| Author | Post |
|---|
Colorado Luckydog
Regular Member
|
Posted: Wed Jul 1st, 2009 08:54 pm |
|
I'm on my way to Arkansas in the morning. I'll be going through Kansas. Can I open carry every where in Kansas? Any places besides the usual that does not allow it? Any counties where it is ilegal? I have a Colorado CCW and I am going to check Reciprocity state to see if I'm legal concealed. I'd probably rather go concealed than open to not have any hassles while I'm away from home.
Thanks Bryan
Never mind. I just looked it up and I can carry concealed in Kansas, Oklahoma, Texas, and Arkansas. Those are the only States I'll be traveling through. I'll just carry concealed.
Last edited on Wed Jul 1st, 2009 09:01 pm by Colorado Luckydog
|
Mike
Super Moderator
|
Posted: Thu Jul 2nd, 2009 03:00 am |
|
KS does not preempt localities on open carry except in vehicles, but even then, that preemption only applies to KS CHP holders or official recognized CHPs.
See travel map for your unlicensed carry rights.
|
lanceegarrison
Regular Member
|
Posted: Sat Aug 15th, 2009 10:29 pm |
|
As Referenced Below 12-16,124 section Allows for a Person With Concealed Handgun license to lawfully open carry as well as carry concealed in any city in the state of Kansas.
(d)This act shall be liberally construed. This act is supplemental and additional to existing constitutional rights to bear arms and nothing in this act shall impair or diminish such rights.
12-16,124
Chapter 12.--CITIES AND MUNICIPALITIES
Article 16.--MISCELLANEOUS PROVISIONS
12-16,124. Firearms and ammunition; regulation by city or county, limitations. (a) No city or county shall adopt any ordinance, resolution or regulation, and no agent of any city or county shall take any administrative action, governing the purchase, transfer, ownership, storage or transporting of firearms or ammunition, or any component or combination thereof. Except as provided in subsection (b) and subsection (a) of K.S.A. 2008 Supp. 75-7c11, and amendments thereto, any such ordinance, resolution or regulation adopted prior to the effective date of this 2007 act shall be null and void.
b) Nothing in this section shall:
(1) Prohibit a law enforcement officer, as defined in K.S.A. 22-2202, and amendments thereto, from acting within the scope of such officer's duties;
2) prohibit a city or county from regulating the manner of openly carrying a loaded firearm on one's person; or in the immediate control of a person, not licensed under the personal and family protection actwhile on property open to the public;
(3) prohibit a city or county from regulating in any manner the carrying of any firearm in any jail, juvenile detention facility, prison, courthouse, courtroom or city hall; or
(4) prohibit a city or county from adopting an ordinance, resolution or regulation requiring a firearm transported in any air, land or water vehicle to be unloaded and encased in a container which completely encloses the firearm or any less restrictive provision governing the transporting of firearms, provided such ordinance, resolution or regulation shall not apply to persons licensed under the personal and family protection act.
(c) Except as provided in subsection (b) of this section and subsection (a) of K.S.A. 2008 Supp. 75-7c11, and amendments thereto, no person shall be prosecuted or convicted of a violation of any ordinance, resolution or regulation of a city or county which regulates the storage or transportation of a firearm if such person (1) is storing or transporting the firearm without violating any provision of the Kansas criminal code or (2) is otherwise transporting the firearm in a lawful manner.
(d) No person shall be prosecuted under any ordinance, resolution or regulation for transporting a firearm in any air, land or water vehicle if the firearm is unloaded and encased in a container which completely encloses the firearm.
History: L. 2005, ch. 141, § 10; L. 2007, ch. 166, § 1; May 3.
Last edited on Sat Aug 15th, 2009 10:31 pm by lanceegarrison
|
marine0300
Regular Member
| Joined: | Sat Nov 15th, 2008 |
| Location: | Topeka, Kansas USA |
| Posts: | 34 |
| Status: |
Offline
|
|
Posted: Sun Aug 16th, 2009 01:27 am |
|
Lanceegarrison,
I am respectfully making this post because your thread is incorrect.
Per the President of the Kansas Rifle Association Patricia Stoneking and Kansas NRA Legislative representative Jordan Austin if you have a Kansas CCW license it does not preempt city & county open carry laws.
Bottom line if you have a Kansas CCW and you open carry in a non open carry city you can be arrested.
When the Personal & Family Protection Act (Concealed Carry) originally passed in 2006 I thought I could open carry anywhere in Kansas as well. Boy was I proven wrong.
