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Thread: Emporia Oc Friendly??

  1. #1
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    Emporia Oc Friendly??

    Coming to Emporia KS for a couple week visit(deer Hunt). From what I have read and understand OC is legal and good to go except for a few citys none of which I will be in.

    Can any of you Kansas expert pleasae verify that I am correct in my interpretation and that Emporia Witchata Topeka area is all OC friendly now

    Thanks
    ch

  2. #2
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    Unloaded Open Carry

    Emporia is unloaded open carry. (which is against state law) (the county should be OC) click on the link below and go to city ordinances then to article XI crimes against the public safety division 2 weapons sec 16-276

    http://www.emporia-kansas.gov/index.php/government

    Sec. 16-276. Unlawful Use Of Weapons:

    (a)Unlawful use of weapons is knowingly:

    (1) Selling, manufacturing, purchasing, possessing or carrying any bludgeon, nunchaku, sandclub, metal knuckles 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; except this subsection shall not prohibit any ordinary pocketknife 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 pocketknife with no blade more than four inches (4") 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 concealed on the person, or a loaded pistol, revolver or other firearm unconcealed on the person, except when on his land or in his 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), (a)(2), (a)(3), and (a)(4) 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 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 subsections (b)(1) through (b)(3) of this section to possess such weapons.

    (c)Subsection (a)(4) of this section shall 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; or

    (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.

    (5) Any person licensed to carry concealed in the state of Kansas.

    (d)Subsections (a)(1) and (a)(6) 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, has been so registered in the transferee's name by the transferor.

    (e)For the purposes of this section:

    Bludgeon: A short stick or heavy club usually having one thick, loaded or weighted end by metal or some other substance and is used as a weapon.

    Nunchaku: A hand generated striking weapon, consisting at the striking end of a piece of wood, metal, or other hard substance and connected to the handle end by a strap, chain or spring type shaft which increases the force or impact.

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

    (g)Unlawful use of weapons is a class B misdemeanor. (1962 Code, § 15-306; Ord. 839, § 1, 6-15-1977; Ord. 1019, § 1, 10-1-1980; Ord. 06-40, § 1, 12-20-2006; Ord. 10-18, § 1, 7-21-2010)
    Last edited by marine0300; 11-03-2012 at 08:32 PM.

  3. #3
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    Wichita and Topeka are both loaded open carry

    Welcome to Kansas!

    Hopefully open carry will be fixed in the legislature this year?!
    Last edited by marine0300; 11-03-2012 at 08:32 PM.

  4. #4
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    Preemption

    Would not the preemption law take precidence over this illegal law, or is this one of those that has to challenged in a lawsuit to make them comply?? Seems strange to me that each little town has to be forced to comply with state law,, where is the State AG on all of this

    Thanks Marine for the info I would have been in trouble for sure or fighting a long distance lawsuit

    cch

  5. #5
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    Love Kansas

    Love spendin time in Kansas couple visits a year to Emporia huntin and fishinand partyin and a good bit in North Central Bird Huntin

    Marine since you seem to know a great deal about these laws ,,,,Is there a reason why the State hasn't made these small towns comply,
    You mentioned it might get fixed this year,, Is that dependant on the elction or just new laws for compliance??

    Thanks again

  6. #6
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    There is no pre emption. That is the problem. Just a ruling from the AG saying cities cannot ban it, but can restrict the manner of OC. I put a letter to the AG tonight, asking about pre emption. I sent a letter to my state rep. and sen. regarding sponsoring/supporting OC pre emption in the state. We are dealing with out right bans of OC in the KC metro on the KS side. Unfortunately, CCW is your best bet, if you can. Just watch for approved signage.

  7. #7
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    I don’t have time to explain right now but your wrong.

    The open carry law like the concealed carry law is preempted.

    Cities cannot ban law abiding citizens 18 & above from open carrying a loaded firearm on property open to the public.

    Finally you don’t know what is going on behind the scenes and for that I apologize to everyone.

    All will unfold soon

  8. #8
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    Again Marine thanks for the info hope whats goin on solves the problems

    Asked a friend in Emporia to ask his city reps about this and haven't heard back yet

    will be there in two weeks and won't carry YET

  9. #9
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    Quote Originally Posted by marine0300 View Post
    I don’t have time to explain right now but your wrong.

    The open carry law like the concealed carry law is preempted.

    Cities cannot ban law abiding citizens 18 & above from open carrying a loaded firearm on property open to the public.

    Finally you don’t know what is going on behind the scenes and for that I apologize to everyone.

    All will unfold soon
    Gotcha, that is how I understood it. Damn legal speak. Do I need to stop with my emails?

  10. #10
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    No i need you to show up on the 14th in Overland Park with about five of your friends!

    thanks for your support of the 2nd Amendment!!

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