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Thread: Leawood Open Carry Ban Officially Challenged

  1. #1
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    Leawood Open Carry Ban Officially Challenged

    The Libertarian Party of KS has officially challenged Leawood’s open carry ban.

    Remember Johnson County Frank Denning won’t enforce Leawood’s ban on open carry. Remind them!

    If you live, work, or have dealings with Leawood please contact the Mayor and Council urging them to review their weapons ordinance and make changes that comply with state law and constitutional mandates.

    Remind them that there have been two KS Attorney General Opinions dealing with open carry and that Wichita and Overland Park recently changed their ordinances to comply with those opinions and state law.

    Please remember to be completely professional and respectful in your communications with our elected officials.


    Mayor Peggy Dunn peggyd@leawood.org 913-491-6514
    Ward 1
    Debra Filla debraf@leawood.org 913-381-7513
    Andrew Osman andrewo@leawood.org 913-707-0420
    Ward 2
    Jim Rawlings jimr@leawood.org 913-341-1854
    Louis Rasmussen lour@leawood.org 913-648-3642
    Ward 3
    Gary L. Bussing garyb@leawood.org 913-469-0557
    Carrie Rezac carrier@leawood.org 913-402-6999
    Ward 4
    Julie Cain jcain@leawood.org 913-681-3090
    James Azeltine jamesa@leawood.org 913-897-7963


