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Thread: Bonner Springs Ks OC???

  1. #1
    Regular Member Mr.40's Avatar
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    Bonner Springs Ks OC???

    I can't find city ordinance online to read through and see if OC'ing is "legal" in bonner springs ks..Anyone know where i can find info or maybe share a link?

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    Regular Member Mr.40's Avatar
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    I'm attempting to put together a list of OC "legal" cities on the Ks side with city ordinance attached..any help would be great!!!!!!

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    Call City Hall

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    Regular Member Mr.40's Avatar
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    I did find Edwardsville ordinances and the only thing I could find about weapons was it's illegal in the city parks..so i'm guessing OC is good in Edwardsville Ks?

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    Links to codes

    Here is a link to the Unified governments list of Ordinances (Wyandotte county contains Bonner Springs) http://library.municode.com/index.aspx?clientId=13488 and the section in question is 22-177. Please note that this is the section that says it is illegal to have on ones person a firearm when not on your own land or in you place of business. This is also the section that violates the States Pre-emption law.
    Here is a link to the index of Bonner Springs list of municipal codes. http://www.bonnersprings.org/Documen.../Home/View/242
    For some reason, they have their index posted, but I can't find the laws themselves. I would suggest calling their city clerk at 913-667-1716 and asking for information about their weapons laws. The general area would be in Chapter XI of their codes.
    Grimjack

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    Regular Member Mr.40's Avatar
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    That's the same thing I have found..I'm going to call them tomorrow!!

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    Wydotte County & KCK completely bans open carry

    The Unified Government of Wyandotte County has completely banned the open carry of firearms per 22-177 click on link below. Layman’s term can’t OC anywhere in Wyandotte County.

    http://library.municode.com/index.as...ateName=Kansas

    This a complete infringement of the law abiding citizens of Wyandotte county and Kansas City, KS and goes well beyond state law.

    We are currently challenging this ordinance. If anyone lives in Wyandotte County please contact your elected officials and complain.

    If anyone wants to organize a grassroots group of people who live in the county or KCK please contact me.
    Last edited by marine0300; 08-09-2012 at 12:17 AM.

  8. #8
    Regular Member Mr.40's Avatar
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    So all of wyandotte county is no OC? Edwardsville and bonner have their own police, mayor, city hall and city ordinances.

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    I believe that is correct. the ordinance I showed you is for the whole county.

    You need to start organizing opposition?

    The beauty of unified Gov’t. (sarcasm)
    Last edited by marine0300; 08-09-2012 at 09:40 AM.

  10. #10
    Regular Member Mr.40's Avatar
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    What kind of questions should I ask without specifically asking about "dangerous weapons"?

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    Regular Member Mr.40's Avatar
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    I don't have any idea where to start. The Kansas forums are pretty quiet..oh yeah and about that unified gov thing, I'm all about being unified but its the government part is what I don't like

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    Regular Member Damiansar-15's Avatar
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    Suggestions

    I recommend a few things to shake things up:
    - contact county/city attorneys and forwarding the KS AG opinion regarding the legality of OC in KS (See previous threads containing this .pdf...This will start the legal grunts working on updating/informing police officials regarding the need to mitigate civil rights lawsuits and chang the ordinance
    - contacting county/city officials regarding OC protest plans (I organized a very small/simple OC event in Wichita to protest the "unloaded-only" ordinance. Just by contacting them regarding your plans will spark discussion by city officals. Since local ordinances "ban" OC out right, I suggest organizing the event with participants showing up with empty holsters to stay legal and pass out informative flyers.
    - contact local political groups who can throw support your way. I was able to get some help from the Oath Keepers and local Tea Party reps.
    - bring up the issue at any city council meetings (include the value prop containing the reference of how expensive OC lawsuits are for cities, e.g. range between $25-$100K each settlement/decision)

    When talking to city officials it is a pretty simple and powerful argument to state that local ordinances are illegal, per State law, and that the penalty for enforcing UnConstitutional ordinances can be pretty steep, espcially when notice has been set by the KS AG. This also creates a very dangerous situation for LEOs to go out and handle various types of firearms in public without cause.

  13. #13
    Regular Member Mr.40's Avatar
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    Just talked to the city clerk in Bonner Springs KS and she said that KCKS and Bonner Springs city ordinances are seperate from each other. I also talked to Edwardsville city clerks office and Edwardsville Ks city ordinances are also seperate from KCKS..so my question is does the whole Unified government thing screw with OC at all???? They just have to make this a pain in the butt.

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    Wyandotte county ordinance on open carry

    Sec. 22-177 - Unlawful use of weapons.

