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Thread: Olathe CCH holder with questions about open-carry in my area.

  1. #1
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    Olathe CCH holder with questions about open-carry in my area.

    2 questions; I am a concealed carry license holder. Do I still have he option to open carry?

    Also, is there a database created anywhere showing what cities allow and which don't (KS)? Anyone from Joco knows that 5 minutes down the road means you are in a different city.

    I ask this because though I CC every day there are times when it would be more comfortable or I would just prefer to open carry.

    Thanks!

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    Quote Originally Posted by projo198 View Post
    2 questions; I am a concealed carry license holder. Do I still have he option to open carry?

    Also, is there a database created anywhere showing what cities allow and which don't (KS)? Anyone from Joco knows that 5 minutes down the road means you are in a different city.

    I ask this because though I CC every day there are times when it would be more comfortable or I would just prefer to open carry.

    Thanks!
    Concealed and open carry fall under two sets of laws. During my training, I was told to not mix the two. When you carry concealed, you must follow the statutes covering concealed and carry. If you carry open, follow those state statutes. In my opinion, you took the time, effort and money to get your CCW permit, go ahead and use it.

    As far as going to different cities, follow the CCW statutes. Under the permit, you are covered under state law and not city codes.

    Hope this helps.

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    Super Moderator Grapeshot's Avatar
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    Quote Originally Posted by projo198 View Post
    2 questions; I am a concealed carry license holder. Do I still have he option to open carry?

    Also, is there a database created anywhere showing what cities allow and which don't (KS)? Anyone from Joco knows that 5 minutes down the road means you are in a different city.

    I ask this because though I CC every day there are times when it would be more comfortable or I would just prefer to open carry.

    Thanks!
    Yes you have the option of OCing, just be sure and do your homework on local ordinances - they can be a nightmare.

    Quote Originally Posted by kenolathe View Post
    Concealed and open carry fall under two sets of laws. During my training, I was told to not mix the two. When you carry concealed, you must follow the statutes covering concealed and carry. If you carry open, follow those state statutes. In my opinion, you took the time, effort and money to get your CCW permit, go ahead and use it.

    As far as going to different cities, follow the CCW statutes. Under the permit, you are covered under state law and not city codes.

    Hope this helps.
    The state statutes do not fully address where one may open carry. They allow municipalities to create local ordinances.

    (b) Nothing in this section shall:

    (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 act while on property open to the public;
    http://kslegislature.org/li/b2011_12...12_016_0124_k/
    Last edited by Grapeshot; 09-27-2012 at 09:54 AM. Reason: formatting
    Old and treacherous will beat young and skilled every time.

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    Regular Member MKEgal's Avatar
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    Quote Originally Posted by projo198
    2 questions; I am a concealed carry license holder. Do I still have he option to open carry?
    Do you have a driver's license? Do you still walk or ride your bicycle some places?

    The way American law works is that if there's not a law prohibiting something, it's legal. And sometimes if there is a law against something, it's still legal because the law is unconstitutional.


    Quote Originally Posted by kenolathe
    Concealed and open carry fall under two sets of laws.
    During my training, I was told to not mix the two.
    That's not directed at you, but at whoever is spewing misinformation.
    Welcome aboard. Really, we're glad you're here.
    Since you're new you probably won't have the experience to know that many many trainers should stick to teaching basic firearm safety and stay away from trying to explain laws. Also, many LEO don't really know much about the laws, or about Constitutional rights.
    If you want to know about the laws affecting/infringing your right to carry, find your state laws online. Search for things like "concealed carry of a deadly weapon", "self-defense", "trespass".
    A very good resource is your state page at www.handgunlaw.us They provide the text of the pertinent laws, the statute numbers/citations, and links to your state's pistol carry information... again, so you can read the laws yourself.
    There are also information pages available from the front page of OCDO.

    As an example, when I teach firearms classes that touch on the various laws, I put the text & statute number in my powerpoint so students can not only read it there but also have the reference to be able to go home & read it themselves in more depth & in context.
    I always encourage people to read the statutes themselves. (Especially LEO to whom I've explained something they didn't understand... One was trying to be very nice about telling me I couldn't carry in a certain business because he thought there was a school across the street. I pointed out that from the time I parked I'd been on private property & that's one exception to the 1000' "gun-free" zone.)

    In my opinion, you took the time, effort and money to get your CCW permit, go ahead and use it.
    1) Welcome to Open Carry dot Org
    2) The OP says s/he mostly hides, but sometimes would be more comfortable being open about exercising her/his rights. It's her/his choice.

    As far as going to different cities, follow the CCW statutes. Under the permit, you are covered under state law and not city codes.
    Danger Will Robinson!
    State statutes cover you everywhere there's not a smaller locality (county, city, village) imposing its wishes.

    If the state does not infringe your right to carry openly (say in a state park), but bordering that state park is a village which is rabidly anti-gun, if you wander out of the park & into the village you can still be ticketed / arrested / jailed (depending on their ordinance) even if you put your coat over it & use the privilege your license provides.

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    Regular Member MKEgal's Avatar
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    Quote Originally Posted by Grapeshot
    (b) Nothing in this section shall:
    (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 act while on property open to the public;
    http://kslegislature.org/li/b2011_12...12_016_0124_k/
    That looks to me like if someone is licensed then any local anti-OC statutes have no effect.
    Maybe one of the KS members can explain what I'm not understanding?

    ETA - never mind, I see it. There's a ;, so municipalities are allowed to regulate open carry (by anyone, anywhere) and they're allowed to regulate carry by people w/o a gov't permission slip (on property open to the public).
    That sucks.
    Last edited by MKEgal; 09-27-2012 at 10:35 AM.

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    Regular Member Mr.40's Avatar
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    I have created Kansas Open Carry page on Facebook. If you'd like go to it and "like" it and I have put together a spreadsheet with the local cities on the kansas side whether or not OC is legal or not....ALWAYS REMEMBER THAT LAWS DO CHANGE AND YOU DO NEED TO DO YOUR OWN HOMEWORK....

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