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Thread: Gardner Open Carry?

  1. #1
    Regular Member
    Join Date
    Apr 2012
    Gardner, KS

    Gardner Open Carry?

    I don't think it is allowed. I am new to Gardner (moved here last fall) and after reading the city code the only thing that prohibited OC in Gardner is

    (a) It shall be unlawful for any person to brandish any weapon in public view within the City.

    (b) This section shall not apply to those persons exempted by Section 1 of Article 10 of the Uniform Public Offense Code incorporated by GMC 9.05.010.

    (c) It shall be a defense that the person is a bona fide hunter and the firearm is not loaded.

    Violation of this section is an unclassified misdemeanor.

    After doing much reading on here and other state laws I was curious as to what the definition of "brandishing" is according to the powers that be in Gardner. I emailed the local police Captain and inquired. This is the answer that I received.

    In reference to your question pertaining to the Gardner City Ordinance on “brandishing a weapon”, the definition is such that brandishing means openly carrying on ones person. Additionally it pertains to a weapon being within reach of a person while in a motor vehicle.

    Exceptions to this as stated in the ordinance are bona fide hunters carrying weapons that are unloaded and obviously those licensed to carry concealed who have a valid permit to do so.

    I hope that this answers your question and if there is anything else that I can assist you with please feel free to contact me.


    That is what the XO of the Gardner police defines brandishing as....openly carrying. That is quite different from what it should be. Is brandishing defined at the state level or can each city decide what brandishing is? Who would I talk to about getting a more uniform law?

    Also I stopped by a gun dealer in Ottawa, KS and they said Ottawa is an OC friendly city! HOoooah!

  2. #2
    Regular Member
    Join Date
    Nov 2008
    Topeka, Kansas, USA

    Thank you for bringing this to our attention. We are challenging Wyandotte County Kanas City, and Overland Park. If things go in our favor Gardner will be first on our list to challenge.

    Please save the letter or email from the officer! I may ask you for it in the near future.

    I can’t talk about our challenge just yet.

    Hopefully soon.

    Thank you for Open Carrying.


  3. #3
    Regular Member
    Join Date
    Jun 2009
    Boy! talk about an overly broad definition.
    Then again, under that definition, every one of their cops are committing a crime every day.

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