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open carry recieved ok so far in kansas city

mmdkyoung123

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Feb 20, 2008
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Independence, and Kansas City, Missouri, USA
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Well, I just moved to missouri and have been open carrying for the last week. I have made several trips into walgreens after work in KC and several trips into wallyworld in independence (40 highway store) without an incident.

That said however, I am not nieve enough to think there won't be one eventually with the prevailing attitudes being what they are amongst LEO's and the sheeple. Does anyone know what the case law or ordinances are that can be cited if/when this situation arrises?? I would like to have something to politely show and/or inform the officer of other than "I am excercising my legal right to open carry" In other words when he tells me I don't have the legal right to open carry becasue of "inciting panic" or whatever reason he feels inclined to use at that point I would like to have the ordinances and case law to correct him POLITLELY so as to avid a HUGE incident (I.E. going to jail to be proven right)

I know that not all LEO's are going to be a problem, however some are. Ecspecially the young ones who feel they have something to prove.

Thanks for any help!!!
 

mmdkyoung123

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Feb 20, 2008
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Independence, and Kansas City, Missouri, USA
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Yes sir.

They have the same standard

" a person commits the ordinance ciolation of unlawful use of weapons if he or she knowingly:

(1) Carries CONCEALED upon or about his or her person..........etc.

this says to me that there are no ordinances against it. Is this all I should have to tell the LEO?

I was just curious if there were any recent court precedents on this in the area as I have been unable to find any.
 

Article1section23

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mmdkyoung123 wrote:
Yes sir.

They have the same standard

" a person commits the ordinance ciolation of unlawful use of weapons if he or she knowingly:

(1) Carries CONCEALED upon or about his or her person..........etc.

this says to me that there are no ordinances against it. Is this all I should have to tell the LEO?

I was just curious if there were any recent court precedents on this in the area as I have been unable to find any.

mmdk,

You don't have totell theofficer anything.They know what the lawsays, they also have a copy of it in their car. When you have time take a look at this site: http://www.wmsa.net/and go talk tothis guy. http://www.kljamisonlaw.com/

Different flavor for sure, but you might want to keep his # handy.
 

captainamerica

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I've already commented on your other thread about KC being ok for OC and Independence is too (at least last it was checked). As for case law, etc. you are within legal rights so that's it. Just be legal in everything else, be courteous, and be in good standing about your demeanor/behavior and all should be well. The biggest problem with LEO responses are the idiots that are concerned about a law abiding American citizens exercising their Constitutional right (not to mention local city ordinance right) to OC b/c they "look scary" or "it looks illegal" or "it just worried me". LEO's wouldn't have as much an interest if these idiots would keep their nose out of other peoples business.
 

Indeep-Cop

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Mar 28, 2008
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, Missouri, USA
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I agree, just keep your elbow on the grips and act like there's no cop.

We already know the rules. we're too worried about the ones who come in with the shotgun/rifle NOT at the "Low Ready"!

Our outlook is that, I/we may need your help in some instance!

"Have a nice Day" ;)
 

deepdiver

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Apr 2, 2007
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Southeast, Missouri, USA
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Indeep-Cop wrote:
I agree, just keep your elbow on the grips and act like there's no cop.

We already know the rules. we're too worried about the ones who come in with the shotgun/rifle NOT at the "Low Ready"!

Our outlook is that, I/we may need your help in some instance!

"Have a nice Day" ;)
+100 for attitude! Now if we could just get the St. Louis sheeple on board with that positive perspective we could get OC pre-empted.
 

Indeep-Cop

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, Missouri, USA
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Agreed! The crime rate where I patrol has already dropped 28% since '03.

As I mentioned earlier, I know no one "LIKES" the police, but remember the 'Ol West days! We see it as honest citizens excersizing their 2nd right! And hope that if things ever did get "sticky" somewhere the public would take that shot I/we couldn't get at yet!;)
 

Indeep-Cop

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, Missouri, USA
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We can always adjust the report! & hell you'd probably get an honor from the mayor! Just remember if you have to use an officer's mike -1033 officer down & shots fired- need EMS and police!

IF the officer can't talk.

Have a nice Day!;)
 

mmdkyoung123

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Feb 20, 2008
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Independence, and Kansas City, Missouri, USA
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Indeep-Cop wrote:
Agreed! The crime rate where I patrol has already dropped 28% since '03.

As I mentioned earlier, I know no one "LIKES" the police, but remember the 'Ol West days! We see it as honest citizens excersizing their 2nd right! And hope that if things ever did get "sticky" somewhere the public would take that shot I/we couldn't get at yet!;)

Not everyone "DISLIKES" the police Indeep. I did my time in the military and went through special forces. I had every intention of being a peace officer upon the end of my second enlistment, however I herniated several discs in my neck, requiring surgery. Now i am told I am "un-Insurable" as a public servant so I can not be a cop. I have nothing but respect for MOST officers. Keep up the good work and be safe.

