated experience. No insurance company shall unfairly discriminate in the payments of dividends, other benefits payable under a policy, or in any of the terms and conditions of such policy or contract solely because the school district that is the owner of the policy or contract authorizes employees of such school district to carry concealed handguns on the premises of schools and attendance centers operated by such school district, unless the difference is based on sound actuarial principles or is related to actual or reasonably anticipated experience. (b) Enforcement of the provisions of this section shall be in accordance with article 24 of chapter 40 of the Kansas Statutes Annotated, and amendments thereto.

The writers of this bill likely included this section in response to what happened in 2013, when Kansas first passed a law allowing teachers to carry guns at school. That 2013 law was part of a wave of legislation to arm teachers reacting to the Sandy Hook massacre that took the lives of 26 people, including 20 young children.

This current bill is a reaction to the February 14th shooting at the Marjorie Stoneman Douglas High School, in which 17 people were murdered with an AR-15. After lawmakers expressed their thoughts and prayers for the victims during the House session on February 22nd, Republicans announced that they would come up with a more “comprehensive school safety plan.”

In 2013, EMC Insurance, which covered 90% of Kansas schools, recognized the heightened liability risk of allowing guns at school and told their agents that they would no longer cover schools that allow their employees to concealed carry.
[pdf-embedder url=”https://failcampuscarry.com/wp-content/uploads/2018/03/new061913gunsinsurance.pdf”]

The other two insurance carriers also stated that they would no longer cover schools allowing guns in 2013.

In part because of this potential loss of insurance coverage, Kansas school boards did not allow teachers to concealed carry guns at school. This is the only reason why we currently do not have teachers allowed to carry hidden, loaded handguns at our schools in Kansas. This bill would change that, forcing insurance companies to provide these schools with insurance.

The bill forbids “discriminatory” premiums, but it is unclear what exactly would be considered discriminatory. Because some Kansas lawmakers have attempted to pass bills to make carrying a gun a protected class, like race or religion, it is possible that this could be interpreted to mean that they can’t deny coverage or raise rates based on the presence of a gun period if they are successful in passing such a law.

Additionally, this bill will remove all personal injury and property damage liability from law enforcement officers for anything that they may do as a result of the requirements in the bill, and will require that their court costs and attorney fees be paid. Who will absorb that cost?

What you can do

This insurance mandate is just one of many problems with this bill. Please attend the hearing on HB 2789 on Tuesday at 8am in Room 281-N at the Kansas Statehouse and contact the House Insurance Committee.

Here’s the contact information for the Kansas House Insurance Committee:

Chair Rep. Jene Vickrey

Phone: 785-296-7748
Email: jene.vickrey@house.ks.gov

Vice-Chair Rep. Willie Dove

Phone: 785 296-7677
Email: willie.dove@house.ks.gov

Ranking Minority Leader Rep. Cindy Neighbor

Phone: 785 296-7690
Email: Cindy.Neighbor@house.ks.gov

Rep. Elizabeth Bishop

Phone: 785 296-5016
Email: Elizabeth.Bishop@house.ks.gov

Rep. Ken Corbet

Phone: 785 296-7679
Email: ken.corbet@house.ks.gov

Rep. Tom Cox

Phone: 785 296-7331
Email: Tom.Cox@house.ks.gov

Rep. Roger Elliott

Phone: 785 296-7476
Email: Roger.Elliott@house.ks.gov

Rep. John Eplee

Phone: 785 296-8621
Email: John.Eplee@house.ks.gov

Rep. Gail Finney

Phone: 785 296-7649
Email: gail.finney@house.ks.gov

Rep. Daniel Hawkins

Phone: 785 296-7631
Email: dan.hawkins@house.ks.gov

Rep. Tim Hodge

Phone: 785 296-2361
Email: Tim.Hodge@house.ks.gov

Rep. Jim Kelly

Phone: 785 296-6014
Email: jim.kelly@house.ks.gov

Rep. Boyd Orr

Phone: 785 296-7392
Email: Boyd.Orr@house.ks.gov

Rep. Brett Parker

Phone: 785 296-5413
Email: Brett.Parker@house.ks.gov

Rep. Randy Powell

Phone: 785-296-5593
Email: randy.powell@house.ks.gov

Rep. Adam Smith

Phone: 785 296-0715
Email: Adam.Smith@house.ks.gov

Rep. Frank Trimboli

Phone: 785-296-7654
Email: frank.trimboli@house.ks.gov

We’ll be posting more information about this bill and updates as we get them.

