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Thread: Open Carry Topeka - Yes we can

  1. #1
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    I ammaking this thread because people are still posting that Topeka does not allow open carry.

    Topeka is now open carry.

    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/ga...317&sid=16



    or this link http://www.topeka.org/sesearch/sesse...=10&q=guns

    The city council threw out the old ordinances after the Family Protection Act (concealed carry) passed into state law.

  2. #2
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    Are you open carrying in Topeka now? If so, have you had any issues with LEO's or the general public. I do not now live in Topeka, but lived there for many years. It has been a generally anti-gun community, it surprises me that the city ordinances have changed.

    Dave

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    The Debate is over below is an email I received from Assistant City Attorney Catherine A Walter by way of my City Commissioner Councilman Archer.

    I have left out, on purpose, most of the email from myself and the Chief of Police. I only want to post proof law abiding citizens in Topeka my openly carry.

    If you open carry in Topeka Please print off the Attorney's email and carry it with you.

    Gun owners of Topeka we my need to organize to protect this right.

    Have a great year open carrying!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

    Semper Fidelis

    Earl McIntosh, Topeka, KS: USMC retired

    From: Catherine Walter
    Sent: Tue 8/11/2009 5:07 PM
    To: Ronald Miller; Craig Spomer; Braxton Copley
    Cc: Jackie Williams; Kyle Smith; Norton Bonaparte; Bob Archer
    Subject: RE: Open Carry of Firearms in Topeka

    Chief:

    Craig Spomer and I have spent some time this afternoon looking at the open carry issue—in addition to that just recently mentioned in your email. We found the following time line helpful in answering the question of the current status of open carry in Topeka:

    In 1981, TCC 15-91 was adopted, later codified at TCC 54-101. It was amended several times, but for years TCC 54-101 provided that it was unlawful for any person not an officer of the law –

    “to carry on his person or have within the immediate control of his person on or about public property or a public place within the city limits, any loaded firearm or automatic firearm with the magazine loaded . . . which when used is likely to cause death or great bodily harm.”

    On February 20, 2007, TCC 54-101 was repealed in its entirety per Ordinance No. 18821. At that same time, the City adopted the Uniform Public Offense Code (“UPOC”). That code does not prohibit open carry of firearms.

    We’ve also reviewed state and federal laws and have found no prohibition directly related to the open carrying of firearms. However, open carry is subject to all of those rules and laws which prohibit carrying of firearms under certain circumstances (such as the carrying of firearms in designated courtrooms or public buildings or possession of firearms based on the status of offenders).

    If there is discussion concerning adoption of an open carry ordinance, we should be mindful of the constitutional challenges which may surface. See, for example, the successful challenge to an ordinance found to be overbroad and therefore unconstitutional in City of Junction City v. Mevis, 226 Kan. 526 (1979).

    Please let either Craig or I know if you have any specific questions concerning the foregoing.

    Catherine A. Walter

    Assistant City Attorney
    215 SE 7th Street, Suite 353
    Topeka, KS 66603
    785-368-2477




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    Earl,

    Thanks for your work on this and thanks for sharing the information.

    Dave

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    i guess as a young punk i am a little confused can you have a loaded gun in your car in topeka or kansas for that matterwithout a conceled carry permit, even if it is in plain sight, any info would be helpful.

  6. #6
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    Below is the actual city code for Topeka:

    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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