    (a)
    Unlawful use of weapons is knowingly:

    (1)
    Selling, manufacturing, purchasing, carrying or possessing any bludgeon, sword, cane, loaded cane, sandclub, metal knuckles, any knife, commonly referred to as a switchblade, which has a blade that opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife or any knife having a blade that opens or falls or is ejected into position by the force of gravity or by an outward, downward or centrifugal thrust or movement, a mailed fist, spiked knuckles, metal fist covers or any leather apparatus or device worn on the arms, legs, hands, feet and that contain metal spikes, studs or other metal attachments, sap gloves containing granulated metal or other ingredients designed to add weight to the gloves, or other dangerous or deadly weapon or instrument of like character.

    (2)
    Carrying or possessing on one's person or in any land, water or air vehicle a sword, dagger, dirk, billy, blackjack, slingshot, dangerous knife, straight-edge razor, a lockblade knife, belt or pocket pistol, fountain pistol or pen-like tear gas or powder charge projection weapon, stiletto or any other dangerous or deadly weapon or instrument of like character; provided, an ordinary pocket knife with a blade less than 3½ inches in length shall not be construed to be a dangerous knife or a deadly weapon or instrument.

    (3)
    Carrying or possessing on one's person or in any land, water or air vehicle, with intent to use the same unlawfully, a tear gas or smoke bomb or projector or any object containing a noxious liquid, gas or substance.

    (4)
    Carrying or possessing any pistol, revolver, shotgun, rifle or other firearm on the person except when on the person's land or in the person's own abode or fixed place of business or office.

    (5)
    Transporting any pistol, revolver, or other firearm which is not unloaded and encased in a container which completely enclosed the firearm.

    (6)
    Setting a spring gun.

    (7)
    Possessing or transporting any incendiary or explosive material, liquid, solid or mixture, equipped with a fuse, wick or any other detonating device, commonly known as a Molotov cocktail or a pipe bomb.

    (8)
    Carrying on one's person or in any land, air or water vehicle any martial arts weapon, including, but not limited to, a shuriken or throwing star, as defined in K.S.A. 21-4202 and amendments thereto, karate sticks, nunchaku, Chinese fighting sticks, throwing spikes, metal coverings for first or foot, or any other dangerous weapon or instrument of like character, except a student currently enrolled in a formal martial arts class or formal instructor of martial arts employed in a licensed martial arts studio or business while carrying with them their training uniform while going to or from their place of formal training.

    (9)
    Drawing, using, demonstrating, or threatening to draw, use or demonstrate any object in a hostile manner.

    (10)
    Carrying any object in any manner with the intent to go armed, except when on the person's own land or in the person's own abode, fixed place of business or office.

    (11)
    Discharging or firing any air rifle, pellet gun or BB gun within the city limits while on the streets, alleys or public places.

    (12)
    Discharging any gun, revolver, pistol, or firearm of any description within the city.

    (13)
    Possessing any firearm by a person who is both addicted to and an unlawful user of a controlled substance.

    (14)
    Possessing any firearm by any person, other than a law enforcement officer or clearly authorized security officer, in or on any school property or grounds upon which is located a building or structure used by a unified school district or an accredited nonpublic school for student instruction or attendance or extracurricular activities of pupils enrolled in kindergarten or any of the grades 1 through 12 or at any regularly scheduled school sponsored activity or event.

    (b)
    Subsections (a)(1)—(a)(4), (a)(8), (a)(9), and (a)(12) of this section shall not apply to or affect any of the following:

    (1)
    Law enforcement officers or any person summoned by any such officers to assist in making arrests or preserving the peace while actually engaged in assisting such officers.

    (2)
    Wardens, superintendents, directors, security personnel and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of crimes.

    (3)
    Members of the armed services or reserve forces of the United States or the state national guard while in the performance of their official duty.

    (4)
    Manufacture of, transportation to, or sale of weapons to persons authorized under subsections (b)(1)—(b)(3) of this section to possess such weapons.

    (5)
    Special deputy sheriffs, as described in K.S.A. 19-805a et seq., who have satisfactorily completed the basic course of instruction required for permanent appointment as a part-time law enforcement officer under K.S.A. 74-5607a and amendments thereto.

    (6)
    Unified government animal control officers while in the performance of their duties using tranquilizer dart guns on animals.

    (7)
    The United States attorney for the District of Kansas, the attorney general, any district attorney, county attorney, chief counsel of the unified government, any assistant United States attorney if authorized by the United States attorney for the District of Kansas, any assistant attorney general if authorized by the attorney general, or any assistant district attorney, assistant county attorney, or assistant unified government counsel if authorized by the district attorney, county attorney, or chief counsel of the unified government by whom such assistant is employed. The provisions of this paragraph shall not apply to any person not in compliance with K.S.A. 75-7c01: 7c17.

