New Poster Long time OC

Hello All i am Josh and thought i would sign up here since i am a Big supporter of OC. I live in spring Hill and work in Gardner. I Oc in both towns and OC in my car. Was wanting to know if you have a OC Group in Johnson County. It would be cool to meet up 1 time a month and go out and eat.

I am a big with Firearms. I OC a Ruger GP100 357Mag, LC9 or a LCP

Gardner

Jroudebush said:

Hello All i am Josh and thought i would sign up here since i am a Big supporter of OC. I live in spring Hill and work in Gardner. I Oc in both towns and OC in my car. Was wanting to know if you have a OC Group in Johnson County. It would be cool to meet up 1 time a month and go out and eat.

I am a big with Firearms. I OC a Ruger GP100 357Mag, LC9 or a LCP

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Hey there, Where do you carry in Gardner. I am new here (Since July of last year). I am currently waiting on my CCW. (Has been submitted since Early May) I emailed the local law enforcement and they said OC was illegal here due to a city code. They will cite you with brandishing if you have a weapon on your hip.

Here is the email I received.


xxxxx xxxxxxxxxx

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.

Sincerely,

Capt. James W. Moore
Executive Officer
Gardner Police Department
440 E. Main Street
Gardner, KS 66030
913-856-7312 / Office
913-856-5733 / Fax

Looks like the Captain might want to brush up on the state laws a bit. Armed open carry can be outlawed, UOC might be preempted by the state, and auto carry is definitely preempted and legal.

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Openly Carrying and brandishing a weapon are two different things in my opinion. The word "brandishing" is being used too general, just because someone is "openly carrying" does not mean hes brandishing in the way they usually think.

DWCook said:

Openly Carrying and brandishing a weapon are two different things in my opinion. The word "brandishing" is being used too general, just because someone is "openly carrying" does not mean hes brandishing in the way they usually think.

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I agree but obviously the Gardner PD does not agree. Just having a weapon on your side in the OC mode constitutes "Brandishing" according to the PD and the way they interpret the city code. Kansas needs a uniform law to define brandishing.

Free2Carry said:

I agree but obviously the Gardner PD does not agree. Just having a weapon on your side in the OC mode constitutes "Brandishing" according to the PD and the way they interpret the city code. Kansas needs a uniform law to define brandishing.

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It does not matter what you, I, or the Gardner PD think what brandishing means. What matters is what's in the city ordinances, and what the jury believes. Guess where you should start?

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kcgunfan said:

It does not matter what you, I, or the Gardner PD think what brandishing means. What matters is what's in the city ordinances, and what the jury believes. Guess where you should start?

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I agree but the city code is vague..here is what it reads:

10.3.2 CARRYING OR BRANDISHING A WEAPON.

(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.


This is why I emailed the Captain of the PD. Where else would I go to get a definition of "brandish a weapon in public view?"

Brandish

bran·dish
   [bran-dish] verb (used with object)
1.
to shake or wave, as a weapon; flourish: Brandishing his sword, he rode into battle.

Carrying a weapon in a holster is not brandishing. If you ran around waving a gun at people that would be brandishing. The state Supreme Court has repeatedly stated that the plain language meaning of a word is the one that matters.

There is also the matter of the recent constitutional amendment in the state of Kansas.
4. Individual right to bear arms; armies. A person has the right to keep and bear arms for the defense of self, family, home and state, for lawful hunting and recreational use, and for any other lawful purpose; but standing armies, in time of peace, are dangerous to liberty, and shall not be tolerated, and the military shall be in strict subordination to the civil power. (Kansas Bill of Rights, paragraph 4)

I would say those folks need some brushing up on changes made in the state in the last couple of years.

Grimjack