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Thread: Open carry in kansas by CCW permit holders(preemption)

  1. #1
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    I have read all the threads about this preemption law and how it applies to open carry in cities that specifically prohibit it. I am still confused. There seem to be varying opinions about what it means.

    Here is part of the law in question(for reference):

    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;

    This is how I read it: preemption allows the cities to still regulate the open carry by "a person not licensed under the personal and family protection act while on property open to the public." If you have a CCW permit, you are not "not licensed" (sorry for the double negative) because you are licensed. Therefore, the way I read it, this exception to the preemption law only applies to people without a CCW permit. Where am I wrong if I am wrong?


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    You are correct in that it's there for cities to decide whether or not they want to allow concealed carry or open carry.

    However, as I understand it, you do not need a permit to openly carry, unless the city you are in specifically bans open carry.

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    You know, I've just been reading a lot of KS legislature and similar ordinances, and it strikes me that KS may be pretty damn close to a police state. There's almost always a exemption for a LEO or former-LEO in a lot of legislature, and the state constitution is not clear on our 2A rights.

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    This is a Police State, the whole country is. or haven't you noticed the Militarization of our police :what:





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  5. #5
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    Well no, I haven't noticed police officers all looking like SWAT team members now.



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    A lot of the problem stemmed from right before CCW was introduced. A lot of counties thought they would get a jump on the legislature by saying it had to be empty and in plain sight other wanted only transported in a trunk/ locked manner. Two months after it started on 1/3/07 the legislature said one law applies to all. CCW is CCW no pre-emption allowed.

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    I can't even find much in the way of county regulations and laws. All I've been able to find are laws for most of the eastern cities.

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    When I get home over the 4th I will see if I can find the packet from the Attorney Gen. office. It has all the state laws which are the only ones to follow now. That includes no OC in cities.

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    When I get home over the 4th I will see if I can find the packet from the Attorney Gen. office. It has all the state laws which are the only ones to follow now. That includes no OC in cities.
    I thought cities could regulate open carry and that some do and some don't at present time? Or so that's what my reading of the legislature has been so far.

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    There are only three cities of any size in Kansas and all are no fly zones for OC. Topeka, Wichita, and KC are all CCW only. The others it depends on if you are a local or a foreigner.

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    So I'm in the green then as I'm a KS resident (have been for 15 years) and am not in the ludicrous zones of Topeka, KC, or Wichita.



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    ludicrous?

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    A fellow member and I are wondering. Is Kansas fully preempted? If not, sounds like its time to push the issue.
    The only terrorists I see nowadays are at the Capital.


    The statements made in this post do not necessarily reflect the views of OCDO or its members.

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    No. We came close to it when we got our CCW laws, but the wording was changed to allow muncipalities to regulate carriage of firearms. Basically, if you have a CCW permit recognized by the state, you're OK so as long as you stay concealed. If you open carry, it's a whole other ball game. Off the top of my head, Topeka and Wichita specifically deny you the right to open carry your firearm.

    We might have preemption if it hadn't been for our governor, as she vetoed the original bill which would have had full preemption throughout the state.

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    tfb5701 wrote:
    I have read all the threads about this preemption law and how it applies to open carry in cities that specifically prohibit it. I am still confused. There seem to be varying opinions about what it means.
    It's very simple: Open Carry in KS is preempted only for concealed permit holders while they are inside a vehicle. On foot, you had best check for any local ordinance against open carry.

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