Overland Park Public Safety Committee meeting on Open Carry November 14th 7:00pm City

Overland Park Public Safety Committee will have an open carry forum open to the public in City Hall at 85th & Antioch starting at 7pm, Wednesday November 14th

City Hall
8500 Santa Fe Drive
Overland Park, KS 66212

Map Quest:
http://mapq.st/SjtkeP

City of Overland Park web page information about the Public Safety Meeting
http://www.opkansas.org/news/overland-park-to-consider-amendment-to-open-carry/

Overland Park Mayor commenting on open carry
http://www.youtube.com/watch?v=DbqJfufKj5Y&feature=relmfu

The Libertarian Party of Kansas is asking all gun right advocates who live in Overland Park, surrounding cities and or have dealings every day in OP to please show up in support of the 2nd Amendment. The public will be able to speak and no reservation is necessary. Just show up and you can speak if you want too. If you don’t want to speak, which is ok, please show up in support!

Anti-gun folks went crazy after Overland Park voted to allow open carry. This is why the city is having the forum to listen to the public and possibly pass that only concealed carry permit holders can open carry. Well there are a lot of problems with the cities proposal. One KS state law allows for 18 year olds and above to open carry and our new constitutional amendment to the right to bear arms confirms this. We believe the city is preempted from doing anything with concealed carry permit holders and banning 18 to 20 year olds from open carrying. The city is promoting that current KS open carry law has no rules which is the farthest from the truth. Click on the link above

Please come to the meeting, bring a friend and ask your friend to bring someone. Also pass this information to as many people as possible.

In addition to showing up please email the Public Safety Committee your support of open carry. Email each of them same message. Please be professional, respectful and include your name and address. If you do I promise they will listen and probably reply back.

Dave Janson Ward 1 - 913-381-2318 dave.janson@opkansas.org

Curt Skoog Ward 2 - 913-381-1127 curt.skoog@opkansas.org

Donna Owens Ward 3 – 913-381-8711 donna.owens@opkansas.org

Fred Spears Ward 4 - 913-681-0142 fred.spears@opkansas.org

Dan Stock Ward 6 - 913-766-1878 dan.stock@opkansas.org

Committee Chair Jim Hix - 913-685-0890 jim.hix@opkansas.org

meeting is at City Hall & 85th & Antioch

I just spoke with the Public relations officer Gary Mason at the Overland Park Police Deptment. He says the OP web site was wrong and now has been fixed. There is sound problems at the Justice Center so that is why the city is moving the meeting to City Hall @ 85th & Antioch.

They have updated the above link. Officer Mason is emailing the council to let them know the meeting is at City Hall at 85th & Anitioch.

My original post is correct.

We need people from the Kansas City metro to please show up!!

Rep. Kinzer, and Sen. Smith~



First off, I want to congratulate you on your election victories. It was a pleasure to support both of you. I hope that both of you will serve with great purpose for the benefit of us in your districts. I am writing you both in regards to the open carry (OC) issues within the state, particularly here in metro Johnson Co. Overland Park has repealed their ban on OC, but many of the other cities, like Lenexa, Leawood, Roeland Park, KCK, etc....still have bans on OC. But, OP is looking to restrict OC. I have personally brought this to the Lenexa City Council at a meeting and through email. I received no responses to my email, though.

I sent an email to the AG, for some input. Below is what I sent:



It has come to my attention that recent changes to open carry(OC) in the state have prompted some cities to remove their bans on OC, in favor of restricting manner of carry. Overland Park is in the process of amending their manner of restricting OC. Overland Park Public Safety Committee will have an open carry forum open to the public in City Hall at 85th & Antioch starting at 7pm, Wednesday November 14th:

City Hall

8500 Santa Fe Drive

Overland Park, KS 66212

It is presumed that they are going to restrict it along the lines of having a CHL. Is it legal for them to do this, essentially license OC, with similar requirement to obtain CHL, ie.....training, qualification, etc...? I know that getting a pre-emption at the state level is the best way to prevent this. Would it be possible for someone from the AG's office to attend this meeting? I know that there was plenty of confusion at the initial meeting regarding CCW statutes, maybe even with OP PD. If they pass such restrictions, I am sure it would be challenged in court. Where would the AG stand in this situation. I am in the process of writing the public safety committee, to express my dissatisfaction with this. I am a firm believer in the right of people to bear arms, which is granted in the Constitution of the United States of America, as well as, the Constitution of the Great State of Kansas. I know many people who feel that getting a CHL is burdensome, and are against it for whatever reason,(cost, personal beliefs, etc...)So, OC is a hassle free, no cost alternative to assert their 2ND Amendment rights.

Another question as to signage. Would proper CCW prohibition signage be legal signage for prohibiting OC?





I would like to get input from both of you on this situation. I am all in to support legal action against OP if they put additional restriction in place. Would you two sponsor/support legislation to get pre-emption for OC at the state level, thus eliminating a patchwork of laws that vary by city? I know it would be a lot to ask, but could you attend the committee meeting? I would not expect either of you to provide input unless you feel comfortable. I know you both support the 2ND Amendment and I think OC is a fundamental right to this. I will not be there but know of others that will be attending to oppose any changes. I plan on writing the public safety committee about this, since I cannot attend.



