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haroldneel198
Regular Member
| Joined: | Wed Dec 31st, 2008 |
| Location: | Wellsville |
| Posts: | 3 |
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Posted: Thu Jan 1st, 2009 02:30 am |
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Hi I am from kansas and i was wondering what oc meant like with permit or with out fully visable i can understand but if i am stupid let me know where to look but i would like to know
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Walleye
Regular Member
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Posted: Fri Jan 2nd, 2009 05:39 am |
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Open carry means that all or part of the gun is plainly visible.
Basically, is it visible and obvious you are carrying a firearm that is not covered or concealed in any way (i.e., a standard belt holster with no clothing over the gun would be considered open carry; printing, flashing, etc. would still be considered concealed.)
In Kansas, open carry can be regulated by local municipalities, so to do so legally requires greater research on the area(s) you plan to open carry on. If you hold a concealed carry permit, then you can carry concealed anywhere in the state (unless prohibited by law). This does not extend to open carry - for example, Topeka and Witchita both ban the practice.
For a more visual example of the differences, here are some photos made by nikerret:
Open Carry:
http://img222.imageshack.us/my.php?image=gun8xf2.jpg
Concealed Carry (would be considered 'flashing' in this picture):
http://img221.imageshack.us/my.php?image=gun3ako6.jpg
If you have a CCW permit, then you can carry in more places, openly or concealed. For example, the Gun-Free School Zones act restricts non-permit holders to carrying at a certain distance from public K-12 schools. You are also not required to place your firearm in a clearly visible location while in a vehicle - permit holders may carry concealed or openly within vehicles. Vehicles are something of a grey area if you do not have a permit, and I'd need to do more research there.
Note that all of the above pertains only to the state of Kansas - other state laws will vary. Also, I am not a lawyer, so the above information may be flawed/inaccurate/incorrect.
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haroldneel198
Regular Member
| Joined: | Wed Dec 31st, 2008 |
| Location: | Wellsville |
| Posts: | 3 |
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Posted: Sun Jan 4th, 2009 12:20 am |
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so i kow with the ccw you need a permit but is oc with a permit or just own the gun i guess i need to look the law books or some thing to get enough info or understanding and thank you for the info
Last edited on Sun Jan 4th, 2009 12:21 am by haroldneel198
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Mike
Super Moderator
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Posted: Sun Jan 4th, 2009 01:00 am |
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Walleye wrote: In Kansas, open carry can be regulated by local municipalities, so to do so legally requires greater research on the area(s) you plan to open carry on. . . . Vehicles are something of a grey area if you do not have a permit, and I'd need to do more research there.
You can open carry in vehicles without a permit without breaking any state law in Kansas. Also, if you hold the concealed permit, you can open carry in vehicles even if the lcolality bans the practice - this is a result of a partial state preemption statute.
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Walleye
Regular Member
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Posted: Sun Jan 4th, 2009 05:41 am |
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so i kow with the ccw you need a permit but is oc with a permit or just own the gun i guess i need to look the law books or some thing to get enough info or understanding and thank you for the info
You don't need a permit of any kind in Kansas to own a gun. You only need to be 18 with no felonies that would prohibit you from owning a firearm.
You can open carry without a permit in most areas in Kansas. You cannot open carry without a permit within 1,000ft of a school (federal law). There are a number of other places off limits as well, such as state and federal buildings. Basically, if you can't carry concealed in a building (such as one posted with a gunbuster), then you can't open carry there either. Again, this really depends on local regulations.
Mike, my understanding of the legislature suggests that open car carry is only legal without a permit when in a juristiction that does not ban the practice. If you have a license then you're exempt from any local open carry bans. If I'm wrong, please let me know.
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marine0300
Regular Member
| Joined: | Sat Nov 15th, 2008 |
| Location: | Topeka, Kansas USA |
| Posts: | 34 |
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Posted: Tue Jan 20th, 2009 06:17 am |
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Walleye wrote: This does not extend to open carry - for example, Topeka and Witchita both ban the practice.
Walleye,
I am respectfully correcting you. Topeka now allows open carry. Upon passage of the Family Protection Act in Kansas (Concealed Carry) Topeka removed a lot of its old gun laws pertaining to open carry. Law abiding citizens my open carry in Topeka!
The former city attorney who help get rid of the old gun ordinances goes to church with me.
Click on this link and it will take you to the city of Topeka’s web site were you can pull up any city code.
http://www.municode.com/resources/gateway.asp?pid=10317&sid=16
or this link http://www.topeka.org/sesearch/sessearch.php?cnt=10&q=guns
Have a great week,
Earl
Topeka
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marine0300
Regular Member
| Joined: | Sat Nov 15th, 2008 |
| Location: | Topeka, Kansas USA |
| Posts: | 34 |
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Posted: Tue Jan 20th, 2009 06:27 am |
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Walleye wrote: if you can't carry concealed in a building (such as one posted with a gunbuster), then you can't open carry there either. Again, this really depends on local regulations.
Walleye,
No Gun Signs posted anywhere in Kansas only deal with concealed carry. For example if a store is posted with the gun buster sign you can’t CC but you can legally carry openly. The owner still has the right to ask you to leave the premises but you can not get in trouble by the law because it was posted.
There are some stores who don’t want people carrying concealed so they post the sign but have no problem with open carry. They just want to know who has a gun.
Legally, gun buster signs only deal with CC
Respectfully,
Earl
Topeka
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Walleye
Regular Member
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Posted: Wed Jan 21st, 2009 08:11 am |
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marine0300, thanks for the corrections; I was not aware Topeka allowed open carry now. At what point did they change that rule?
Re: Gunbuster, my understanding led me to believe that it does not discriminate between open or concealed carry. Are there any updated definitions on that? I have to admit being nervous about carrying anytime the gunbuster is involved due to the potential of having my license taken away. I understand that KSA-75 strictly applies to concealed carry weapons, but I'd feel a whole lot better if it were not a misdemeanor offense the instant you cross that line. I also read that if a sign is posted, the intent is clear. If you have a better clarification for this, please share it with us!
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