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IWB Open Carry?
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JAK
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Joined: Thu Jul 3rd, 2008
Location: Manhattan, Kansas, USA
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 Posted: Mon Oct 6th, 2008 04:18 pm
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Disclaimer:  I have not read the statutes concerning this, but I am planning on getting my CCW as soon as I can anyway.  This is based on my conversation with a KHP Trooper.

I am back in Iraq, but while I was on leave a friend of mine was in a car accident on a local highway (Rt 177 heading into Manhattan).  I was open carrying my Kimber on my right hip when the accident occured and quickly secured it before assisting with the accident scene.  After the accident I was talking to a KHP Trooper, he mentioned that there would not have been any issues if I had just left the Kimber on my hip.  I asked him if carrying my Kimber in an IWB holster without a covering garment would still be legal for open carry.  To paraphrase his response:  He said, Yes, it is considered legal open carry as long as a reasonable person would be able to identify it as a firearm upon seeing it.  To clarify I told him that in my Galco Summer Comfort keeps the grips and rear sights above my waistband, he said "That would be legal for open carry."

Just thought I would share my experience.

Walleye
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Joined: Thu May 29th, 2008
Location: Manhattan, Kansas USA
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 Posted: Wed Oct 8th, 2008 01:12 am
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Out in the open (that is, outside of the municipalities), open carry is generally no problem. There's nobody out there that cares or notices.

Now, within a town or city, it varies. The problem in Kansas is the lack of preemption - you're pretty much covered if you have a CCW permit, but lacking it could be rough. I'd personally speak with any police departments or sheriff offices in the county/city you're going to open carry in beforehand to know what kind of response you might get to open carry. Manhattan unfortunately is a college town and there are many idiots around who see a gun in a holster as a nuclear warhead waiting to go off. As usual, caution must be excersized.

JAK
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Joined: Thu Jul 3rd, 2008
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 Posted: Wed Oct 8th, 2008 07:23 am
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Realistically I intend on getting my CCW as soon as I can.  Do to this I will be honest and tell you I am not going to take the time to speak with the RCPD on this matter.  I know my rights, and I know the laws.  I was simply passing the information I had recieved from the trooper on to others.  

I would be confortable using this method, but to be honest I find my OWB holster to be more comfortable for open carry, anyway.

 

-James

Last edited on Wed Oct 8th, 2008 11:30 am by JAK

Walleye
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 Posted: Sat Oct 11th, 2008 05:53 am
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This particular trooper sounds like a real professional, but unfortunately his opinion cannot be taken as gospel. The highway patrol is in a different environment versus county or city police and I doubt situations dealt with by either one are alike.

If you ever want to open carry in Manhattan though, let me know: I'll back you up! ;)

JAK
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Joined: Thu Jul 3rd, 2008
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 Posted: Sat Oct 11th, 2008 12:07 pm
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Walleye wrote: This particular trooper sounds like a real professional, but unfortunately his opinion cannot be taken as gospel. The highway patrol is in a different environment versus county or city police and I doubt situations dealt with by either one are alike.

If you ever want to open carry in Manhattan though, let me know: I'll back you up! ;)

 

On that note, I have open carried in Manhattan a few times.  Mostly to and from "the range" and a few times to run errands near my home.  (I live just off Casement.)  Really no one seems to notice.  The most public place I have carried yet was into the tire and automotive section of Walmart.  I only observed one person who noticed, but she did not say anything and neither did I.

I am on the fence about open carry personally.  On the one hand, I believe that open carry is a good means of educating the general public and showing them that guns may be carried by non-LEOs without criminal activity.  On the other hand, I believe that one should not flaunt it.  Carry naturally, and carry confidentally...there is no need to walk with your arm six inches away from your strong side and there is no need to talk about carrying while doing so.  If someone were to ask me about it, I would answer there questions and attempt to educate them on the legality of open carry, but again I would not speak loudly enough so as to draw additional attention.

 

Sorry about the novel... 

Last edited on Sat Oct 11th, 2008 12:39 pm by JAK

MP 2007
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 Posted: Mon Nov 3rd, 2008 09:46 pm
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So does that mean it is allowed to open carry in Manhattan Kansas? I was told by a Police Officer That it was legal. But then I was told by another police officer that it wasn't legal. I've been looking for that facts.But can't seem to find any.If anyone can help me please do. Im an MP stationed in Kansas. And I want to know is it legal to openly carry in Manhattan Kansas. The zip code is 66502.

Walleye
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 Posted: Wed Nov 5th, 2008 04:24 pm
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I've open carried in several places around Manhattan without much trouble, but thats only been within the past couple of weeks. There are no local ordnances in Manhattan that specifically ban open carry, but of course your mileage may vary.

This is the best source I have:

http://www.municode.com/resources/gateway.asp?pid=11213&sid=16

IANAL, take with a grain of salt. Keep in mind that the same rules for CCW permit holders apply to you and then some - basically, gunbuster sign = no entrance.

nikerret
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Joined: Wed Jun 6th, 2007
Location: Kansas USA
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 Posted: Fri Nov 7th, 2008 03:41 pm
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MP 2007 wrote:
So does that mean it is allowed to open carry in Manhattan Kansas? I was told by a Police Officer That it was legal. But then I was told by another police officer that it wasn't legal. I've been looking for that facts.But can't seem to find any.If anyone can help me please do. Im an MP stationed in Kansas. And I want to know is it legal to openly carry in Manhattan Kansas. The zip code is 66502.

As of June 2008 it was legal to the best of my knowledge. Look at the link supplied by JAK.

nikerret
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Joined: Wed Jun 6th, 2007
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 Posted: Fri Nov 7th, 2008 03:44 pm
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JAK wrote:
I asked him if carrying my Kimber in an IWB holster without a covering garment would still be legal for open carry.  To paraphrase his response:  He said, Yes, it is considered legal open carry as long as a reasonable person would be able to identify it as a firearm upon seeing it.  To clarify I told him that in my Galco Summer Comfort keeps the grips and rear sights above my waistband, he said "That would be legal for open carry."


As a KS LEO I can affirm it is legal to use an IWB holster where Open Carry is legal. Just make sure the firearm can be seen and identified as such.

nikerret
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Joined: Wed Jun 6th, 2007
Location: Kansas USA
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 Posted: Fri Nov 7th, 2008 05:02 pm
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Here is a link to a thread I started in response to this thread.


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