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Thread: OC Map for KS

  1. #1
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    If possible please sticky to the top.

    Here is some of the homework. If someone can make a display better than this feel free to use this information.

    This information is for those without a permit.
    Some things may change with the acquisition of a permit; I am not going to address those issues in this thread.

    Out-of-State persons may find this page especially helpful.

    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:

    Dodge City
    Concordia
    Leavenworth
    Winfield
    Garden City
    El Dorado
    Arkansas City
    Andover
    Ottawa
    Manhattan
    Shawnee
    Mission (Title 2, Ch. 215, Article 7)
    Merriam
    Olathe
    Derby
    Emporia
    Hutchinson
    Lawrence*

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

    Cities that do not fit easily in one category.
    Roeland Park- illegal on any city owned property. Excluding streets and street right-of-ways.


    *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.

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    Baldwin City, Wellsville, Eudora, Bonner Springs can be added to those that are ok to OC in.


    Overland Park is G2G as well.

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    Side note - your mileage will vary OCing in these areas because I've yet to see anyone but LEOs do it. At that, expect to be harassed by LEOs as well.

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    As long as you know the city code for every city you OC in you should be fine. Make sure you carefully read the code. Legalese can be deceiving at best.

    I have personally OC'd in Lawrence, Baldwin, Wellsville, Eudora, Overland Park, and Olathe. I have either directly asked a LEO and/or looked up the city codes myself.

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    Gentlemen-

    I will be visiting you fair state next week. Anyone know where I can find concealed reciprocacy laws? I alreadyread most of what I could find on gun laws in general. Here's what I took from what I found- please let me know ifyou think I'm off;

    SB552- Agents of the state can not seize firearms except during the course of a crime investigation/ Governer now can not restrict the sale/carry of arms even during a state of emergency.

    HB2528- It appears you are making steps toward premption- although this was a little hard to understand;

    Section 1. K.S.A. 2006 Supp. 12-16,124 is hereby amended to readas follows: 12-16,124. (a) No city or county shall adopt any ordinance,resolution or regulation, and no agent of any city or county shall take anyadministrative action, governing the purchase, transfer, ownership, stor-age or transporting of firearms or ammunition, or any component or com-bination thereof, other than those expressly authorized by statute.
    Exceptas provided in subsection (b) and subsection (a) of K.S.A. 2006 Supp. 75-7c11, and amendments, any such ordinance, resolution or regu-lation adopted prior to the effective date of this 2007 act shall be null andvoid. (the following was lined out as null and void in the bill text) For purposes of this section, a statute that does not refer to firearms or ammunition, or components or combinations thereof, shall not be construed to provide express authorization.

    (b) Nothing in this section shall:

    (1) Prohibit a city or county from adopting any zoning measure re-

    lated to firearms licensees if otherwise authorized by law to do so;...

    (remainder ommitted to save space)

    SB185-almost identical toHB2528

    Thanks in advance for any help you are willing to provide.









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    Go straight to the KS attorney generals office for CCH laws. http://www.ksag.org

    On the right hand side there is a quick link to the Concealed Carry Unit's page.

    Do you have any other specific questions?

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    If I recall correctly KS allows CCW for any out of state visitor that has a valid CCW permit from the state they live in. The attorney general has a list of approved states but note that a person living in Illinois with a valid Florida OOS permit cannot legally CCW in KS.



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    captainamerica wrote:
    If I recall correctly KS allows CCW for any out of state visitor that has a valid CCW permit from the state they live in. The attorney general has a list of approved states but note that a person living in Illinois with a valid Florida OOS permit cannot legally CCW in KS.
    Incorrect. I live in VA, and have a resident VA permit. I am not allowed to CC in KS.

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    captainamerica wrote:
    If I recall correctly KS allows CCW for any out of state visitor that has a valid CCW permit from the state they live in. The attorney general has a list of approved states but note that a person living in Illinois with a valid Florida OOS permit cannot legally CCW in KS.

    Yeah, WA doesn't work in KS. I talked to the Ellis County Sheriff's dept. Apparently KS wants $110 for a permit. I want a MO permit they make you be 23 and meet almost every CCW standard that they can- so their permits are honored in all but the most liberal states, only like 8. However you have to be a MO resident.

