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Thread: Kansas Open Carry Law

  1. #1
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    http://www.kslegislature.org/legsrv-statutes/getStatute.do [size=][/size]

    [size=][/size]Here is the section of statute that deals with Right to Carry:[size=][/size]

    [size=][/size]75-7c-01 through 75-7c-26[size=][/size]

    [size=][/size]Here is the section of statute that deals with open carry:[size=][/size]

    [size=][/size]12-16,124 subsection (2):[size=][/size]

    [size=][/size]12-16,124. Firearms and ammunition; regulation by city or county, limitations. (a) No city or county shall adopt any ordinance, resolution or regulation, and no agent of any city or county shall take any administrative action, governing the purchase, transfer, ownership, storage or transporting of firearms or ammunition, or any component or combination thereof. Except as provided in subsection (b) and subsection (a) of K.S.A. 2007 Supp. 75-7c11, and amendments thereto, any such ordinance, resolution or regulation adopted prior to the effective date of this 2007 act shall be null and void. [size=][/size]

    (b) Nothing in this section shall: [size=][/size]

    (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; [size=][/size]

    (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; [size=][/size]

    (3) prohibit a city or county from regulating in any manner the carrying of any firearm in any jail, juvenile detention facility, prison, courthouse, courtroom or city hall; or [size=][/size]

    (4) prohibit a city or county from adopting an ordinance, resolution or regulation requiring a firearm transported in any air, land or water vehicle to be unloaded and encased in a container which completely encloses the firearm or any less restrictive provision governing the transporting of firearms, provided such ordinance, resolution or regulation shall not apply to persons licensed under the personal and family protection act. [size=][/size]

    (c) Except as provided in subsection (b) of this section and subsection (a) of K.S.A. 2007 Supp. 75-7c11, and amendments thereto, no person shall be prosecuted or convicted of a violation of any ordinance, resolution or regulation of a city or county which regulates the storage or transportation of a firearm if such person (1) is storing or transporting the firearm without violating any provision of the Kansas criminal code or (2) is otherwise transporting the firearm in a lawful manner. [size=][/size]

    (d) No person shall be prosecuted under any ordinance, resolution or regulation for transporting a firearm in any air, land or water vehicle if the firearm is unloaded and encased in a container which completely encloses the firearm. [size=][/size]

    History: L. 2005, ch. 141, § 10; L. 2007, ch. 166, § 1; May 3.[size=][/size]

  2. #2
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    As Referenced Below 12-16,124 section Allows for a Person With Concealed Handgun license to lawfully open carry as well as carryconcealed in any city in the state of Kansas.



    (d)This act shall be liberally construed. This act is supplemental and additional to existing constitutional rights to bear arms and nothing in this act shall impair or diminish such rights.


    12-16,124
    Chapter 12.--CITIES AND MUNICIPALITIES
    Article 16.--MISCELLANEOUS PROVISIONS
    12-16,124. Firearms and ammunition; regulation by city or county, limitations. (a) No city or county shall adopt any ordinance, resolution or regulation, and no agent of any city or county shall take any administrative action, governing the purchase, transfer, ownership, storage or transporting of firearms or ammunition, or any component or combination thereof. Except as provided in subsection (b) and subsection (a) of K.S.A. 2008 Supp. 75-7c11, and amendments thereto, any such ordinance, resolution or regulation adopted prior to the effective date of this 2007 act shall be null and void.

    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;
    (3) prohibit a city or county from regulating in any manner the carrying of any firearm in any jail, juvenile detention facility, prison, courthouse, courtroom or city hall; or
    (4) prohibit a city or county from adopting an ordinance, resolution or regulation requiring a firearm transported in any air, land or water vehicle to be unloaded and encased in a container which completely encloses the firearm or any less restrictive provision governing the transporting of firearms, provided such ordinance, resolution or regulation shall not apply to persons licensed under the personal and family protection act.
    (c) Except as provided in subsection (b) of this section and subsection (a) of K.S.A. 2008 Supp. 75-7c11, and amendments thereto, no person shall be prosecuted or convicted of a violation of any ordinance, resolution or regulation of a city or county which regulates the storage or transportation of a firearm if such person (1) is storing or transporting the firearm without violating any provision of the Kansas criminal code or (2) is otherwise transporting the firearm in a lawful manner.
    (d) No person shall be prosecuted under any ordinance, resolution or regulation for transporting a firearm in any air, land or water vehicle if the firearm is unloaded and encased in a container which completely encloses the firearm.
    History:
    L. 2005, ch. 141, § 10; L. 2007, ch. 166, § 1; May 3.