    (c)
    Subsections (a)(4) and (a)(9) of this section shall not apply to or affect the following:

    (1)
    Licensed hunters or fishermen while engaged in hunting or fishing and traveling to and from places to hunt and fish, those engaged in camping, scouting, trap, skeet or target shooting and instruction and training in safety and skillful use of weapons, including traveling to and from places to engage in such activities.

    (2)
    Persons licensed as private detectives by the state and detectives or special agents regularly employed by railroad companies or other corporations to perform fulltime security or investigative service.

    (3)
    The state fire marshal, the state fire marshal's deputies or any member of a fire department authorized to carry a firearm pursuant to K.S.A. 31-157, while engaged in an investigation in which such fire marshal, deputy or member is authorized to carry a firearm pursuant to K.S.A. 31-157

    (d)
    Subsection (a)(1) of this section shall not apply to any person who sells, purchases, possesses or carries a firearm, device or attachment which has been rendered unserviceable by steel weld in the chamber and marriage weld of the barrel to the receiver and which has been registered in the national firearms registration and transfer record in compliance with 26 USC 5841 et seq., in the name of such person, and, if such person transfers such firearm, device or attachment to another person, it has been so registered in the transferee's name by the transferor.

    (e)
    Subsection (a)(4) shall not apply to any person carrying a concealed handgun as authorized by K.S.A. Supp. 75-7c01, et seq., and amendments thereto. It shall not be a violation of this section if a person violates the provisions of K.S.A. 75-7c03, and amendments thereto, but has an otherwise valid license to carry a concealed handgun which is issued or recognized by this state.

    (f)
    Subsection (a)(11) and (a)(12) of this section shall not apply to the discharge of firearms in any licensed shooting gallery, by a gunsmith in carrying on his trade, or by any officer of the law in the discharge of his official duties.

    (g)
    Subsection (a)(14) of this section shall not apply to:

    (1)
    Possession of any firearm in connection with a firearms safety course of instruction or firearms education course approved and authorized by the school; or

    (2)
    Any possession of any firearm specifically authorized in writing by the superintendent of any unified school district or the chief administrator of any accredited nonpublic school; or

    (3)
    Possession of a firearm secured in a motor vehicle by a parent, guardian, custodian or someone authorized to act in such person's behalf who is delivering or collecting a student; or

    (4)
    Possession of a firearm secured in a motor vehicle by a registered voter who is on the school grounds, which contain a polling place for the purpose of voting during polling hours on an election day; or

    (5)
    Possession of a handgun by an individual who is licensed by the attorney general to carry a concealed handgun under K.S.A. 75-7c01 et seq., and amendments thereto.

    (h)
    The holder of a private security officer firearm permit shall carry a firearm while actually engaged in the performance of transporting an employer or their agent directly to and from a financial institute or as allowed by section 19-118 of this Code. The holder of a private security officer permit shall be allowed to carry only those intermediate weapons approved for use by law enforcement officers with the city police department.

    (i)
    It shall be a defense that the defendant is within an exemption.

    (j)
    No person shall unlawfully use weapons as defined herein. Any person unlawfully using weapons, as defined herein, shall, upon conviction thereof, be deemed guilty of a class A violation. In addition to the penalty for the violation of this section, it shall be the duty of the municipal judge to order such weapon to be forfeited to the unified government. The same shall be destroyed, retained for use by the police department or sold by the chief of police whenever the weapon is no longer needed for evidence.

    (Code 1964, § 39-3; Code 1988, § 22-106; Ord. No. 64772, §§ 1—6, 12-27-1984; Ord. No. 65357, § 1, 10-6-1988; Ord. No. 65498, § 41, 1-4-1990; Ord. No. 65883, § 17, 3-10-1994; Ord. No. 65924, § 1, 7-21-1994; Ord. No. 66173, § 8, 11-7-1996; Ord. No. O-51-04, § 1, 7-8-2004; Ord. No. O-90-05, § 1, 12-1-2005; Ord. No. O-87-09, § 7, 11-5-2009; Ord. No. O-62-10, § 2, 11-4-2010)

    State law reference— Similar provisions, K.S.A. 21-4201.

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    We do have a state pre emption law

    12-16,124. Firearms and ammunition; regulation by city or county, limitations. (a) No city or county shall adopt any ordinance, resolution or regulation, and no agent of any city or county shall take any administrative action, governing the purchase, transfer, ownership, storage or transporting of firearms or ammunition, or any component or combination thereof. Except as provided in subsection (b) and subsection (a) of K.S.A. 2011 Supp. 75-7c11, and amendments thereto, any such ordinance, resolution or regulation adopted prior to the effective date of this 2007 act shall be null and void.