 

Kansas Might Arm Teachers: Breakdown of HB 2789

Kansas has introduced two bills to arm teachers in public schools and make those school buildings look more like prisons with the institution of more security measures, like metal detectors and video cameras.

On Wednesday March 21, 2018 two identical bills were introduced into the House and Senate — SB 454 and HB 2789, and a hearing has already been scheduled for HB 2789 on Tuesday, March 27th at 8:00am in Room 112-N (they moved to this room because it’s larger than 281-N) at the Statehouse.

These bills are 28-pages long and include a lot of important, yet tedious details, so we have systematically gone through the bill below so that you can fully understand what they are doing with this legislation. Because they introduced identical bills in both houses, and the date of enactment written in the legislation is January 1, 2019, we know they are serious about passing this and quick.

You can read the full bill here, but we have also broken it down in plain(er) language by section, highlighting the most important information that you need to know. When things repeat multiple times in multiple sections, they are only included in the first section they appear so we don’t make this as long as the original bill. Because this breakdown is still really long, here are the five most important things that you need to know about this bill:

  1. It creates a way for teachers to carry guns at school by creating a SAFER schools endorsement on Kansas-issued concealed carry licenses
  2. It creates a class C misdemeanor conviction for disclosing or encouraging the disclosure of people who have that SAFER schools endorsement
  3. It creates standards for school district buildings regarding other safety measures- like secure entrances and video cameras
  4. It prohibits insurance companies from denying coverage based on guns in schools
  5. It requires firearm safety education curriculum to be developed and names the NRA’s programs in that requirement

Full Breakdown of HB 2789 and SB 434 by Section

Section 1: School Safety Standards Creation

The State Board of Education must work with the adjutant general, the Kansas Bureau of Investigation, the Department of Health and the Environment, and any other agencies considered “necessary” to develop school safety standards and notify school boards of their standards by January 1, 2019. They are allowed to keep some information secret from the public. The standards must include the following things:

  • secured entrances, windows, and other aspects of the buildings
  • security technology, including alarms and security cameras
  • communications systems, including systems that connect school districts directly with the police
  • anything else the Board of Education considers necessary

Section 2: Implementation of School Safety Standards

This section breaks down the requirements for the creation of the standards that each school district will be required to implement if this law passes. These standards must include the following items, although they are allowed to include things not listed here:

  • the requirement that school districts evaluate their school buildings and make sure they are in line with standards
  • training of school district employees on what they are supposed to do in an emergency and while holding emergency drills
  • notifying people who are not in the school building about emergencies happening in the school building and for contacting law enforcement
  • securing school buildings during an emergency situation
  • evacuating school buildings, including evacuation routes and sites
  • what to do after an emergency situation is no longer an emergency
  • making sure the standards developed as a result of this law fit in with the school safety plans that school districts already have
  • distributing the school safety plans to the right law enforcement agencies
  • making sure schools are held accountable for maintaining these standards
  • anything else the Board of Education decides is necessary

When they develop these standards that will be used statewide in every school district, the State Board of Education must clearly identify which people or agencies are responsible for which aspects of the school safety plans. The Board of Education may use anything that is available from the US Department of Homeland Security to create these procedures.

Section 3: Requirements for School Board Safety Plans

Before adopting the standards that the Board of Education will create (see Section 1 and 2), each school district must consult with local law enforcement to review their buildings and current policies and procedures. The local law enforcement agencies will tell the school districts how they can improve, and any recommendations made must be done according to the standards that the Board of Education will create. After creating their individual plans, each school district must send these plans to law enforcement and the State Board of Education.