    Ellis County also doesn't allow OC, according to them. I will review the AG site.

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    Yep, you are both correct. My comment should have said:

    If I recall correctly KS only allows CCWfor an out of state visitor that has a valid CCW permit from the state they live in; as long as a reciprocal agreement has been reached. But not all states have reciprocity with Kansas.

    Thanks for correcting me.


    tanman wrote:
    captainamerica wrote:
    If I recall correctly KS allows CCW for any out of state visitor that has a valid CCW permit from the state they live in. The attorney general has a list of approved states but note that a person living in Illinois with a valid Florida OOS permit cannot legally CCW in KS.

    Yeah, WA doesn't work in KS. I talked to the Ellis County Sheriff's dept. Apparently KS wants $110 for a permit. I want a MO permit they make you be 23 and meet almost every CCW standard that they can- so their permits are honored in all but the most liberal states, only like 8. However you have to be a MO resident.

    Ellis County also doesn't allow OC, according to them. I will review the AG site.

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    I live in Wellsville and I am excited to hear OC is permitted. Is there anyone else who has had experience in Wellsville with OC?

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    nikerret wrote:
    DOES NOTdoes not allow open carry)
    Overland Park
    Lenexa
    Praire Village
    Leawood
    Topeka
    Wichita
    Maize
    OOPS, I OC in Leawood, Prairie village, Overland park... Lenexa.. Never had any issues, but then, I guess I'm taking a chance.. I called PV and Leawood and they said they "just didn't know".. So, I OC, figuring the worst that can happen would be a fine. Thanks for the definite info, if anyone has anything more concrete about the cities that DO NOT allwo OC please post, good to know!!

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    Topeka is now open carry

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    When did Topeka change it's stance on the issue?

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    marine0300 wrote:
    Topeka is now open carry
    Cite please.

    http://opencarry.mywowbb.com/forum1/1.html

    7) If you state a rule of law, it is incumbant upon you to try to cite, as best you can, to authority. Citing to authority, using links when avaiable,is what makes OCDO so successful. An authority is a published source of law that can back your claim up - statute, ordinance, court case, newspaper article covering a legal issue, etc.

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    This is the second time I have posted this information to Walleye. Please go to the topic (Hello All) and you will see the same post below.

    ________________

    Walleye,



    I am respectfully correcting you. Topeka now allows open carry. Upon passage of the Family Protection Act in Kansas (Concealed Carry) Topeka removed a lot of its old gun laws pertaining to open carry. Law abiding citizens my open carry in Topeka!



    The former city attorney who help get rid of the old gun ordinances goes to church with me.



    Click on this link and it will take you to the city of Topeka’s web site were you can pull up any city code.

    http://www.municode.com/resources/gateway.asp?pid=10317&sid=16



    or this link http://www.topeka.org/sesearch/sessearch.php?cnt=10&q=guns



    Have a great week,



    Earl

    Topeka


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    Ummm WOW. First glance appears that you are correct. I'll have to research this issue more thoroughly before I attempt it next time I'm home.


    ARTICLE IV. OFFENSES AGAINST PUBLIC SAFETY*
    __________ *State law references: Crimes against the public safety, K.S.A. 21-4201 et seq.
    __________