I wish we had open carry preemption!!
Earl
|
lanceegarrison
Regular Member
|
Posted: Sun Aug 16th, 2009 02:39 am |
|
Hello Earl
Like I said I just want to see what the AG of Kansas will say.
I'm Hard-Headed its a simple case of right and wrong.
Even as a child I pouted, an cryed out thats not fair.
I went to wichita PD a spoke to the officers about wichita city code.
Not one could tell me under what code the would arrest me for openly carring in wichita.
One told me he would find out, they were very nice...
Has a ccw holder ever been arrested for open carry in ks?
|
marine0300
Regular Member
| Joined: | Sat Nov 15th, 2008 |
| Location: | Topeka, Kansas USA |
| Posts: | 34 |
| Status: |
Offline
|
|
Posted: Sun Aug 16th, 2009 02:43 am |
|
| Wichita is now open carry and most everyone including cops and elected officials are not aware of this. Last edited on Sun Aug 16th, 2009 02:44 am by marine0300
|
lanceegarrison
Regular Member
|
Posted: Sun Aug 16th, 2009 03:02 am |
|
That was my understanding aswell
Ps. Thank you for serving our country, if it were not for men like you I wouln't be able to state my opinion. Thank you Marine...
|
marine0300
Regular Member
| Joined: | Sat Nov 15th, 2008 |
| Location: | Topeka, Kansas USA |
| Posts: | 34 |
| Status: |
Offline
|
|
Posted: Sun Aug 16th, 2009 03:14 am |
|
thank you for the sentiment!
We are all in this freedom fight together.
never say die
Semper fi,
Earl
|
lanceegarrison
Regular Member
|
Posted: Sun Aug 16th, 2009 06:43 am |
|
Wichita is now open carry and most everyone including cops and elected officials are not aware of this.
Last edited on Sat Aug 15th, 2009 08:44 pm by marine0300
where did you get this info is there somthing you can post please??
|
ACEllis
Regular Member
|
Posted: Sun Aug 16th, 2009 08:33 am |
|
marine0300 wrote: Wichita is now open carry and most everyone including cops and elected officials are not aware of this.
I work for Sedgwick County 911. I will tell you first hand this will end very badly. I have yet to have seen the law saying that OC is illegal because Wichita is very bad about allowing their laws to be easily accessible to the public. Until proven otherwise through exhaustive research, consider Wichita "OC no mans land."
And on the non-legal end... WPD, if anything, is very aggressive in the way they handle calls regarding weapons. I've only seen a few "man with a gun" calls being regular citizens minding their own business. Most are legit reasons for concern or someones over excited mistake. The officers have adapted accordingly.
All the normal joe-gun owner calls have been in the County and are phoned in by ignorant passerbys.
My $0.02
If anyone has any questions regarding specific things... I would be more than happy to use my daily resources to get the answer for you. I like calling up various PD brass and BSing with them. It gives me something to do on my lunch break.
It would be great to see Wichita go OC eventually. But as in most states that are dominated legislatively by one or two crime infested cities... I wouldn't hold my breath. I yearn for the day I'll be returning to Colorado and resume my regular OC's practices. I've been legally defenseless since moving back to Kansas in March due to no OC and 6 month residencey for CCW.
AC
Last edited on Sun Aug 16th, 2009 08:42 am by ACEllis
|
lanceegarrison
Regular Member
|
Posted: Mon Aug 17th, 2009 06:24 pm |
|
Mr. Garrison
In short, the answer to your question is, no, a CCH license does not entitle individuals to carry a firearm openly.
In your email, you highlighted the language of 12-16,124(b)(2) in yellow and further highlighted the language “not licensed under the personal and family protection act” in green. What you should note is that (b)(2) is separated by 2 clauses – the first clause deals with open carry of firearms “on one’s person”; the second clause deals with carrying a firearm openly “in the immediate control of” the person.
Under clause 1, cities and counties are still free to regulate anyone (CCH licensees included) who is openly carrying a firearm on their person.
Under clause 2, cities and counties can still regulate open carry of a firearm within one’s immediate control if that person is not a CCH licensee.
Clause 2 was designed to allow CCH licensees to remove their weapon when they are transporting it in their vehicle and not have to worry about local ordinances etc.
[font=""]Charles W. Klebe
[font=""]Assistant Attorney General
[font=""]Concealed Carry Unit
|
Current time is 03:43 am | |
|