Section 4: No Liability for LEOs

Law enforcement agencies and law enforcement officers are not legally liable for any personal injury or property damage resulting from anything required or permitted by Sections 1-3. Any law enforcement officer or agency who is brought to court over anything they do to institute the policies discussed in Sections 1-3 may be awarded court costs and “reasonable” attorney fees.

Section 5: Arming Teachers

The Board of Education may allow any employee of a school district who has a license to carry a handgun in Kansas or who wants a license to carry a handgun in Kansas to get a “SAFER schools” endorsement added to their concealed carry license. Any employee who gets this endorsement will be considered a “SAFER schools team member” by the Board of Education. All SAFER schools team members can concealed carry a gun in any school district building.

The identities of any SAFER team member are considered confidential and are not public information. School boards must develop procedures to keep the identities of those employees who choose to carry guns at school private. Anyone who “willfully or knowingly discloses, permits, or encourages disclosure of that information” will be guilty of a class C misdemeanor. Basically if we let people know which teachers are carrying guns or encourage people to let us know which teachers are carrying guns, we could be charged with a misdemeanor. 

Section 6: Insurance

Insurance companies cannot charge more for or refuse to provide insurance policies for the sole reason that a school district allows employees to carry guns in the premises unless the rate is differential or “based on sound actuarial principles or is related to actual or reasonably anticipated experience.” This will be enforced in accordance with Kansas Statutes Annotated Art. 26 Ch. 40.

Section 7: K-12 Gun Curriculum

The Board of Education must create curriculum guidelines for a standardized “firearm safety” curriculum. The guidelines must include the following items, but can include more:

  • accident prevention
  • K-5 curriculum must be based on the Eddie Eagle Gunsafe program offered by the NRA or any other evidence-based program or any program that might come after Eddie Eagle
  • Grades 6-8 curriculum must be based on either the NRA’s Eddie Eagle Gunsafe program or any program that comes after it, or based on the Hunter Education in Our Schools program created by the Department of Wildlife, Parks and Tourism or any successor program, or any other evidence-based program or any successor program
  • Grades 9-12 curriculum must be based on the Hunter Education in Our Schools program from the Department of Wildlife, Parks and Tourism or any other evidence-based program or any successor program

If a school board chooses to offer firearms safety education classes, they must be offered to ensure that every student has the opportunity to take them.

Section 8: Naming of the SAFER Act

Sections 1-8 and any amendments shall be referred to as the “Kansas Staff as First Emergency Responders (SAFER) Act”.

Section 9:  Public Disclosure Law Amendments

This section amends K.S.A. 2017 Supp. 45-221, which is  the Kansas Open Records Law exemption list, to prohibit the disclosure of the following (except as required by law):

  1. the school safety standards created by the State Board of Education or adopted by school districts according to sections 1-2 of this law
  2. records regarding employees who choose to carry guns in school buildings, including any lists of those employees kept by school districts

Section 10: Establishes SAFER schools hotline

This section amends K.S.A. 2017 Supp. 72-6143, which concerns the privacy of student information, to allow any student, teacher, administrator or other individual to report a student to the SAFER schools hotline, which will be maintained by the Kansas Bureau of Investigation. All reports to that hotline must be investigated, and each school district must post that hotline number on their website.

Section 11: Creating SAFER schools Endorsement on Concealed Carry Licenses

The Attorney General must issue the SAFER schools endorsement on the concealed carry license to any person who is eligible and fulfills the requirements. A license with this endorsement will be valid for 4 years from the date of issue. The endorsement shall be prominently displayed on the front of the license.

You can read about what is already required to get a Kansas concealed carry license here. Remember that licenses are not needed to carry anywhere else in the state.

