A question of legality in Kansas

[RaetherEnt]

Hey everyone. As all of us here in Kansas are crossing our fingers and waiting for a response (or NON response would be even better) from our governor regarding concealed carry, I have stumbled across another law that WAS passed last year in Kansas. After finding this out, I fired off this email:

Dear Sheriff Denning,

A new law the governor signed April 16,2005 makes it legal to carry a firearm anywhere in the state as long as it's unloaded and in an enclosed container. The law, which took effect July 1, 2006 says local governments can't impose more stringent controls.

If I am interpreting this law correctly, it should now be legal to keep an unloaded pistol in a center console (an enclosed container) of a vehicle, and also keep a loaded magazine WITH the pistol, but not IN the pistol.

Am I reading this law correctly?

Your help of a response is greatly appreciated.

Thank you,

Any predictions as to what the response will be? The way I am reading the law, this should be perfectly legal, correct?

 

[Pramunitus]

I can't speak to Kansas, and this may require a court opinion, as so much legislation does these days. However, I would be cautious about acting on your assumptions. Other states do have settled law stating that no part of your vehicle is a "container", but rather that this requires something that wasn't designed as part of the vehicle.

Also, since a magazine is an integral part of most semiautomatic weapons, a loaded magazine is often considered a loaded "weapon". However, since speedloaders are not furnished with a revolver, but are purchased as an aftermarket part, a loaded speedloader is sometimes not considered a loaded weapon.

Just one more reason for opting for a wheelie, perhaps.

IANAL, and all other appropriate disclaimers. This information is worth every penny you paid for it.

Got Gun?

 

[Kamicosmos]

Unless your sherriff is very gun-friendly, you're not going to like his answer.

Lots of discussion at the MO and KS ccw boards over that ruling. Basically what it means is gun is to be unloaded and in a 'lockable' container, although we never determined what that precisely meant, or if the container had to be locked. But the general consensus was that they meant a 'gun case' of some kind that could be locked. Also, your ammo needs to be seperate and the gun and ammo should not be easily accessable. Ie no loaded mags an inch away from the gun.

IOW: this is not a car-carry law. It simply unified the law on how to transport a firearm throughout the state. Some towns/counties were arresting hunters because they had a rifle and ammo in the car. That town/county did not allow firearms in vehicles in any condition!

Hopefully the guvnor keeps quiet on the ccw bill and lets it pass into law. But I heard she apparently said she fully intends to veto it. but, we will know in a few days I guess. Good Luck KS!!