April 18, 2008, 06:06 PM
Does anyone who's in the know about Kansas politics know if open carry is anywhere in the future?
April 18, 2008, 06:13 PM
Unless they've changed the law, it's always been legal in Kansas, just not in many cities & counties. (local ordnance)
Just not too smart anymore.
Too many cell phones and alarmed citizens reporting "Man with a gun"
Unless you are in a small town during hunting season!
April 18, 2008, 06:22 PM
OC is legal in Kansas.As rcmodel pointed out it comes with risks and rewards.
April 18, 2008, 06:38 PM
OC is legal in some areas but not all. OC laws vary from county to county and some cities have regulations against. I was reading the text of Senate Bill 46 last night (SB 46 is a bill to allow NFA weapons in Ks) some of the things in it seem like a step backwards. In this bill there is wording that allows local governments to regulate OC and to make laws for transportation similar to Wichita's. Not good
April 18, 2008, 06:43 PM
Care to fill me in on what the deal is with the Wichita laws? I'm not sure on the specifics. I've even driven through there with my guns.
April 18, 2008, 06:53 PM
Kansas is a "homerule" state. This was established in the junction city case. I'm on the road so I don't have the exact cite. At any rate, cities and counties already have the ability to regulate open carry and many do. Kansas passed a law exempting CCH permit holders from the hodge podge mish mash cluster of local ordinances and home rule regulations that regulate firearms. That did not affect non CCH holders though. Personally, I would love to see the NFA restrictions lifted, especially on suppressors, but I am not willing to lose more ground to get it. Maybe if the NFA registry was re-opened to machine guns I would consider it. As it stands now what needs to be done is to tell the law makers, judges, and police to follow the letter of the state constitution or leave Kansas on the next thing smoking. It'll never happen though. With the recent liberal infestation from Kali it's pretty much a lost cause here.
April 18, 2008, 07:06 PM
leave Kansas on the next thing smoking. It'll never happen though. With the recent liberal infestation from Kali it's pretty much a lost cause here
Yes,Kansas does not have statewide preemption as Florida,Pennsylvania ,California,and a host of other states have.
This is unfortunate and creates the hodgepodge.
Look at Philly or San Francisco.Their attempt at local laws just failed in S.F. and are doomed in Philly.
Kansas need this ASAP.
April 18, 2008, 07:16 PM
Wichita Municipal code:
Sec. 5.88.010. Unlawful use of weapons.
(1) Unlawful use of a weapon is knowingly:
(a) Selling, manufacturing, purchasing, possessing or carrying any bludgeon, sandclub, metal knuckles or throwing star, or any knife, commonly referred to as a switch-blade, which, having the appearance of a pocket knife, also has a blade that opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife, or by other mechanical contrivance, or any knife having a blade that opens or falls or is ejected into position by the force of gravity or by an outward, downward or centrifugal thrust or movement;
(b) Carrying concealed on one's person, or possessing with intent to use the same unlawfully against another, a dagger, dirk, billy, blackjack, slingshot, nightstick, nun-chucks, sap gloves, tomahawk, dangerous knife, straight-edged razor, stiletto or any other dangerous or deadly instrument of like character, except that an ordinary pocket knife with no blade more than four inches in length shall not be construed to be a dangerous knife or a dangerous or deadly weapon or instrument;
(c) Carrying unconcealed on one's person or in any vehicle under one's immediate control, with intent to use the same unlawfully against another, a dagger, dirk, billy, blackjack, slingshot, nightstick, nunchucks, sap gloves, tomahawk, dangerous knife, straight-edged razor, stiletto or any other dangerous or deadly instrument of like character, except that an ordinary pocket knife with no blade more than four inches in length shall not be construed to be a dangerous knife or a dangerous or deadly weapon or instrument;
(d) Carrying any pistol, revolver or other firearm concealed on one's person, while on property open to the public, except when on one's land or in one's abode or fixed place of business;
(e) Carrying on one's person any unconcealed, loaded firearm, while on property open to the public, except when on one's land or in one's abode or fixed place of business;
(f) Carrying in any vehicle under one's immediate control, while on property open to the public, any loaded firearm, except when on one's land or in one's abode or fixed place of business;
(g) Carrying in any air, land or water vehicle an unloaded firearm that is not encased in a container which completely encloses the firearm;
(h) Carrying a loaded or unloaded firearm in a courtroom or within City Hall;
(i) Drawing a pistol, revolver, knife or any other deadly weapon upon any person.
(j) As used in this section, "throwing star" means any instrument, without handles, consisting of a metal plate having three or more radiating points with one or more sharp edges and designed in the shape of a polygon, trefoil, cross, star, diamond or other geometric shape, manufactured for use as a weapon for throwing.