Section 12: Standards for SAFER schools endorsements

The Attorney General shall only issue a license with the SAFER schools endorsement to employees of the school district who are authorized by the board of education of their school district. The Attorney General shall adopt rules and regulations to establish procedures for a handgun safety and training course required for anyone applying for the SAFER schools endorsement. Those standards shall include:

  • a requirement that trainees satisfy the training requirements that are required for all concealed carry licenses in Kansas
  • a requirement that trainees receive specific training designed for school district employees based on guidelines developed by the commission on peace officers’ standards and training
  • qualifications of instructors
  • a requirement that the course be provided by an instructor certified by the Attorney General or a law enforcement officer working with the school district the trainee works for

Section 13: Requirements for Getting the SAFER Schools Endorsement

This section amends K.S.A. 2017 Supp. 75-7c05, which concerns the applications for concealed carry licenses in Kansas, so that it must include whether an applicant is applying for the SAFER schools endorsement on their concealed carry license, if applicable. It also states that a person who holds a Kansas concealed carry license can apply for the SAFER schools endorsement by submitting the following things:

  1. a photocopy of their concealed carry license
  2. a photocopy of the applicant’s certificate of completion of the SAFER schools handgun safety and training course
  3. a photocopy of the resolution adopted by the school board allowing the applicant to carry a gun in that school district’s buildings
  4. a statement that the applicant fulfills the necessary criteria
  5. and a “conspicuous warning” that the application is executed under oath and that if you lie on it you are subject to criminal prosecution.

All applicants for this endorsement must pay a non-refundable $50 fee. 90 days after receiving the above documents, the Attorney General must issue a new license with the SAFER schools endorsement or deny the application solely based on the applicants disqualification based on the standard concealed carry license criteria. If the application is denied, the Attorney general must inform the applicant why in writing and provide them with the opportunity for a hearing.

Section 14: Regarding Renewing Concealed Carry Licenses

This section amends the statute concerning the renewal  of concealed  carry licenses. Anyone renewing a license with a SAFER schools endorsement must include certification that they have passed the handgun safety test within the preceding 30 days of a renewal application.

Section 15: Amendments to Kansas Personal and Family Protection Act

This section amends existing Kansas law which forbids public employers from restricting their employees from carrying guns on public property or on the job. This amendment basically states that there will be a “presumption of negligence” if it is shown that the school district didn’t authorize an employee to get the SAFER schools endorsement on their concealed carry license if there’s any action against the school district surrounding the use of firearms.

Section 16: Amendments to the Kansas Open Meetings Act

This section authorizes the governor’s domestic violence fatality review board to discuss matters relating to the authorization of school district employees to carry guns and the designation of SAFER schools endorsement team members.

What Now?

Please attend the hearing in Room 281-N on Tuesday, March 27th at 8am in the Statehouse if you can.

Please also contact your representatives and let them know what you think about this bill.

We will keep you updated as we know more

 

Concealed Carry Reciprocity & Domestic Violence Restrictions Pass KS Senate

The Kansas Senate was packed with people today because they had long debate on the gun bills HB 2145 and HB 2042, and a campus free speech bill, SB 340.  SB340 failed, HB 2145 passed with the amendments made by the Senate Federal and State Affairs Committee, and HB 2042 passed with no amendments made.  Below you’ll find the long form version of what happened in the Senate session:

SB 340: Campus Free Speech

SB 340 an ALEC-associated campus “free speech” bill that would make it impossible for universities to do punish students for harassment and give students and faculty different speech rights than faculty, failed with a 20-20 vote.

HB 2145: Prohibiting Guns from Certain People

The Senate then debated HB 2145, which limits gun ownership for people who have been convicted of domestic violence. The bill passed the House unanimously, but then there were amendments made in the Senate Federal and State Affairs Committee. The bill now does a number of things, which can be read in this supplemental note:
[googlepdf url=”https://failcampuscarry.com/wp-content/uploads/2018/03/supp_note_hb2145_02_0000.pdf”]

Senator Dinah Sykes offers an amendment which would restore the bill to the version that passed the House. Then Senator Masterson stood up to oppose the amendment. The Senator from Lynn, Senator Tyson, asked Senator Sykes if she remembers the case in which a man got a felony conviction for manufacturing silencers in his garage because he thought that the unconstitutional Kansas 2nd Amendment Protection Act would make Kansas gun laws override state law (which no state law can legally do). On the Sykes Amendment, the Senate voted 19-19 on that amendment. The Senator from Leavenworth changed his vote to no, so the motion failed 20-18.  They passed the bill with the amendments the Senate  Federal and State Affairs Committee had made.

