imported post
Not sure why my first post showed up as "test ddd" here goes again:
Sorry to beat a dead horse here, seems it's been discussed quite a bit in the past. Read on though, please, hopefully I'm on to something here.
I think we're all in agreement that Kansas is an open carry state, but local municipalities are allowed to impose their own bans on open carry within their city/county. Wichita, for example, has always been one of those localities that does not allow open carry.
However, after reading the KS statutes regarding open carry, it seems an exception is made to CCH licensees. I'm paraphrasing Chapter 12, Article 16, Section 124 of Kansas Statutes below:
BUT WAIT, THERE'S MORE!
Wichita city code seems to support this as well (paraphrased again):
Any thoughts here are appreciated. So far the Wichita LEO's I've spoken to agree with me, but also added "...but i wouldn't try it." Depending on what I hear from others, including the AG's office and Wichita City Manager, I may pursue trying to get some type of ruling on whether or not this interpretation is valid. I'd love to carry open in Wichita but it's not worth being the "guinea pig" and potentially spending a night in jail over it.
Not sure why my first post showed up as "test ddd" here goes again:
Sorry to beat a dead horse here, seems it's been discussed quite a bit in the past. Read on though, please, hopefully I'm on to something here.
I think we're all in agreement that Kansas is an open carry state, but local municipalities are allowed to impose their own bans on open carry within their city/county. Wichita, for example, has always been one of those localities that does not allow open carry.
However, after reading the KS statutes regarding open carry, it seems an exception is made to CCH licensees. I'm paraphrasing Chapter 12, Article 16, Section 124 of Kansas Statutes below:
To me, it seems the law reads that cities and counties are only allowed to regulate "the manner of openly carrying a loaded firearm on one's person" for those persons not licensed under the personal family protection act. So, local ordinances against open carry do not apply to CCH licensees?12-16,124. Firearms and ammunition, regulation by city or county, limitations
...
(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
BUT WAIT, THERE'S MORE!
Wichita city code seems to support this as well (paraphrased again):
[/quote]Again, here Wichita city code seems to exempt CCH licensees from Subsection 1(e), which covers carrying an unconcealed firearm. I'm trying to find other cities that have also updated their ordinances similarly, but it's long and arduous surfing through city websites trying to find this stuff.Sec. 5.88.010. Unlawful use of weapons.
(1) Unlawful use of a weapon is knowingly:
(a) Selling, manufacturing, purchasing, possessing or carrying any bludgeon, .....;
(b) Carrying concealed on one's person, or possessing with intent to use the same unlawfully against another, a dagger, dirk, billy, blackjack, slingshot .....;
(c) Carrying unconcealed on one's person or in any vehicle under one's immediate control, with intent to use the same unlawfully against another, a dagger, dirk, billy, blackjack, slingshot .....;
(d) Carrying any pistol, revolver or other firearm concealed on one's person, while on property open to the public, except when on one's land or in one's abode or fixed place of business;
(e) Carrying on one's person any unconcealed, loaded firearm, while on property open to the public, except when on one's land or in one's abode or fixed place of business;
(f) Carrying in any vehicle under one's immediate control, while on property open to the public, any loaded firearm, except when on one's land or in one's abode or fixed place of business;
(g) Carrying in any air, land or water vehicle an unloaded firearm that is not encased in a container which completely encloses the firearm;
.....
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.
Any thoughts here are appreciated. So far the Wichita LEO's I've spoken to agree with me, but also added "...but i wouldn't try it." Depending on what I hear from others, including the AG's office and Wichita City Manager, I may pursue trying to get some type of ruling on whether or not this interpretation is valid. I'd love to carry open in Wichita but it's not worth being the "guinea pig" and potentially spending a night in jail over it.