Seif5034
Regular Member
So as many of you are aware at this point the Kansas Bill of Rights section 4 reads:
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Correction. Thanks Marine
4. Kansas Bill of Rights
Right to Bear Arms
Sec, 4. 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.
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The current AG's opinion reads:
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March 11, 2011
ATTORNEY GENERAL OPINION NO. 2011- 006
The Honorable Lana Gordon
State Representative, 52nd District
300 SW 10th Avenue
Topeka, Kansas 66612
Re: Cities and Municipalities—Miscellaneous Provisions—Firearms and
Ammunition; Regulation by City or County, Limitations; Openly Carrying a
Loaded Firearm.
Synopsis: A city or county may regulate the manner of openly carrying a loaded
firearm on the person of a concealed carry permit holder. A city or county
may regulate the manner of openly carrying a loaded firearm on the
person of a non-holder of a concealed carry permit holder. A city or
county may regulate the manner of openly carrying a loaded firearm in the
immediate control of a non-holder of a concealed carry permit holder,
whether on public or private property. A city or county may not regulate
the manner of openly carrying a loaded firearm in the immediate control of
a holder of a concealed carry permit when such holder is on public
property. Cited herein: K.S.A. 2010 Supp. 12-16,124.
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So....Let me get this straight. The US constitution gives us the right to bear arms. The KS state Bill of Rights also gives the right to bear arms for the purposes of defense and security. The AG opines that city and county governments are allowed to regulate loaded open carry if the person carrying is not a license holder. Doesn't the state's Bill of Rights preempt the AG's opinion on this matter? Since the very act of carrying an "unloaded" firearm for the purposes of self defense is Null. That is, assuming the definition of "loaded firearm" means having any live ammunition in the magazine or chamber.
______________________________________________________________________________________________________________________________________
Correction. Thanks Marine
4. Kansas Bill of Rights
Right to Bear Arms
Sec, 4. 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.
______________________________________________________________________________________________________________________________________
The current AG's opinion reads:
__________________________________________________
March 11, 2011
ATTORNEY GENERAL OPINION NO. 2011- 006
The Honorable Lana Gordon
State Representative, 52nd District
300 SW 10th Avenue
Topeka, Kansas 66612
Re: Cities and Municipalities—Miscellaneous Provisions—Firearms and
Ammunition; Regulation by City or County, Limitations; Openly Carrying a
Loaded Firearm.
Synopsis: A city or county may regulate the manner of openly carrying a loaded
firearm on the person of a concealed carry permit holder. A city or county
may regulate the manner of openly carrying a loaded firearm on the
person of a non-holder of a concealed carry permit holder. A city or
county may regulate the manner of openly carrying a loaded firearm in the
immediate control of a non-holder of a concealed carry permit holder,
whether on public or private property. A city or county may not regulate
the manner of openly carrying a loaded firearm in the immediate control of
a holder of a concealed carry permit when such holder is on public
property. Cited herein: K.S.A. 2010 Supp. 12-16,124.
_________________________________________________________________
So....Let me get this straight. The US constitution gives us the right to bear arms. The KS state Bill of Rights also gives the right to bear arms for the purposes of defense and security. The AG opines that city and county governments are allowed to regulate loaded open carry if the person carrying is not a license holder. Doesn't the state's Bill of Rights preempt the AG's opinion on this matter? Since the very act of carrying an "unloaded" firearm for the purposes of self defense is Null. That is, assuming the definition of "loaded firearm" means having any live ammunition in the magazine or chamber.
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