HB 2042: Concealed Carry Reciprocity

Then, they discussed HB 2042— the concealed carry reciprocity bill. Senator Masterson explained that this bill will recognize other state’s permits. The House had added amendments to the bill, but the Senate Committee stripped it of those amendments, so now all the bill does is pass concealed carry reciprocity. Senator Hawk stood up and gave a speech about the Parkland shooting and what has happened in his district since that horrific day– 13 students have been arrested for making threats. He also presented a letter from the Board of Education that urges solutions, stating “If we don’t get this right, it will be our shame.”

Senator Rogers then introduced an amendment to ban bump stocks.   Senator Masterson refers to bump stocks as “novelty items” and refers to them as just a piece of plastic, neglecting the fact that these items have been used to murder hundreds of people, such as in the Las Vegas shooting. Senator Rogers says that the language in this amendment is identical to what recently passed in Florida. Senator Rogers moves his amendment, and a roll call vote. Senator Haley explained his yes vote by bringing up the Las Vegas shooting and saying it would help prevent those tragedies. The Senator from Saline voted no and explained that it was because he only wants to vote on the base bill instead of lots of amendments. The final tally on the Rogers Amendment was 20-20 and the motion failed.

Senator Bollier then introduced an amendment to create red-flag, or extreme risk protection orders in the State. Current Kansas law does not have any due process for removing of weapons for people who have been found mentally unfit to carry, so this amendment would create that. An Extreme Risk Protection Order would prohibit a defendant from owning, purchasing or receiving any firearms or ammunition for up to a period of 1 year. A family member is described to include people who have lived with the defendant or who are related by blood or marriage. It would allow a family member to request a judge to put a temporary gun violence restraining order to be put in place. 30 states have either introduced or already passed similar extreme risk protection orders acts. Bollier also stated,”The NRA has asked for this type of legislation to move and be passed across the country so we can prevent unnecessary gun violence. No one wants gun violence.” The germaneness of the amendment was questioned and it was ruled not germane. Senator Bollier urged the Senate to urge the Judiciary committee to hear the bill. Senator Wilborn stood up and said that he got a text from the NRA and they don’t support extreme protection orders.

Senator Francisco raised concerns about out-of-state 18-year-olds who have permits from other states being allowed to carry on college campuses and introduced an amendment that would change the terms jurisdiction and license and permit so that permits from out of state would have to be equal to or more restrictive than Kansas permit requirements. Senator Masterson said that this amendment would nullify a lot of reciprocity agreements. Francisco moved her amendment, and it failed on a voice vote.

Senator Pettey then introduced an amendment which would require a 3-day waiting period for gun purchases and would create a larger background check to be done in that period. Masterson strongly opposed the amendment because he thinks it would limit guns from people. Senator Faust-Goudeau reiterated that this amendment would just be a delay to make sure that a person trying to purchase a gun doesn’t have a domestic violence conviction. Senator Pettey reminded everyone that it would not actually limit anyone’s ability to purchase a gun, it would just make them have to wait another 3 days. Senator Fitzgerald said that safety measures can have a counterproductive effect and says that a woman needs a gun to protect herself from a domestic abuser, despite the fact that a woman is 5 times more likely to die in a domestic violence situation when there is a gun involved. Senator Fitzgerald told a story of a woman who got shot by her domestic abuser and said that if she had a gun she wouldn’t have died, and says that this is unnecessary. Senator Pettey said that this won’t prevent every incident of gun violence, but it would prevent some and that’s important. Senator Bollier brought up that there is an 80% success rate with suicide by guns, and if you keep guns out of the hands of someone who is suicidal, their risk goes down significantly, and that she thought Kansas was a pro-life state. Motion failed on a voice vote, then there was a roll call vote. Senator Hensley explained his yes vote by saying that if a guy like Rick Scott breaks with the NRA to do this, then we should take notice and pass it. Senator Hardy voted no and said that it was because he only wants to vote on the base bill. The final tally was 17-23 and the motion failed.