    DIVISION 1. GENERALLY Secs. 54-88--54-100. Reserved.
    DIVISION 2. WEAPONS
    Sec. 54-101. Reserved. Editor's note: Ord. No. 18821, § 12, adopted Feb. 20, 2007, repealed § 54-101 in its entirety. Formerly, said section pertained to carrying of deadly weapons as enacted by Code 1981, § 15-91; as amended.
    Sec. 54-102. Discharging of firearms. (a)It shall be unlawful for any person, other than a law enforcement officer in the performance of duty, to discharge any cannon, gun, pistol, rifle or other firearm, or to discharge or use any spring gun or slingshot within the corporate limits of this city except discharge of blank rounds as part of a ceremonial event for which prior written notice has been provided to the chief of police. (b)Discharge of paintball guns. It shall be unlawful for any person, other than a law enforcement officer in the performance of duty, to discharge any paintball gun within the corporate limits of this city, except at a properly licensed paintball business in accordance with all of the paintball business's rules and regulations. (c)Discharge of airguns. It shall be unlawful for any person, other than a law enforcement officer in the performance of duty, to discharge any airgun within the corporate limits of this city unless they have obtained and maintain a valid permit as provided herein. (d)Permits for discharge of BB/pellet guns. Upon the written application made at least two (2) weeks before the proposed event, in a form acceptable to the chief of police and the payment of an application fee of fifty dollars ($50.00), the chief of police may issue a permit to discharge airguns on specified premises in the city for the purposes of allowing the establishment of shooting ranges. No permit shall be issued unless the proposed activity is found to be in compliance with administrative regulations established by the chief of police and approved by City Council resolution, for the purpose of regulating the discharge of airguns as provided herein. Further, any permit so issued shall be subject to such terms and conditions as the chief of police determines reasonably necessary or advisable to protect the safety of the participants therein and the general public, including, but not limited to the following: (1)The applicant shall provide proof of public liability insurance for the permitted activity with a minimum single occurrence coverage of five hundred thousand dollars ($500,000.00). The policy shall name the City of Topeka as an additional insured. (2)The applicant shall provide written proof that the location of the proposed activity is zoned appropriately and that the activity is permitted by the owner of the property. (3)The applicant shall provide a description of activity safeguards that are intended and designed to minimize the exposure to members of the public or adjoining properties from the activity. (4)The applicant shall provide proof of adequate training and supervision of the activity by qualified persons over the age of eighteen (18). Any permit so issued shall be valid for no more than two (2) weeks, but may be revoked at any time by the chief of police upon the failure of the permittee to abide by any of the permit regulations, terms and conditions. No person or organization shall be issued a permit more than once each quarter of each calendar year. (e)Definitions. For the purposes of this article the following terms and phrases shall have the meanings hereinafter ascribed to them: (1)Airgun. Shall mean an instrumentality designed for and used to fire or eject one or more projectiles by means of a spring or by compressed air or other gas or vapor. The term, airgun, shall not include instrumentalities designed and intended to fire or eject a projectile under water in conjunction with scuba diving, instrumentalities designed and intended to fire or eject a fastener as part of the construction trades or children's toys; an airgun of the type commonly referred to as a BB gun is not a children's toy for the purposes of this subsection; (2)Chief of Police. Shall mean the Chief of the Topeka Police Department or his or her designee. (3)Firearm. Shall mean an instrumentality designed for and intended to fire or eject one or more projectiles by means of an explosive charge or by the ignition of one or more flammable or explosive substances. The term, firearm, shall include those instrumentalities commonly referred to as rifles, shotguns, revolvers, handguns and pistols, but shall not include instrumentalities designed and intended to fire or eject a fastener as part of the construction trades; (4)Law enforcement officer includes any federal, state, county or city employee who is empowered to effect an arrest with or without a warrant and who is authorized to carry a firearm as part of such employment, regardless of whether they are on of off duty, any law enforcement officer as defined in K.S.A. 12-4113(i) and amendments thereto, K.S.A. 21-3110(10) and amendments thereto, K.S.A. 22-2202(13) and amendments thereto, K.S.A. 74-5602(e) and amendments thereto, or any member of the Topeka Police Department Reserves or the Shawnee County Sheriff's Office Reserves. (5)Paintball gun. Shall mean an airgun designed and used to fire or eject a hollow, plastic-like frangible pellet containing nontoxic, paint-like marking fluid. (Code 1981, § 15-92; Ord. No. 18253, § 1, 5-25-04; Ord. No. 18291, § 1, 7-20-04) State law references: Unlawful discharge of firearm, K.S.A. 21-4217.