As my grandfather's favorite saying goes, "shit happens, usually to me so watch out!"
 

Indeep-Cop

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, Missouri, USA
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Just remember "Everything Happens for a reason"! It' could pay more! LOL!

You'd hate the job eventally, we all do................:banghead:
 

Indeep-Cop

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, Missouri, USA
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In the county of JACKSON, state of Missouri, IF you posess a CCW it must be concealed. This is what the Jack.Co.Sheriff will tell you. B.S. !


I highly doubt that you will be harrassed, possibly asked "Whatchya carring"? (Caliber wise). Yes the newer guys can be "Cocky" BUT, they as well as all Missouri statewide L.E.O.s' are monthly informed of these revisions and ordinances. The younger officers are extremely "Grilled" on CCW & O.C. laws. To quote a captain,

"If you observe an individual openly carrying a sidearm, DO NOT initiate conversation of any type! Just do your job as you were trained, and pay attention to your surroundings. We don't need I.A. settling harrassment suits when these people know their rights."

I would go out on a limb here, and say that even with a CCW you could "Open Carry" without harrassment. Even from the new guys. Moving to K.C.P.D. was the smartest thing I've done lately.

I wouldn't worry about it. As our little class teaches, if an individual is Open Carrying, he more than likely knows the laws. We have worse things to worry about than a private citizen who may save my life (Hopefully) if we were both at the wrong place at the wrong time. Not all of us are looking todistract anyone from their daily routine. Every contact with a civilian requires a report. And we ALL hate paperwork. :?

Hope I could be of help.

Have a nice day.............
 

brolin_1911a1

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Feb 12, 2007
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West Plains, Missouri, USA
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IIRC, North Kansas City had an ordinance forbidding open carry as recently as 2003. Kansas City did not. There is no central repository of which little villages or municipalities have such laws and which don't. That was one of the persuasive arguments which helped us pass CCW -- that by establishing a statewide concealed carry permit people would be able to stop worrying about whether or not a given area might ban open carry.

That said, since the passage of CCW, many small towns surrounding St. Louis have repealed or revised ordinances that formerly banned open carry.

I specifically remember looking up Hazelwood's ordinances online right after CCW went into effect. That St. Louis suburb had an ordinance against open carry. Their police chief was doing his best to frighten people into carrying openly in their cars so he'd have jurisdiction. I looked up the town's ordinances again online a few months ago and that provision had been removed; the town's ordinances were now essentially a duplicate of RSMo. 571.

Here's the relevant section from the North Kansas City Municipal Code. Since RSMo. 21.750 preempts the city except for open carry, Paragraph C below is moot for CCW holders but open carry in North K.C. is definitely illegal.
9.44.010 Carrying weapons of any kind.
A. The carrying of firearms by any person not a member of the armed forces of the United States, or of the state, county, or city law enforcement bodies, is prohibited unless such person has a special permit to carry such firearms, which permit shall be issued by the city clerk after the application therefor shall have been passed upon by the city council and the permit has been signed by the mayor and city clerk.
B. All persons having a special police permit shall be allowed to carry firearms when they are engaged in their duty of guarding the premises of their employer’s place of business, but no person shall carry such firearms when not on his or her employer’s property. Such firearms shall be left on the employer’s premises when such person finishes work each day.
C. No person shall in the city wear or carry under his or her clothes or conceal upon or about his person a dangerous or deadly weapon of any kind or description, or shall go into any church or place where people have assembled for religious worship, or into any schoolroom or place where people are assembled for educational, political, literary or social purposes, or to any election precinct on any election day, or into any courtroom during the sitting of court, or into any other public assemblage of persons met for any lawful purpose, other than for militia drill, or meetings called under militia law of this state, having upon or about his or her person, concealed or exposed, any kind of firearm, pistol, revolver, shotgun, rifle, Bowie knife, springback knife, razor, metal knucks, nunchakus, billy club, sword, cane, dirk, dagger, slingshot, B-B gun, pellet gun or other similar deadly weapons, or display in a menacing or threatening manner any simulated or artificial weapon or thing having the appearance of a weapon as described hereinabove. (Prior code § 16-146)

This illustrates the hazard of open carry in Missouri. I'd hate to bet my freedom and finances on exactly where the boundaries are between N. Kansas City and Kansas City.

BTW--IANAL, just someone who can use a search engine.
 

Indeep-Cop

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Joined
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Location
, Missouri, USA
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Thanks !

My only advice, keep a shirt in your vehicle at all times, this way you can give the old

"Oh God! I forgot to grab my shirt" routine. Then again you could act like a cop,walk like a cop, and just pay no attention to officers on duty as you OC within the citys' ordinances.



:idea:
 
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