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Thread: OC in KS

  1. #1
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    Post imported post

    Ok just to clarify something here.... OC in Kansas is 100% perfectly legal for both resident and NON-resident without a Concealed Carry Permit correct?

    So if I, being a NON-resident of Kansas, that is not in possession of a Kansas CCW permit, or a permit that is recognized with reciprocity by Kansas, wanted to go to say,...Kansas City,Lawrence, etc. to visit or vacation etc. I could legally bring my handgun and 'wear/carry' it provided it was NOT concealed?

    Are there areas of restriction?

    Where can you NOT Open Carry? Car? Restaurants? bars?

    Just want to make sure I have ALL my basis covered and info explained beforehand, because if I am ever in Kansas again, as I DO travel alot...I WILL Open Carry.

    Thanks in advance for the help.

  2. #2
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    Meh, I think it would try it in WI before KS, I was just reading over the statutes... so murky.

    Also KS has NO state preemption, so you would have to know the ordinances of every place you are going to be in... :?

  3. #3
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    Post imported post

    Sadly KS does not honor any of the many Non-Resident permits I have.
    Granted I only go to KS once maybe twice a year at the most, but I hate to go unarmed.

  4. #4
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    Yep, you can only oc in your car without a permit... and again only in areas where it isn't prohibited...

  5. #5
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    Post imported post

    This list is cities that to the best of my knowledge through studying the city codes DO allow open carry. I am not a lawyer and some restrictions MAY apply:

    Manhattan
    Shawnee
    Mission (Title 2, Ch. 215, Article 7)
    Merriam
    Olathe
    Lawrence*

    DOES NOTdoes not allow open carry)
    Overland Park
    Lenexa
    Praire Village
    Leawood
    Topeka




    *Lawrence, KS has a law against carrying a firearm openly within 200 feet of a bar that serves alcohol by the glass. You may pass by on a sidewalk and you must obey traffic control devices, but stopping in front of a bar unnecessarily is breaking the law. Liquor stores are fine because they cannot serve by the glass. Any restaurant that serves liquor in a glass is also a no-go (Applebees, TGIFridays) are included in this. This law only effects the 200 feet of public property surrounding the building. You may enter the store next to the bar, but you may not stand unnecessarily outside the front door. Private property is under the rule of the owner of said establishment or household.

  6. #6
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    Open Carry in Lawrence is completely Legal

    Hi SixGunCowboy,

    Thank you for your post and I hope you continue to blog on our site. We’re glad you’re here.

    You state that Lawrence is not open carry legal. Where did you get this information? What documentation do you have?

    My documentation states Open Carry is completely legal in Lawrence click on this link http://forum.opencarry.org/forums/sh...66688-Lawrence and read the current city ordinance.

    Also you claim open carry is not legal on the KU campus? Again what documentation do you have? Open carry is completely legal at all public universities and colleges in Kansas per state law. One slight exception if you’re a student you can be kicked out of college for having firearm on property but you cannot be charged criminally because state law allows it. Below is the open carry law of KS

    Colleges can’t change state law. Also if you’re a permit holder you can carry concealed at any grade school, high school, college or university and the only thing that can stop you is a no gun sign on a building. Can’t post parking lots or land.

    I am not lawyer and everything I have posted is subject to change. Check the laws before carrying. Be Prepared!!


    12-16,124
    Chapter 12.--CITIES AND MUNICIPALITIES
    Article 16.--MISCELLANEOUS PROVISIONS
    12-16,124 subsection (2):
    12-16,124. Firearms and ammunition; regulation by city or county, limitations. (a) No city or county shall adopt any ordinance, resolution or regulation, and no agent of any city or county shall take any administrative action, governing the purchase, transfer, ownership, storage or transporting of firearms or ammunition, or any component or combination thereof. Except as provided in subsection (b) and subsection (a) of K.S.A. 2007 Supp. 75-7c11, and amendments thereto, any such ordinance, resolution or regulation adopted prior to the effective date of this 2007 act shall be null and void.
    (b) Nothing in this section shall:
    (1) Prohibit a law enforcement officer, as defined in K.S.A. 22-2202, and amendments thereto, from acting within the scope of such officer's duties;
    (2) prohibit a city or county from regulating the manner of openly carrying a loaded firearm on one's person; or in the immediate control of a person, not licensed under the personal and family protection act while on property open to the public;
    (3) prohibit a city or county from regulating in any manner the carrying of any firearm in any jail, juvenile detention facility, prison, courthouse, courtroom or city hall; or
    (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.
    (c) Except as provided in subsection (b) of this section and subsection (a) of K.S.A. 2007 Supp. 75-7c11, and amendments thereto, no person shall be prosecuted or convicted of a violation of any ordinance, resolution or regulation of a city or county which regulates the storage or transportation of a firearm if such person (1) is storing or transporting the firearm without violating any provision of the Kansas criminal code or (2) is otherwise transporting the firearm in a lawful manner.
    (d) No person shall be prosecuted under any ordinance, resolution or regulation for transporting a firearm in any air, land or water vehicle if the firearm is unloaded and encased in a container which completely encloses the firearm.
    History: L. 2005, ch. 141, § 10; L. 2007, ch. 166, § 1; May 3.

  7. #7
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    Pre Emption

    Let me add to Marine0300's excellent riposte. Kansas does have pre-emption, and it has been modified by the state legislature to make it more OC friendly over the years, not less.
    K.S.A. 2010 Supp.
    12-16,124(b)(2), which reads as follows:
    (b) Nothing in this section shall:

    (2) prohibit a city or county from regulating the manner of openly carrying
    a loaded firearm on one’s person; or in the immediate control of a person,
    not licensed under the personal and family protection act while on property
    open to the public.

    They can regulate the manner of open carry, but not prohibit open carry. The murkiness lies in the details of "regulate" versus "prohibit". The current AG opinion is that open carry bans are pre-empted by state law.

    Grimjack

  8. #8
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    Topeka, IIRC, allows for open carry.

  9. #9
    Regular Member ADulay's Avatar
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    FWIW, I just did the open carry thing late this afternoon and tonight here in Salina.

    We're headed westbound tomorrow to Denver but are at a hotel tonight and both of us OC'ed when we went to dinner.

    No problems and nobody appeared to care, which is the way it usually works for me when open carrying.

    Glad to hear that "state pre-emption" finally came to pass.

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    Last edited by ADulay; 08-11-2012 at 08:55 AM. Reason: Spelling
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