    Sec. 54-103. Reserved. Editor's note: Ord. No. 18821, § 13, adopted Feb. 20, 2007, repealed § 54-103 in its entirety. Formerly, said section pertained to drawing a weapon upon another as enacted by Code 1981, § 15-93.
    Sec. 54-104. Replica or facsimile firearms. (a)Definitions. As used in this section: Replica or facsimile means "imitation firearm," as defined in K.S.A. 12-16,115, and means a replica of a firearm which is so substantially similar in physical properties to an existing firearm as to lead a reasonable person to conclude that the replica is a firearm. The term "imitation firearm" does not include: (1)A nonfiring collector's replica of an antique firearm which was designed prior to 1898, is historically significant and is offered for sale in conjunction with a wall plaque or presentation case; (2)A nonfiring collector's replica of a firearm which was designed after 1898, is historically significant, was issued as a commemorative by a nonprofit organization and is offered for sale in conjunction with a wall plaque or presentation case; or (3)A pneumatic, spring, spring-air or compressed-gas powered nonpowdered gun that is commonly called an air gun and is designed to discharge BBs, pellets or paint balls. (b)It shall be unlawful for any person to draw, exhibit or brandish a replica or facsimile of a firearm in a rude, insolent, threatening or angry manner with the intent to frighten, vex, harass or annoy any other person. (c)It shall be unlawful for any person to draw, exhibit or brandish a replica or facsimile of a firearm in the presence of a law enforcement officer, firefighter, emergency technician or paramedic engaged in the performance of his duties. (d)Any replica or facsimile of a firearm used by any person in a rude, insolent, threatening or angry manner shall be seized and forfeited to the city. (e)Any person convicted of violating this section shall be deemed guilty of a misdemeanor and shall be punished by a fine of not less than $150.00. (Code 1981, § 15-93.1)
    Sec. 54-105. Furnishing weapons to minors. It shall be unlawful for any person to sell, give, loan or otherwise furnish any pistol or revolver by which a cartridge may be exploded, or any dirk, Bowie knife, knucks, slingshot or other dangerous weapons to any minor. (Code 1981, § 15-94) State law references: Unlawful disposal of firearms, K.S.A. 21-4203.
    Sec. 54-106. Unlawful use of stun guns, tear gas, mace. It shall be unlawful for any person not a police officer in the execution of duty, to discharge items commonly known as stun guns, tear gas, mace or any other chemical substance against any individual within the corporate limits of the city, except in defense of his person against an aggressor when and to the extent it appears to him and he reasonably believes that such conduct is necessary to defend himself or another against such aggressor's imminent use of unlawful force, or in defense of his dwelling when and to the extent that it appears to him and he reasonably believes that such conduct is necessary to prevent or terminate such other's unlawful entry into or attack upon his dwelling. The preceding exceptions are not available to a person who: (1)Is attempting to commit, is committing, or is escaping from the commission of, a forcible felony; (2)Initially provokes the use of force against himself or another, with intent to use such force as an excuse to inflict bodily harm upon the assailant; or (3)Otherwise initially provokes the use of force against himself or another, unless: a.The person has reasonable grounds to believe that he is in imminent danger of death or great bodily harm, and he has exhausted every reasonable means to escape such danger other than the use of force which is likely to cause death or great bodily harm to the assailant; or b.In good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that he desires to withdraw and terminate the use of force, but the assailant continues or resumes the use of force. (Ord. No. 16547, § 1(15-95), 2-2-93) Secs. 54-107--54-110. Reserved.
    DIVISION 3. MASKS, VESTS AND BODY ARMOR
    Sec. 54-111. Wearing of gas masks, bulletproof vests, improvised body armor or masks or devices to conceal one's identity during unlawful activities prohibited. (a)It shall be unlawful for any person to carry, possess or wear any of the following devices during parades, demonstrations, rallies and assemblies: (1)A gas mask or similar device designed to filter all air breathed and that would protect the respiratory tract and face against chemical irritants commonly deployed by law enforcement; (2)A bulletproof vest, or other improvised body armor. For the purposes of this section, the term "bulletproof vest" means a bullet-resistant body armor providing, as a minimum standard, the level of protection known as "threat level I," which shall mean at least seven layers of bullet-resistant material providing protection from three shots of 158-grain lead ammunition fired from a .38 caliber handgun at a velocity of 850 feet per second, and "Improvised body armor" is any gear or attire, made of any material, which is not normal wearing apparel and worn for the purpose of defeating law enforcement tactics to control an unruly person; (3)A mask or other device with the specific intent to hide one's identity during the commission of unlawful activity or with the specific intent to intimidate or threaten another person. (b)The provisions of subsection (a) shall not apply to any federal, state or city law enforcement officer performing their official duties. (Ord. No. 18234, § 2, 5-11-04) Secs. 54-112--54-120. Reserved.

