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Is carrying a loaded firearm legal?

Discussion in 'Legal' started by WickedXD, Oct 11, 2006.

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  1. WickedXD

    WickedXD member

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    I know concealed carry is illegal...without permit...excluding Alaska and VT. But what about if it is visible...or just carrying it in your hand...its not concealed...if you can legally own one...why not? some say you can carry a loaded gun in a briefcase and its not concealed carry. So if I open carry...is that legall?
     
  2. El Tejon

    El Tejon Member

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    Which state are you in???:confused:
     
  3. WayneConrad

    WayneConrad Member

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    gunlaws.com

    Alan Korwin's books are concice, and as far as anything about the law can be, easy reading. And they are far, far cheaper than running afoul of the law.

    If you can't get your legal advice from a lawyer, at least get it from someone who has read the written and case law in your state.
     
  4. WickedXD

    WickedXD member

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  5. DRMMR02

    DRMMR02 member

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    A briefcase would be considered concealed, and thus you would need a permit. As far as it being visible, called open-carry, that also depends on what state you are in.

    Refer to this site for info about your states open-carry laws.
     
  6. Zundfolge

    Zundfolge Member

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    Yes and no.

    Statewide open carry is legal ... in some cities (and some counties) its not.
     
  7. Rev. DeadCorpse

    Rev. DeadCorpse Member

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  8. WickedXD

    WickedXD member

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    so without a permit...as long as you can see that i'm armed its not againt the law?
     
  9. Zundfolge

    Zundfolge Member

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    No. It depends on where in the state you are.

    While open carry is technically legal throughout the state, some communities will still have you arrested for "disorderly conduct" if anyone complains (or a cop sees you). Other communities (like Wichita for example) have city ordnances against open carry (even though I believe that a state wide preemption law was passed recently).

    Kansas is a web of confusing and inconsistent carry laws (so get your permit and after 1/1/07 you can CCW).

    In general I'd advise against open carry anywhere in Kansas except some of the less populated counties out west (and then only after you've talked to the local Sheriff's office about it).
     
  10. Rev. DeadCorpse

    Rev. DeadCorpse Member

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    Technically, you are correct. However, as Zundfolge points out, localities may have "stop scaring the Sheeple" laws they get you on instead.

    Check with your local law enforcement types first if you have doubts about your neck of the woods. Be nice, be polite, but insist on an answer and have your facts lined up before making the call. Right down to applicable statute numbers. Better to talk it over on the phone with them than trying to "roadside lawyer" your arresting officer.
     
  11. XavierBreath

    XavierBreath Member

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    Better yet, consult an attorney. Legal advice is worth what you pay for it.

    Got to Packing.org to see the laws relevant to your state.
     
  12. carnaby

    carnaby Member

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    Be carefull about that. Carrying it in your hand would be considered "brandishing" and is not legal in normal peaceful situations.
     
  13. Zundfolge

    Zundfolge Member

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    And if the information you are given is to not carry even though you know thats not the law, follow it anyway.

    Sure you'll likely win if it goes to court, but until then expect harassment, confiscation of your sidearm and risk ventilation by an overzealious deputy (that would suck for you).

    Kansas is not "Free America". The statist mentality is very much alive and well there (one of the many reasons I moved from the state of my birth after 33 years...can't figure out why I didn't move sooner).


    What part of the state are you in? Have you been here yet: http://www.ksconcealedcarry.com/ ?
     
  14. Rev. DeadCorpse

    Rev. DeadCorpse Member

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    Ye' Olde "You might beat the rap, but you won't beat the ride".

    My thoughts exactly. It isn't "right". It isn't "Constitutional". But if it's the law you need to be ready to get smacked by it until we can get things changed back to what they should be.

    Personally, I prefer open carry. It's more comfortable, easier access in a SHTF scenario, and it helps with the whole "scare the Sheeple" thing as they get acclimated to seeing other ordinary folks with sidearms.
     
  15. Jorg Nysgerrig

    Jorg Nysgerrig Member

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    It depends on where you live in Kansas. For example, in Wichita:
    Unlawful use of weapons.
    (1) use of a weapon is knowingly:
    (e) Carrying on one's person any unconcealed, loaded firearm, 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, 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;

    http://www.wichita.gov/CityCode/Default.htm?code=1487

    It's not that simple.
     
  16. WickedXD

    WickedXD member

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    thanks Jorg...i think that answers my question....according to those city codes of Wichita wich is were i live....I can carry my firearm on me openly...as long as it is not loaded correct? is that what everyone else understands? so i can have my mags on the otherside of me as long as my gun is undloaded?
     
  17. Zundfolge

    Zundfolge Member

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    Again, you may be safely within the letter of the law, but I guarantee you'll have problems with WPD if you open carry. Period.
    (born and raised in Wichita ... left in 2002 ... I know these WPD guys and they are not going to let you walk around with a gun on your hip hassle free)
     
  18. WickedXD

    WickedXD member

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    thats ok...i get hassled by them all the time anyway...HAHAHA besides I just talked to the city prossecutors office....I FOUND THE LOOPHOLE!!! I can carry open...as long as its unloaded. And I can carry loaded magazine on me also!
    No need to apply for a CCW now! this is freaking sweet! and for all you guys that will say well what good is your unloaded gun in case of a BG encounter....
    lets just say I'm a real fast speed loader. and who is gunna rob a guy with a gun?:D :D :D :D :D :D :D :D :D :D :D
     
  19. 280PLUS

    280PLUS Member

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    You can load and fire your gun accurately in less than 2 seconds?

    The person who wants the gun, sneaks up behind you and bops you on the head.
     
  20. txgho1911

    txgho1911 Member

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    opencarry.org
     
  21. WickedXD

    WickedXD member

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    what about opencarry.org?
     
  22. WickedXD

    WickedXD member

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    and yes i can load veryfast...under 2 sec....and nobody is going to grab my gun...they will assume im an LEO.
     
  23. bigun15

    bigun15 Member

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    How do you know that?
     
  24. Rev. DeadCorpse

    Rev. DeadCorpse Member

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    Gah... this idiot Judge needs to be reminded that the US Constitution strictly stipulates that "shall not be infringed" is the "Supreme law of the Land" the "Laws of any State to the Contrary notwithstanding" and that "the Judges in every State shall be bound thereby".

    So NO, they cannot legally, Constitutionally, "regulate" a Right out of existance. Not without tossing out the basic theory of our Nations government and just making it up as they go along...
     
  25. Art Eatman

    Art Eatman Administrator Staff Member

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    The problem, Rev.DC, is that until somebody risks jail and takes it all the way to SCOTUS, it IS effectively the law in Kansas cities. That's the problem with a lot of these laws: Jail is no fun while your attorneys are spending your money--if you have the money in the first place. Going to SCOTUS ain't cheap.

    So, for all practical purposes, yes, they can regulate a right out of existence.

    Art
     
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