Fraternal Oder of Police supports banning open carry in vehicles
Topeka Capital Journal
Fraternal Oder of Police supports banning open carry in vehicles
Last edited by marine0300; 11-06-2013 at 07:23 PM.
Greeting everyone: Here we go again!
The City Council will consider banning the open carry of firearms by law abiding citizens in Topeka. Below is an email I sent the council and city leadership advocating against changing the current city ordinance.
I would be grateful if you could email the council requesting they not follow through with the ban of open carry of loaded firearms in vehicles. If you know someone who is pro 2nd Amendment or a constitutionalist please forward this email and ask them to send a message to the council
If they enact an open carry ban in vehicles it will not make things safer for anyone. Below I argue it will make things less safe.
email@example.com Mayor of Topeka Larry Wolgast
firstname.lastname@example.org This email will go to every member of the council
email@example.com City Manager Jim Colson
rmiller@Topeka.org Chief Ron Miller
2nd Amendment Chair
Libertarian Party of KS
From: Earl McIntosh [mailto:firstname.lastname@example.org]
Sent: Wednesday, November 06, 2013 2:34 PM
To: 'email@example.com'; firstname.lastname@example.org; 'email@example.com'; Ronald Miller (rmiller@Topeka.org); 'firstname.lastname@example.org'; 'email@example.com'
Subject: Topeka Open Carry in vehicles Ban
Greetings: Mr. Mayor, City Council, City Manager Jim Colson, & Chief Ron Miller,
Open carry is legal in Kansas and municipalities canít ban it on property open to the public. But they can restrict it in a car.
If you restrict open carry in vehicles it wonít change or make things safer. Per state law you canít regulate unloaded firearms at all confirmed by three recent attorney general opinions. I can still keep my firearm in a sandwich bag right next to me with the magazine next to it or in my pocket on the front seat.
This is how state law defines open carry in a vehicle:
KSA 12-16, 124
(b) Nothing in this section shall:
(4) prohibit a city or county from adopting an ordinance, resolution or regulation requiring a firearm transported in any air, land or water vehicle to be unloaded and encased in a container which completely encloses the firearm or any less restrictive provision governing the transporting of firearms, provided such ordinance, resolution or regulation shall not apply to persons licensed under the personal and family protection act.
Here is what I see as a problem:
1- 18 to 20 yr olds cannot get a permit
2- People having to load and unload every time they get in and out of a vehicle. That is improper handling of a firearm. Old people and physically handicapped people may not be able to load and unload safely.
3- Uniformity! The lack of uniformity. Shawnee county allows open carry in vehicles and if they ban in Topeka unknowing law abiding citizens will cross in to the city and be a criminal. Most of the state, Per Chief Ron Miller, allows open carry in vehicles. Think about how many people come to Topeka from all over the state. Thatís not fair they may not even know the law. Itís almost impossible to look up each county and city ordinance.
4- If they pass this law because the state law is so vague all you have to do is put the firearm in a sandwich bag put on the front seat and set the magazine clips right next to gun or put in your shirt pocket. What difference would that make?
5- It wonít make police officers safer at all All this will do is drive people to illegally conceal carry.
6- Open carry is for safety. Safety of the officer and the public by letting everyone know there is a firearm in the area.
7- Two officers were killed by illegal conceal carry a year ago. The officers didnít even know the bad guy had a gun while in the vehicle. If the bad guy would have had it open those officers would be alive today. (then again criminals donít follow the law)
8- Iím sick and tired of having my rights taken away because of other individuals willful negligence.
9- We have people who shouldnít be driving cars but we donít ban cars - cars kill way more people than guns
10- Why do we need another law saying doing bad things with a gun is a crime. We already have thousands of laws on the book for firearms to begin with.
11- There are a lot of people who canít afford a permit and they have a right to self defense. I see denying poor people permits as discrimination
12- Uniformity is the most important aspect for safety of law enforcement and the public
13- Finally we have laws on the books that state mentally ill people, veterans with PTSD, drunks, felons, gang members all are forbidden to carry firearms
I feel the city should keep the current ordinance allowing law abiding citizens to keep their loaded firearm in there privately owned vehicles for the reasons above.
Thank you for your time and service.
Have a great day,
4208 SW Stonybrook Dr
Topeka, KS 66610
Guess you'll just have to drive around with your gun clutching the gun, holding it outside the vehicle.
Oh well, if that's what they want !
News article pro open carry in vehicle
You will not rise to the occasion; you will fall back on your level of training.Ē Archilochus, 650 BC
Old and treacherous will beat young and skilled every time. Yata hey.
Kansas State Rifle Association Alert:
The Topeka City Council is considering a ban on the open carry of firearms in vehicles by law abiding citizens.
We have been told that the first reading of this ordinance will be on the agenda at the City Council meeting on Tuesday, November 19, 2013 at 6:00pm
in the Council Chambers (municipal courtroom), 214 E. 8th St. The vote is then expected to take place at the meeting on November 26, 2013.
Please contact the Mayor, City Council, City Manager and Chief of Police and strongly urge them to not pass this ban. It is possible it could be pulled if enough people contact them opposing this measure and it will never see the light of day.
Restricting open carry in vehicles will not make anyone safer! To the contrary, it will put law abiding citizens at risk. Furthermore, it is our opinion that this ordinance will violate existing State Statute. Open Carry is legal in Kansas and several Attorney General Opinions have expressly determined that local jurisdictions may NOT prohibit it.
Once again, this action demonstrates the need for preemption of local jurisdictions to have the ability to regulate firearms in any manner and this will be addressed during the 2014 legislative session with a KSRA initiated bill.
In the meantime, please send a strong and clear message to the officials in Topeka that you oppose their proposed action!
Here is the contact information:
Mayor Larry Wolgast
(use this address & it will go to all Council Mbrs)
City Manager, Jim Colson
Chief of Police, Ron Miller
I may have given the wrong dates. I believe the first reading is this Tuesday and the vote the 19th.
I'll confirm and update this post
Last edited by marine0300; 11-11-2013 at 08:01 AM.