(2) Subsections (1)(a), (b), (c), (d), (e), (f) and (g), (h), and (i) of this subsection shall not apply to or affect any of the following:
(a) Law enforcement officers, or any person summoned by any such officers to assist in making arrests or preserving the peace while actually engaged in assisting such officer;
(b) Wardens, superintendents, directors, security personnel and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of a crime, while acting within the scope of their authority;
(c) Members of the armed services or reserve forces of the United States or the Kansas National Guard while in the performance of their official duty; or
(d) Manufacture of, transportation to, or sale of weapons to a person authorized under (a) through (c) of this subsection to possess such weapons.
(e) Qualified law enforcement officers or qualified retired law enforcement officers pursuant to the Law Enforcement Officers Safety Act of 2004, 18 U.S.C. 926B and 18 U.S.C. 926C and amendments thereto.
(3) Subsection (1)(d), (e) and (f) of this section shall not apply to or affect the following:
(a) Watchmen, while actually engaged in the performance of the duties of their employment;
(b) Private detectives licensed by the state to carry the firearm involved while actually engaged in the duties of their employment;
(c) Detectives or special agents regularly employed by railroad companies or other corporations to perform full-time security or investigative service, while actually engaged in the duties of their employment; or
(d) The State Fire Marshal, the State Fire Marshal's deputies or any member of a fire department authorized to carry a firearm pursuant to K.S.A. 31-157 and amendments thereto, while engaged in an investigation in which such fire marshal, deputy or member is authorized to carry a firearm pursuant to K.S.A. 31-157 and amendments thereto.
(e) Special deputy sheriffs described in K.S.A. 2001 Supp. 19-827, and amendments thereto, who have satisfactorily completed the basic course of instruction required for permanent appointment as a part-time law enforcement officer under K.S.A. 74-5607a and amendments thereto.
(4) Subsection (1)(i) of this section shall not apply to or affect historical reenactors and actors when engaged in performances and demonstrations. Provided, however, this subsection shall only apply to those performances and demonstrations which have been approved in advance in writing by the city manager or his designee.
(5) Subsection (1) (d), (e), (f), and (g) shall not apply to any person who sells, purchases, possesses or carries a firearm, device or attachment which has been rendered unserviceable by steel weld in the chamber and marriage weld of the barrel to the receiver and which has been registered in the national firearms registration and transfer record in compliance with 26 U.S.C. 5841 et seq. in the name of such person and, if such person transfers such firearm, device or attachment to another person, has been so registered in the transferee's name by the transferor.
(6) Subsections 1(d), 1(e), 1 (f), and 1 (g) shall not apply to any person authorized to carry a concealed firearm pursuant to the Personal and Family Protection Act, K.S.A. 75-7c01 through K.S.A. 75-7c18, and amendments thereto.
(7) Subsection 1 (d) shall not apply to licensed hunters or fishermen, while engaged in hunting or fishing;
(8) It shall be a defense that the defendant is within an exemption.
(9) Any person who violates any of the provisions of this section within the corporate limits of the city shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed two thousand five hundred dollars or by imprisonment for not more than one year, or by both such fine and imprisonment.
(10) In addition to the penalty for violation of any of the provisions of this section, it shall be the duty of the municipal court judge:
(a) To order any weapon seized in connection with such violation which is not a firearm to be forfeited to the city and the same shall be destroyed or caused to be destroyed by the chief of police whenever the weapon is no longer needed for evidence;
(b) To order any weapon seized in connection with such violation when no longer needed for evidentiary purposes, shall, in the discretion of the trial court, be:
(ii) Forfeited to the Wichita Police Department for use within the police department, for sale to a properly licensed federal firearms dealer or for trading to a properly licensed federal firearms dealer by the police department for other new or used firearms or accessories for the Police Department's use; or
(iii) Forfeited to the Kansas Bureau of Investigation for law enforcement, testing, comparison or destruction by the Kansas Bureau of Investigation forensic laboratory.
If weapons are sold as authorized above, the proceeds from any such sale shall be credited to the asset seizure and forfeiture fund of the Wichita Police Department. All transactions involving weapons disposed of under this subsection must have the prior approval of the city manager. All sales of weapons are subject to review by the city council;
(c) Any stolen weapon confiscated in connection with any violation of this section other than subdivision (a) of this subsection shall be returned to the person entitled to possession, if known, when the same is no longer needed for evidence. All other weapons shall be disposed of as provided in subsection (9)(a) and (b) of this section.
(Ord. No. 46-612 § 1; Ord. No. 47-288, § 1, 11-14-06; Ord. No. 47-505, § 1, 6-26-07)
Pay special attention to the bolded print. THEY WILL enforce. PD there is notorious for their dislike of citizens.
Best of luck,
April 18, 2008, 07:33 PM
PD there is notorious for their dislike of citizens.
Even Glenn Campbell?:D
April 18, 2008, 07:48 PM
Most localities (expect for Wichita and Topeka) allow open carry. In fact, most follow the UPOC (Uniform Public Offense Code). The check in your town just go to the town hall and ask to see one of the complete official copies of the public offense code. Any towns using the UPOC generally keep three copies available for public review in the town hall or a central library.
I did this very thing in Derby.
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