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Is the AG BS-ing on paper?

Seif5034

Regular Member
Joined
Jan 24, 2008
Messages
169
Location
Hickory, MS
So as many of you are aware at this point the Kansas Bill of Rights section 4 reads:
______________________________________________________________________________________________________________________________________
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.
 
Last edited:

marine0300

Regular Member
Joined
Nov 14, 2008
Messages
367
Location
Topeka, Kansas, USA
KS Right to Bear Arms

For the interest of accuracy the Right to Bear Arms language was amended in the KS constitution a couple of years ago with a record setting 89.9% of Kansan’s in Favor.

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.

Thank you for your post and I believed any reasonable person on this forum agrees with you. We are currently challenging Overland Park and Wyandotte County, KCK. Hopefully in September or October Overland Park might have some resolutions.

Keep the faith and stay actively challenging OC bans
 
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