    Email all council members at once council@leawood.org

    http://www.leawood.org/

    CHAPTER XI. PUBLIC OFFENSES
    ARTICLE 1. UNIFORM PUBLIC OFFENSE CODE [UPOC]
    11-101 UNIFORM CODE INCORPORATED
    SECTIONS
    11-102 ANTI-SCAVENGER
    11-103 CRIMINAL USE OF WEAPONS
    11-104 AIR GUN, AIR RIFLE, PAINTBALL GUN, BOW AND ARROW, SLINGSHOT OR BB GUN
    11-105 BARBED WIRE
    11-105A SMOKING- DELETED AND OMITTED
    11-106 DELETED AND OMITTED
    11-107 CRIMINAL LITTERING
    11-108 DIRT BIKES, TRAIL BIKES ALL TERRAIN VEHICLES PROHIBITED
    11-109 BATTERY- REPEALED- [SEE UNIFORM PUBLIC OFFENSE CODE]
    ARTICLE 1. UNIFORM PUBLIC OFFENSE CODE [UPOC]
    11-101. UNIFORM CODE INCORPORATED. There is hereby incorporated by reference the "Uniform Public Offense Code for Kansas Cities", 2011 Edition, prepared and published by the League of Kansas Municipalities, save and except such articles, sections, parts or portions as are hereafter omitted, deleted, modified or changed, such incorporation being authorized by K.S.A. § 12-3009 through §12-3012, inclusive, as amended. No fewer than three copies of said uniform ordinance shall be marked or stamped "Official Copy as Incorporated by Ordinance No. 2515", with all sections or portions thereof intended to be omitted or changed clearly marked to show any such omission or change and to which shall be attached a copy of this ordinance, and filed with the City Clerk to be open to inspection and available to the public at all reasonable hours.
    (Code 2000)
    (Ord. 1904C; 08-06-01)
    (Ord. 1958C; 11-04-02)
    (Ord. 2023C;09-15-03)
    (Ord. 2083C; 09-20-04)
    (Ord. 2137C; 11-07-05)
    (Ord. 2193C;11-06-06)
    (Ord. 2304C; 02-04-08)
    (Ord. 2351C; 10-06-08)
    (Ord. 2418C; 11-02-09)
    (Ord. 2463C; 09-20-10)
    (Ord. 2515C; 10-17-11)
    11-102. ANTI-SCAVENGER. It shall be unlawful for any person not licensed by the City and not under contract with the owner or occupant, to remove from private property or public right-of-way any recyclable item which has been placed by the occupant for collection by a person holding a permit to collect solid waste; provided, however, that this section shall not apply to law enforcement officers and other City employees acting in accordance with law.
    (Ord. 1161C; 05-07-90)
    (Code 2000)
    (Ord. 1895C; 06-18-01)
    (Ord. 1958C; 11-04-02)
    (Ord. 2023C; 09-15-03)
    (Ord. 2083C; 09-20-04)
    (Ord. 2137C; 11-07-05)
    (Ord. 2149C; 01-03-06)
    (Ord. 2193C; 11-06-06)
    (Ord. 2304C; 02-04-08)
    (Ord. 2351C; 10-06-08)
    (Ord. 2418C; 11-02-09)
    (Ord. 2463C; 09-20-10)
    (Ord. 2515C; 10-17-11)
    11-103. CRIMINAL USE OF WEAPONS
    (a) Criminal use of weapons is knowingly:
    1. Selling, manufacturing, purchasing, possessing or carrying any bludgeon, sandclub, metal knuckles, throwing star, or 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. This subsection shall not prohibit any ordinary pocket knife, which has a spring, detent or other device which creates a bias towards closure of the blade and which requires hand pressure applied to such spring, detent or device through the blade of the knife to overcome the bias towards closure to assist in the opening of the knife;
    2. Carrying concealed on one's person, or possessing with intent to use the same unlawfully against another, a dagger, dirk, billy, blackjack, slingshot, dangerous knife, straight-edged razor, stiletto or any other dangerous or deadly weapon or instrument of like character, except that an ordinary pocket knife with no blade more than four inches in length shall not be construed to be a dangerous knife, or a dangerous or deadly weapon or instrument;
    3. Carrying 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 any pistol, revolver or other firearm:
    (a) concealed on one's person except when on the person's land or in the person's abode or fixed place of business, or when the person is licensed under the Personal and Family Protection Act of Kansas and such carrying is expressly authorized and permitted by such license and not otherwise prohibited by law;
    (b) openly or visibly on the person at any place open to public view;
    5. Transporting any firearm in an occupied motor vehicle, unless such firearm is unloaded and encased in a container which completely encloses the firearm;,
    6. Setting a spring gun.
    (b) Subsections (a) (1), (2), (3), (4) and (5) 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 officer;
    2. Wardens, superintendents, directors, security personnel and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of crime, while acting within the scope of their authority;
    3. Members of the armed services or reserve forces of the United States or the Kansas National Guard while in the performance of their official duty; or
    4. Manufacture of, transportation to, or sale of weapons to a person authorized under (B) (1) through (B)(3) of this section to possess such weapons.
    (c ) Subsection (a)(4) and (A)(5) do not apply to or affect the following:
    1. Watchmen, while actually engaged in the performance of the duties of their employment;
    2. Licensed hunters while engaged in hunting;
    3. Private detectives licensed by the state to carry the firearm involved, while actually engaged in the duties of their employment;
    4. Detectives or special agents regularly employed by railroad companies or other corporations to perform full-time security or investigative service, while actually engaged in the duties of their employment; or
    5. The state fire marshal, the state fire marshal’s deputies or member of a fire department authorized to carry a firearm pursuant to K.S.A. Supp. 31-157 and amendments thereto, 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 and amendments thereto.
    6. Special deputy sheriffs in counties over 100,000 population who have satisfactorily completed the basic course of instruction required for permanent appointment as a part-time law enforcement officer.
    7. The United States attorney for the District of Kansas, the attorney general, any district attorney or county attorney, 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 or assistant county attorney if authorized by the district attorney or county attorney by whom such assistant is employed. The provisions of this paragraph shall not apply to any person not in compliance with K.S.A. 75-7c01through 75-7c17.
    (d) Subsection (a)(1) 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 U.S.C. 5841 et seq. in the name of such person and, if such person transfers such firearm, device or attachment to another person, has been so registered in the transferee's name by the transferor.
    (e) Subsections (a)(4) and (a)(5) shall not apply to any person carrying or transporting 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 Ordinance if a person violates the provisions of K.S.A. Supp. 75-7c03, but has an otherwise valid license to carry a concealed handgun which is issued or recognized by the State of Kansas.
    (f) It shall be a defense that the defendant is within an exemption under K.S.A. 12-16,124 or K.S.A. 21-4201 as amended.
    (g) Violation of this section is a Class A violation.
    (Ord.1797C; 5-17-99)
    (Code 2000)
    (Ord. 1904C; 08-06-01)
    (Ord. 1958C; 11-04-02)
    (Ord. 2023C;09-15-03)
    (Ord. 2083C; 09-20-04)
    (Ord. 2137C; 11-07-05)
    (Ord. 2193C; 11-06-06)
    (Ord. 2230C; 05-21-07)
    (Ord. 2304C; 02-04-08)
    (Ord. 2351C; 10-06-08)
    (Ord. 2418C; 11-02-09)
    (Ord. 2463C; 09-20-10)
    (Ord. 2515C; 10-17-11)
    11-104. AIR GUN, AIR RIFLE, PAINTBALL GUN, BOW AND ARROW, SLINGSHOT OR BB GUN
    (a) The unlawful operation of an air gun, air rifle, paintball gun, bow and arrow, slingshot or BB gun is the shooting, discharging or operating of any air gun, air rifle, paintball gun, bow and arrow, slingshot or BB gun, within the city, except within the confines of a building or other structure from which the projectiles cannot escape.
    Unlawful operation of an air gun, air rifle, paintball gun, bow and arrow, slingshot or BB gun is a Class C violation.
    (b) The unlawful possession of an air gun, air rifle, paintball gun, bow and arrow, slingshot or BB gun is the possession of an air gun, air rifle, paintball gun, bow and arrow, slingshot or BB gun with the intent to shoot, discharge, or operate the air gun, air rifle, paintball gun, bow and arrow, slingshot or BB gun within the city, except within the confines of a building or other structure from which the projectiles cannot escape.
    Unlawful possession of an air gun, air rifle, paintball gun, bow and arrow, slingshot or BB gun is a Class C violation.
    (Ord. 1797C; 5-17-99)
    (Code 2000)
    (Ord. 1958C; 11-04-02)
    (Ord. 2023C; 09-15-03)
    (ord. 2083C; 09-20-04)
    (Ord. 2137C; 11-07-05)
    (Ord. 2193C; 11-06-06)
    (Ord. 2304C; 02-04-08)
    (Ord. 2351C; 10-06-08)
    (Ord. 2418C; 11-02-09)
    (Ord. 2463C; 09-20-10)
    (Ord. 2515C; 10-17-11)
    11-105.

  2. #2
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    Leawood's not going to budge on its "open carry" ban. It figures.

  3. #3
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    Thank God you don't speak for or lead the open carry movement in Kansas!

  4. #4
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    Quote Originally Posted by marine0300 View Post
    Thank God you don't speak for or lead the open carry movement in Kansas!
    With all due respect, I want the open carry ban lifted just as much as the next person does. I cherish the rights to carry my gun just as much as the next "open carrier" does. I may not lead or speak for you all, but I want to see this ban lifted as much as anyone else does.

  5. #5
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    no one thought Wichita or Overland Park would lift thier bans either.

    Think Differently
    Last edited by marine0300; 10-13-2012 at 12:59 PM.

  6. #6
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    The only reason why the Overland Park City Council "caved" to Open carry was because they didn't want to make a fight of it in court.. That's the only reason.

  7. #7
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    Duuuuuuuu!!!

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