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    marine0300 wrote:
    This is the second time I have posted this information to Walleye. Please go to the topic (Hello All) and you will see the same post below.

    *snip*
    I didn't ask how it was changed, I asked when. Was it 6 months ago? Early last year?

    I'd also like to reiterate my questions in that other thread:

    marine0300, thanks for the corrections; I was not aware Topeka allowed open carry now. At what point did they change that rule?

    Re: Gunbuster, my understanding led me to believe that it does not discriminate between open or concealed carry. Are there any updated definitions on that? I have to admit being nervous about carrying anytime the gunbuster is involved due to the potential of having my license taken away. I understand that KSA-75 strictly applies to concealed carry weapons, but I'd feel a whole lot better if it were not a misdemeanor offense the instant you cross that line. I also read that if a sign is posted, the intent is clear. If you have a better clarification for this, please share it with us!

  19. #19
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    I told you when the law changed:

    "Upon passage of the Family Protection Act in Kansas (Concealed Carry)"

    -------------------------

    I will get back to you on the Gun buster sign. I won't open carry in a place that posts the sign either. The way I understand things the sign only pertains to CC.

    If I walked into a store and the no gun sign is posted and I am CC and get caught I would be in big trouble. If I am open carrying the only thing the store owner could do is ask me to leave. I will look for information to back my statement up.

    Good topic

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    I OC'd yesterday in Olathe @; Bass Pro Shop, Olathe Gun Shop, Olathe Trading Post and Pawn, and Little Ceasars Pizza. In Overland Park @; an unnamed C-Store, at my friends house in the yard in full view of neighbors and passing cars, and during other errands. In Grandview, MO @; a couple of gun shops and pawn shops. In Peculiar, MO @; Caseys, and at another friends house in full view of neighbors and passing cars, and at my parents in full view of neighbors and passing cars. In Garden City, MO @; friends private property. I had ABSOLUTELY no issues or confrontations. My GLOCK 17 on my hip in full view was warmly accepted everywhere I went, and NOBODY seemed even slightly uncomfortable or threatened. Bass Pro Shop asked me to install a trigger lock on my pistol while I was in the store, and I did. They did not ask for either of the 17 round LOADED clips I had, nor did they seem to have any problems with me or my pistol. I was very pleased with my FIRST OC experience, and I plan to do it on a regular basis from now on. Thanks to everyones' helpful info, and suggestions about OC. Todd N. Carter

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    You're telling us that Bass Pro required you to engage in unnecessary gun handling inside the store?

    Did Bass Pro provide the trigger lock?

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    They asked me to install a trigger lock, and they supplied it. I did not have a problem with that request at all.

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    I know you can carry the loaded handgun on the way to and from the store but it does significantly hamper your ability to have a loaded weapon on you while in the store. To me that's contrary to the whole reason to OC in the first place, i.e., having a loaded weapon for personalself defense, etc. That doesn't bother you? Just asking, not trying to do anything else.

    fesfro wrote:
    They asked me to install a trigger lock, and they supplied it. I did not have a problem with that request at all.

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    My problem is the unnecessary gun handling inside the store. The last thing I want to be doing, while inside a store... is fiddling around with a loaded handgun installing a trigger lock onto a "hot" trigger, or fiddling around unloading a firearm so the trigger is "cold".

    I support private property rights, but my wallet does not. If Bass Pro wants to create a gun free zone (except for theones for salebehind the counter) that is their prerogative. However, having a policy where customers are drawing loaded firearms out of a holster in the store to fiddle around installing a trigger lock seems rather moronic and will have bad results sooner or later.

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    I OC'd at the Great Plains Mall, and at Target thisevening without any harassment at all. Mall Security checked me out from a distance, but never approached me. The more I thought about the replies to the Bass Pro/trigger lock experience, the more I agree. Unecessary gun handling is not acceptable, or responsible. After the gun show tomorrow, I am going back to Bass Pro, and I am going to OC without a trigger lock. If that is an issue with Bass Pro, I will let everyone know. I really doubt it will be, now that I have more OC experience in Olathe and the surrounding areas, I can be more assertive in my 2nd Amendment Right. After all, I'm not breaking any local, or state laws.

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