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Open Carry in Wichita -- YES WE CAN

saefrog

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Nov 25, 2009
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6)Subsections 1(d), 1(e), 1 (f), and 1 (g) shall not apply to any person authorized to carry a concealed firearm pursuant to the Personal and Family Protection Act, K.S.A. 75-7c01 through K.S.A. 75-7c18, and amendments thereto.” It says these sections don’t apply because your CCL laws replace this section which, when you signed up for that license you agreed to follow its laws, and the states you are using its laws. In other words, if you were to walk down the street with your gun on your hip and loaded if you own a CCL license we would not charge you with section 5.88.010 (1) e but instead violating 5.88.010 (6) for violating your CCL which says “carry concealed” and would get your license revoked as well. Your license says "carry concealed" not "carry unconcealed".





So having said that, lets look at YOUR new laws seeing that sections 1d, 1e, 1f, & 1g don't apply because you got your CCL.





http://www.ksag.org/files/shared/75-7c-01.pdf



http://www.ksag.org/files/Brochure_08-09_8839_new_file_bleed_PLATE-NEW-2.pdf







After looking through this, I’m sure you already know that NO WHERE does is say that you can carry “unconcealed”. If your defense is that “well it doesn’t say I can’t”, well it doesn’t say that you can’t murder anyone either. All it is doing is telling you what you can do, which might in conflict with sections 1d thru 1g and to use this in instead of this section.



I'm not sure what WPD officers you have talked to because I have had conversations with a WPD supervisor who does self defense and he supported what I've said. In fact, I got the "are you kidding me this is common sense" look from him.



The courts would rule on what a “reasonable person” would dictate why the law was made and it was to show that the CCL laws override the fact that we have a no carry law at all, not that you can now carry unconcealed. And in law classes they teach that this is the measure that courts use often, what a “reasonable person” would believe that why the law was made. If you ask any of the city attorneys that made the law they will tell you that the intent would be to allow people to carry concealed when their city had previously had laws prohibiting such. I actually feel silly typing that last sentence out because it seems obvious to me. If there is any doubt in the language and someone or somedefense attorneywants to press the issue due to some wording problems, the first person "might" get off (but still spend time in jail) but the second would not because the ordinance would be amended by then. So isspending a night in a Wichita jail just to get some words changed is that really worth it? Or even thefive minutes you wasted reading this silly post all together.
 

Damiansar-15

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Nov 25, 2009
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199
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Mercer Island, WA
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Kansas is an Open Carry State, so when city "unconcealed" restrictions are lifted by having a CCL, there is no need to carry concealed, which is what the discussion is about. CCL defines how one can carry when there are restictions in a region, e.g. TEXAS. Kanas is an open carry State and the way Wichita's ordinance is written, if you have CCL, then restrictions on unconcealed carry are lifted.

God forbid we have more honest, free citizens becoming armed in the open to help promote a responsible gun culture in the US. Jeez, you would think WPD and city officials wouldn't want to help reduce crime with anti-carry positions they take... I guess it would take away from bloated government power and budgets if they deployed funding/training/armingof free citizens like in Switzerland.

I also think that if you took out the reference to the concealed carry and changed it to drive a vehicle, for example, you would probably agree that anyone with a driver's license would not be restricted by Wichita's ordinance pertaining to unconcealed carrying, yes?

EXAMPLE: 6)Subsections 1(d), 1(e), 1 (f), and 1 (g) shall not apply to any person authorized to drive a vehicle, and amendments thereto.”

Of course, there are still the restrictions to carry in the court house, where posted, etc... that need to be considered, which is where the K.S.A. 75-7c01 through K.S.A. 75-7c18, and amendments thereto is referenced...

Either Wichita ordinance Czars messed up, or they considered CCL holders licensed to carry concealed or unconcealed just like law enforcement, private detectives, body guards, etc....

I think old George had it right when they first setup this country....

" Firearms stand next in importance to the Constitution itself. They are the people's liberty teeth keystone... the rifle and the pistol are equally indispensable... more than 99% of them by their silence indicate that they are in safe and sane hands. The very atmosphere of firearms everywhere restrains evil interference. When firearms go, all goes, we need them every hour. "

-- President George Washington in his 1st address to Congress
 

Damiansar-15

Regular Member
Joined
Nov 25, 2009
Messages
199
Location
Mercer Island, WA
imported post

Yes, They kind of snuck the change into thelocal lawsand shame on the city attorney or staffers who did it...Instead of having open debate about allowing CHL holders to open carry like they do in Topeka, Wichita officials wanted to stomp on their own State's constitution and act like typical politicans who develop policy behind closed doors and then try to push it through...
 

airwolf09

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Joined
Jan 18, 2010
Messages
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I use to lived in Liberal kansas and I had no problem Open Carry without license when I was in college. Yes, it is a shame that they snuck the change into thelocal lawsand shame on the city attorney or staffers who did it.
 
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