Then Senator Holland introduced an amendment to raise the purchase age of rifles to 21. This amendment failed with a vote of 13-27.

Then Senator Francisco introduced an amendment that would change the reciprocity agreement so that Kansas would only accept permits from other states for people over 21 because Senator Masterson raised concerns about age earlier. The amendment failed on a voice vote and was brought up for a roll call.

Senator Holland from Douglas County introduced an amendment to bring back permits and training for the entire state, repealing “constitutional carry.” Senator Masterson started laughing when the amendment was brought up and says he’s tempted to question germaneness but wants to see the vote. Senator Doll says that where he’s from if you don’t have a gun you’re weird and even his constituents think that everybody should have permits and training. The motion failed on a voice vote and went to roll call, where it failed 16-24. Senator Haley (Democrat) explained his no vote by saying that people can’t afford permits so he doesn’t think that people should be required to have them to carry a gun. He didn’t wish to put his remarks in the journal because he doesn’t want 20 Republicans to sign on like they did to his comments when he supported getting rid of permits the first time.

Senator Hawk then introduced another amendment which would exempt colleges and universities from requiring concealed carry, getting rid of campus carry. Senator Masterson asked Senator Hawk if there’s been an instance that would create a need to reverse the law. Senator Hawk reminded everyone of the time someone accidentally shot himself at K-State in the dorms, which Masterson says happened before concealed carry so therefore doesn’t count. Senator Bollier asks if there are any people who have left because of concealed carry. Senator Hawk says that enrollment at K-State is down and he knows of people who have left because of the law. Senator Baumgardner mentioned a report from KU saying that there have been no weapons violations in the first 6 months of campus carry as a reason for why there is no reason to reverse campus carry — neglecting the fact that when guns are legal, you aren’t violating the law when they are on campus. Senator Francisco pointed out that if it’s no longer a violation to have a gun, then obviously the rate of people getting in trouble for carrying guns will go down. Senator Baumgardner says that the drop in crime was actually in thefts and break-ins. Senator Hawk brought up that police aren’t allowed to ask if someone’s carrying a gun to check to see if they are allowed to or not, and asserts that there are, have been and will continue to be problems on campus. Senator Hawk moves amendment, motion failed on a voice vote, and a roll call vote was requested. The Senator from Reno explained his vote by saying that he thinks every campus should be able to make their own decisions about gun policies. A number of other Senators joined his remarks for the journal. Senator Hardy changed his vote from no to yes. Senator Tyson asked for a preliminary vote count, which was 19 in favor and 21 against. The amendment failed 19-21. Senator Hensley stood up and thanked the Senate for having this debate today and for keeping it civil.

Senator Masterson says he doesn’t think there’s anybody in the room that doesn’t agree that something needs to be done about gun violence and says that the issue is that there is no real solution to gun violence with the human condition. He also says it’s irrational and unfounded to fear guns, despite the fact that they can completely obliterate the human body and we know that when there are less guns, there is less chance of gun violence.The bill passed on voice vote.

The Senate then suspended the rules in order to pursue final action on both HB 2142 and HB 2042.

Senator Rogers voted no on HB 2042 and explained his vote by saying that there were a number of common sense solutions posed, we need to listen to each other more, and he doesn’t want to lower our reciprocity standards. Senator Schmidt from Shawnee stated that she didn’t agree with all the pieces but voted yes on HB 2145 because the domestic violence piece is really important. Senator Hawk will submit explanation of vote later, and a number of senators have joined his future explanation of vote.

HB 2145 passed unanimously and HB 2042 passed 25-15.