    (b) Nothing in this section shall:

    (1) Prohibit a law enforcement officer, as defined in K.S.A. 22-2202, and amendments thereto, from acting within the scope of such officer's duties;

    (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;

    (3) prohibit a city or county from regulating in any manner the carrying of any firearm in any jail, juvenile detention facility, prison, courthouse, courtroom or city hall; or

    (4) prohibit a city or county from adopting an ordinance, resolution or regulation requiring a firearm transported in any air, land or water vehicle to be unloaded and encased in a container which completely encloses the firearm or any less restrictive provision governing the transporting of firearms, provided such ordinance, resolution or regulation shall not apply to persons licensed under the personal and family protection act.

    (c) Except as provided in subsection (b) of this section and subsection (a) of K.S.A. 2011 Supp. 75-7c11, and amendments thereto, no person shall be prosecuted or convicted of a violation of any ordinance, resolution or regulation of a city or county which regulates the storage or transportation of a firearm if such person (1) is storing or transporting the firearm without violating any provision of the Kansas criminal code or (2) is otherwise transporting the firearm in a lawful manner.

    (d) No person shall be prosecuted under any ordinance, resolution or regulation for transporting a firearm in any air, land or water vehicle if the firearm is unloaded and encased in a container which completely encloses the firearm.

    Notice section (b) (2). The county can REGULATE the manner of openly carrying a loaded firearm. Regulation and prohibition are two different things. They even use the two words there at the same time, thus showing that the legislature knew the difference between them. The Kansas Attorney General's opinions back this up. The county ordinance is invalid, and has been since the original version of this law came out in 2007. All the amendments to this statute since then have made carrying, both open and concealed, easier to do, not harder. When cities said they would prohibit people with CCW's from carrying in parks and parking lots and such, the state amended the law to bar them from such actions, and strengthened the open carry provisions. I have been following this since it came out in 2007, but it is just now gaining steam.
    As Damiansar15 has suggested, we need to be pushing the Unified Govt on this, and some of us have. I work for the UG as a civilian in the PD, and I have pointed this out anytime a topic comes anywhere near it. The city and county attorneys are aware of it, but trust me, they won't change a thing until they lose a lawsuit or four. The PD is now training that open carry is legal if the gun is unloaded, and I have pointed out to them that the statute is clearly aimed at open loaded carry. I have spoken to several in the Sheriffs department, and most, but not all, agree that the county ordinance is invalid, and that open carry is legal. Of course there are always going to be a few slower ones, and they need to be educated. Court rooms can be great classrooms.
    I open carry, and I do it loaded. If anyone wants to join me, let me know. Currently all I do is go on walks in my own neighborhood, but I would be more than willing to find a business that is OC friendly, and be the point man on having an OC lunch or dinner.
    Grimjack

  16. #16
    Regular Member Mr.40's Avatar
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    This has nothing to do with kcks, but we have a family farm in lynden ks and I'm taking the family down next weekend. I called the city clerk and asked what the city ordinances are there and she said I would have to come into city hall to see them. Well due to the fact we arrive later Friday evening and leave on Sunday I won't be able to see them. She then told me she would have the chief of police call me. I just got off of the phone with him and there is no ordinance against open carry and he recognized the state law BUT asked me why I would want to carry open and possibly cause a scene. My response was that I would just be excersising my rights. He was polite and knew the laws but obviously was against me carrying in a small town of 1,000..anyway just wanted to share.

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  17. #17
    Regular Member Mr.40's Avatar
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    Should I take the chiefs word for it or not?

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    Open Carry Test Case

    Mr.40

    You’re a patriot!

    I am giving you my honest advice it is against the law to OC in Wyandotte county. (yes the ordinance is invalid because of state law but you still can be arrested)

    That being said if you’re willing to be our test case we would be grateful but that is up to you.

    If you get cited and brought to jail please contact me and I will help all I can. Send me PM with your phone number and I will call you back with my number.

    God Speed

    Marine0300

  19. #19
    Regular Member Mr.40's Avatar
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    Sorry for the confusion, I didn't know where to post. I was talking about south of topeka in lynden Kansas...I don't know if I have the nuggets to try in kcks..but I might do some more talking to people about bonner and edwardsville and try there soon.

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  20. #20
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    Lyndon

    Don’t ask the clerk about open carry they aren’t’ lawyers. Just ask for a copy of the weapons ordinance. If it doesn’t say anything about OC than it reverts to state law and is legal.

    The best ordinances are the ones that say nothing about OC.

    Please make a copy and post the ordinance on a new thread about Lyndon so we all can benefit from the documentation. I would be surprised if they weren’t OC.

    Have a great week,

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