Thank you so much for your time and attention to this matter.

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I sent this to my reps. I am in the process of putting a letter together for the committee. I have reached out to friends but don't know if they will attend.

There has been one change to the Public Safety meeting for those who want to speak.

You have to be at the meeting by 7pm and sign a sheet that you want to speak. If you arrive after 7pm and have not signed the sheet you won’t be allowed to speak

Link to agenda which is listed below:

http://www.opkansas.org/city-govern...mmittees/public-safety-committee-ps/?&redir=1


Public Safety Committee Meeting
November 14, 2012
ACTION ITEM: Open Carry Restrictions
POLICY ISSUE: Whether to adopt further restrictions on the right to open carry a handgun.
STAFF RECOMMENDATION: None.
BACKGROUND:
In September 2012, the governing body adopted Ordinance No. POC-2971 which
authorized the open carrying of handguns, subject to regulatory restrictions that the firearm be
carried in a holster, with the safety engaged (if so equipped) and that the firearm be kept in the
immediate control of the carrier at all times. That ordinance took effect on October 2, 2012. The
law department has been asked to review possible additional reasonable regulations regarding the
open carry of firearms that would, like the current concealed carry state law, provide regulatory
standards that address legitimate public safety issues.
While a legal challenge could result, it is the law department’s opinion that one possible
approach to achieving such a reasonable public safety goal would be to limit open carry to those
persons who are licensed to carry a concealed firearm pursuant to the Personal and Family
Protection Act (PFPA), K.S.A. 75-7c01 through 75-7c27, and amendments thereto. In other
words, open carry of firearms in the City would be limited to those persons who possess a
concealed carry handgun (CCH) permit or who are entitled to concealed carry under a reciprocal
state's permit.
In order to obtain a CCH permit, persons must be:
21 years of age;
A citizen of the United States, a permanent resident alien or an eligible non-immigrant
alien;
A resident of the State of Kansas with a valid driver’s license or state-issued
identification card, or residing in Kansas while serving on active duty in the military; and
A resident of the county where applying.
Prerequisites to obtaining a concealed carry permit require applicants to:
Complete an 8-hour weapons safety and training course and obtain a certificate of
completion from a certified trainer; and
Submit to a fingerprint-based background check.
The PFPA disqualifies the following persons from obtaining a CCH permitublic Safety Committee – November 14, 2012
Staff Comments – Open Carry Restrictions
Page 2
A fugitive from justice.
Under charges or indictment for a felony or any other offense that could result in a prison
term of more than one year.
Convicted in court of a felony, or any other crime, for which the sentence could be
imprisonment for more than one year.
Convicted in any court of a misdemeanor crime of domestic violence.
Subject to a court order restraining from harassing, stalking or threatening a child,
intimate partner or the child of an intimate partner.
Arrested, convicted, addicted or unlawfully using controlled substances, including
marijuana or any other depressant, stimulant or narcotic drugs.
Adjudicated mental defect or committed to a mental institution.
Discharged from the armed forces under dishonorable conditions.
Renounced U.S. citizens.
Illegally or unlawfully residing in the United States.
These disqualifications basically mirror statutory provisions in federal law that prohibit certain
persons from obtaining or possessing firearms. See 18 U.S.C. § 922. It should be noted this type
of regulatory scheme has recently been enacted as a state law in Oklahoma.
Because under current state law, the CCH act requires concealed carry holders to be 21
years of age, adopting an ordinance that requires the possession of a state issued CCH permit,
would in effect prohibit persons between 18 and 21 years of age from openly carrying a firearm.
While there are legitimate public safety reasons for not permitting 18-20 year olds from openly
carrying firearms, to do so would likely result in a legal challenge and the risks associated with
such litigation. Based on discussions with the Chief of Police and other members of the staff,
should the governing body desire that 18-20 year old persons have a right to open carry a
firearm, an ordinance provision could be crafted that would implement a City open carry
regulatory process for such under-aged persons that will mirror the requirements of the state
concealed carry process.

bump to keep info current

bump to keep info current

This will be interesting to say the least. I might actually consider going there to speak.

please speak! and bring a friend. We have to stand up for our rights.

I'll see ya tonight

The lady and I will be there to show our suport. would it help at all if somone put this on the missouri side for suport?

I'm going.

We are watching this here in Oklahoma. Please keep us posted on what happens.

Thank you for everyone’s support. I will write more later.

The Overland Park safety committee decided not to recommend to full council to allow only concealed carry permit holders to open carry but they did decide to seek an attorney general’s opinion on what they wanted to do.

We are treating this as a victory! The AG’s opinion is what the Libertarians have been pointing out from the beginning.

The law and truth prevailed.

Bottom line law abiding citizens 18 & up can still open carry in Overland Park!

Good to see that the Constitution prevailed.
Speaking of which...

the right of people to bear arms, which is granted in the Constitution

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It's enumerated in & protected by the Constitution,
but nothing "grants" any right - it's preexisting, natural, inherent.
Anything that can be granted can be taken away.

okiebryan said:

We are watching this here in Oklahoma. Please keep us posted on what happens.

Click to expand...

Catching up, reading this in Woodward.