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Prairie Village Open Carry Ban Officially Challenged

marine0300

Regular Member
Joined
Nov 14, 2008
Messages
367
Location
Topeka, Kansas, USA
The Libertarian Party of KS has officially challenged Prairie Village’s open carry ban.

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

If you live, work, or have dealings with Prairie Village’s 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 Ronald Shaffer mayor@pvkansas.com (913) 831-0907

Ward 1
Ashley Weaver aweaver@pvkansas.com (913) 403-9154
Dale Warman dwarman@pvkansas.com (913) 236-9730
Ward 2
Steve Noll snoll@pvkansas.com (913) 262-1560
Ruth Hopkins rhopkins@pvkansas.com (913) 384-0165
Ward 3
Michael Kelly mkelly@pvkansas.com (913) 461-7644
Andrew Wang awang@pvkansas.com (913) 671-8404
Ward 4
Laura Wassmer lwassmer@pvkansas.com (913) 648-8379
Brooke Morehead bmorehead@pvkansas.com (913) 642-4793
Ward 5
David Morrison dmorrison@pvkansas.com (913) 649-6592
Charles Clark cclark@pvkansas.com (913) 341-1109
Ward 6
David Belz dbelz@pvkansas.com No # listed
Ted Odell todell@pvkansas.com (913) 575-9068

http://pvkansas.com/

CHAPTER XI. PUBLIC OFFENSES & TRAFFIC
Article 1. Uniform Offense Code
Article 2. Local Regulations
Article 3. Drugs
Article 4. Smoking
Article 5. Criminal Littering
Article 6. Standard Traffic Ordinance
Article 7. Local Traffic Regulations
Article 8. Towing Regulations
Article 9. Hazardous Materials
Article 10. Parades
Article 11. Street Race Contests
Article 12. Temporary Parking of Construction Equipment Vehicles
Article 13. Restricted Residential Parking
_________________________
ARTICLE 1. UNIFORM OFFENSE CODE
11-101. INCORPORATING UNIFORM PUBLIC OFFENSE CODE. There is hereby
incorporated by reference for the purpose of regulating public offenses within the
corporate limits of the City of Prairie Village, Kansas, that certain code known as the
"Uniform Public Offense Code," edition of 2011, prepared and published in book form
by the League of Kansas Municipalities, Topeka, Kansas, with certain sections
deleted and with additional and supplemental sections, such incorporations being
authorized by K.S.A. §12-3301 and 12-3302 and K.S.A. §12-3009 through 12-3012.
No fewer than three copies of said Uniform Public Offense Code shall be marked or
stamped, “Official Copy as Incorporated by the Code of the City of Prairie Village,
Kansas” with such additional sections clearly marked and filed with the City Clerk to
be open to inspection and available to the public at all reasonable hours. (Ord. 2069,
Sec. 1, 2004; Ord. 2085, Sec. 1, 2004; Ord. 2102, Sec. 1, 2005; Ord. 2136, Sec. 1,
2006; Ord. 2158, Sec. 1, 2007; Ord. 2177, Sec. 1, 2008; Ord. 2210, Sec. 1, 2009;
Ord. 2232, Sec. 1, 2010; Ord. 2240, Sec. 1, 2011)
11-102. UNIFORM PUBLIC OFFENSE CODE; ADDITIONS. Article 5 of the Uniform
Public Offense Code is hereby amended by deleting existing Section 5.6 inserting in
place thereof the following:

Section 10.1 Criminal Use of Weapons.
(a) Criminal use of weapons is knowingly:
(1) Selling, manufacturing, purchasing, possessing or carrying any bludgeon,
sandclub, metal knuckles or throwing star, or any knife, commonly
referred to as a switch-blade, 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, slung
shot, 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
11-5
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, shotgun, rifle or other firearm with similar
characteristics, concealed or exposed on or about the person, or in or on
any part or area of any air, land or water vehicle unless the pistol, revolver
or other firearm is unloaded and encased in a container that completely
encloses the pistol, revolver or other firearm, except when on the person’s
land or in the person’s abode or fixed place of business;
(5) Setting a spring gun;
(6) Possessing any device or attachment of any kind designed, used or
intended for use in silencing the report of any firearm.
(b) Subsections (a) (1), (2), (3) and (4) shall not apply to or affect any of the
following:
(1) Law enforcement officers or any person summoned by an officer to assist
in making arrests or preserving the peace, while actually engaged in
assisting that 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 crimes, 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) does not apply to or affect the following:
(1) Watchmen, while actually engaged in the performance of the duties of
their employment;
(2) Licensed hunters or fishermen, while engaged in hunting or fishing;
(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 any 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 the fire marshal, deputy or member is authorized to carry a firearm
pursuant to K.S.A. 31-157 and amendments thereto.
(d) Subsections (a)(1) and (6) 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 that 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
that person and, if that person transfers that firearm, device or attachment to
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another person, 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 weapon as
authorized by K.S.A. Supp. 75-7c01 through 75-7c17.
(f) It shall be a defense that the defendant is within an exemption. (K.S.A. 21-
4201)
(g) Violation of this section is a Class A violation.
(Ord. 2069, Sec. 5, 2004; Ord. 2085, Sec. 5, 2004; Ord. 2102, Sec. 6, 2005; Ord.
2136, Sec. 6, 2006; Ord. 2158, Sec. 6, 2007; Ord. 2177, Sec. 6, 2008; Ord. 2210, Sec.
7, 2009; Ord. 2232, Sec. 7, 2010; Ord. 2240, Sec. 7, 2011)
Section 10.1.1 Concealed Carry; Where Prohibited.
(a) No license issued pursuant to Chapter 32 of the 2006 Session Laws of Kansas
shall authorize the licensee to carry a concealed weapon into:
(1) Any place where an activity declared a common nuisance by K.S.A. 22-
3901, and amendments thereto, is maintained;
(2) Any police, sheriff, or highway patrol station;
(3) Any detention facility, prison, or jail;
(4) Any courthouse;
(5) Any courtroom, except that nothing in this section would preclude a judge
from carrying a concealed weapon or determining who will carry a
concealed weapon in the judge’s courtroom;
(6) Any polling place on the day an election is held;
(7) Any meeting of the governing body of a court, city, or other political or
taxing subdivision of the state, or any committee or subcommittee thereof;
(8) On the state fairgrounds;
(9) Any state office building;
(10) Any athletic event not related to or involving firearms which is sponsored
by a private or public elementary or secondary school or any private or
public institute of postsecondary education;
(11) Any professional athletic event not related or involving firearms;
(12) Any portion of a drinking establishment as defined by K.S.A. 41-2601, and
amendments thereto, except that this provision shall not apply to a
restaurant as defined by K.S.A. 41-2601, and amendments thereto;
(13) Any elementary or secondary school building or structure used for student
instruction or attendance;
(14) Any community college, college, or university facility;
(15) Any place where the carrying of firearms is prohibited by federal or state
law;
(16) Any child exchange and visitation center provided for in K.S.A. 75-720
and amendments thereto;
(17) Any community mental health center organized pursuant to K.S.A. 19-
4001 et seq., and amendments thereto; mental health clinic organized
pursuant to K.S.A. 65-211 et seq., and amendments thereto; psychiatric
hospital licensed under K.S.A. 75-3307b, and amendments thereto; or
state psychiatric hospital, as follows: Larned state hospital, Osawatomie
state hospital, or Rainbow mental health facility;
(18) Any city hall;
(19) Any public library operated by the state or political subdivision of the state;
11-7
(20) Any day care home or group day care home, as defined in Kansas
administrative regulation 28-4-113, or any preschool or childcare center,
as defined in Kansas administrative regulation 28-4-420; or
(21) Any church or temple.
(b) Violation of section is a Class A violation. (2006 Session Laws of Kansas,
Chapter 32)
(Ord. 2136, Sec. 6, 2006; Ord. 2158, Sec. 6, 2007; Ord. 2177, Sec. 6, 2008; Ord.
2210, Sec. 7, 2009; Ord. 2232, Sec. 7, 2010; Ord. 2240, Sec. 7, 2011)
10.1.2 Concealed Carry; Where Prohibited by Employers.
(a) Nothing in Chapter 32 of the 2006 Session Laws of Kansas shall be construed
to prevent:
(1) Any public or private employer from restricting or prohibiting in any
manner persons licensed under the act from carrying a concealed
weapon while on the premises of the employer’s business or while
engaged in the duties of the person’s employment by the employer; or
(2) Any entity owning or operating business premises open to the public from
restricting or prohibiting in any manner persons licensed under the act
from carrying a concealed weapon while on such premises, provided that
the premises are posted in a manner reasonably likely to come to the
attention of persons entering the premises, as premises where carrying a
concealed weapon is prohibited; or
(3) A property owner from restricting or prohibiting to any manner persons
licensed under the act from carrying a concealed weapon while on such
property provided that the premises are posted, in a manner reasonably
likely to come to the attention of persons entering the property where
carrying a concealed weapon is prohibited.
(b) Carrying a concealed weapon on premises in violation of any restriction or
prohibition allowed by subsection (a), or in violation of any restriction or
prohibition allowed by subsection (b) or (c) if the premises are posted as
required by such subsection, is a Class B violation. (2006 Session Laws of
Kansas, Chapter 32)
(Ord. 2136, Sec. 6, 2006; Ord. 2158, Sec. 6, 2007; Ord. 2177, Sec. 6, 2008; Ord.
2210, Sec. 7, 2009; Ord. 2232, Sec. 7, 2010; Ord. 2240, Sec. 7, 2011)
10.1.3 Concealed Carry; When Impaired. It is a Class A violation for a person
licensed pursuant to Chapter 32 of the 2006 Session Laws of Kansas to carry a
concealed weapon while under the influence of alcohol or drugs, or both. (2006
Session Laws of Kansas, Chapter 32)
(Ord. 2136, Sec. 6, 2006; Ord. 2158, Sec. 6, 2007; Ord. 2177, Sec. 6, 2008; Ord.
2210, Sec. 7, 2009; Ord. 2232, Sec. 7, 2010; Ord. 2240, Sec. 7, 2011)
11-108. SAME. Article 10 of the Uniform Public Offense Code is hereby amended to
delete sections 10.24 Smoking Prohibited, 10.25, Smoking-Posted Premises and
10.26, Smoking Prohibited-Penalties and supplemented to add the following
provisions:
 
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