  3. #3
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    Lanceegarrison,



    I am respectfully making this post because your thread is incorrect.



    Per the President of the Kansas Rifle Association Patricia Stoneking and Kansas NRA Legislative representative Jordan Austin if you have a Kansas CCW license it does not preempt city & county open carry laws.



    Bottom line if you have a Kansas CCW and you open carry in a non open carry city you can be arrested.



    When the Personal & Family Protection Act (Concealed Carry) originally passed in 2006 I thought I could open carry anywhere in Kansas as well. Boy was I proven wrong.



    I wish we had open carry preemption!!



    Earl

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    marine0300 wrote:
    Lanceegarrison,



    I am respectfully making this post because your thread is incorrect.



    Per the President of the Kansas Rifle Association Patricia Stoneking and Kansas NRA Legislative representative Jordan Austin if you have a Kansas CCW license it does not preempt city & county open carry laws.



    Bottom line if you have a Kansas CCW and you open carry in a non open carry city you can be arrested.
    yeah, i agree, look at that semi-colon - it breaks up ther sentence you are reading too much into.

    But I have always viewed b(4) and c provisions as preempting localities from banning open carry in vehicles provided the carrier holds the concealed permit. I may be wrong, but that's the way I read this very complicated preemption statute.

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    I wrote A letter to Steve Six KS AG OFFICE.

    Iwould like tosee what he has to say.

    Even he would only be able to give his opinoin.

    Untill a judge rules on what the law is. an even that can be overturned...





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    I surely appreciate you taking the time to write the Kansas Attorney General.

    Please keep us informed on what he has to say.

    His opinion truly counts!

    Have a great month,

    Earl

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    lanceegarrison,

    I sure would like to see you be the test case.

    Please find a non-open carry city, call the police chief and let them know you will be open carrying and see what happens.

    If your arrested it will help us all know for sure.

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    Sounds like fun for all .

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    Mr. Garrison



    In short, the answer to your question is, no, a CCH license does not entitle individuals to carry a firearm openly.



    In your email, you highlighted the language of 12-16,124(b)(2) in yellow and further highlighted the language “not licensed under the personal and family protection act” in green. What you should note is that (b)(2) is separated by 2 clauses – the first clause deals with open carry of firearms “on one’s person”; the second clause deals with carrying a firearm openly “in the immediate control of” the person.



    Under clause 1, cities and counties are still free to regulate anyone (CCH licensees included) who is openly carrying a firearm on their person.

    Under clause 2, cities and counties can still regulate open carry of a firearm within one’s immediate control if that person is not a CCH licensee.



    Clause 2 was designed to allow CCH licensees to remove their weapon when they are transporting it in their vehicle and not have to worry about local ordinances etc.



    [font=""]Charles W. Klebe[/font]

    [font=""]Assistant Attorney General[/font]

    [font=""]Concealed Carry Unit[/font]

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    Mr. Garrison:



    I received a verbal response back from the City Prosecutor which she indicated that the City does not have an ordinance reference the plan to open carry.



    I will provide you the phone number of the City Attorney for Andover who is Norman Manley and his phone number is 316-321-4920.



    I hope this will help you, have a great day.



    Nioma Cook

    Court Clerk

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    This is the answer is got from Derby,

    Mr. Garrison:

    In my haste to reply to your second inquiry on this subject, I
    neglected to include relevant portions of the Uniform Public Offense
    Code. I apologize for this omission.

    Relevant UPOC provisions are attached for your review. While
    possession of an style="BACKGROUND-COLOR: #c0ff80"unconcealed firearm is generally permissible, there are
    a variety of situations in which possession is but a short step away
    from prohibited conduct. See sections 10.2, 10.3, 10.3.1 and 10.5.

    Thank you for your attention.

    Regards,
    Phil Alexander
    City Attorney
    City of Derby, Kansas

    Also Spoke to Haysville Where open carry is legal.

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    Hi, being new here to kansas.i checked out this forum, regarding open carry in Topeka,I seen there is a great debate over is it legal or not.I have ask three people about this here in topeka



    (1)My CCL class instructor: NO OPEN CARRY IN TOPEKA

    (2) A Topeka Police officer at Kwik Mart :NO OPEN CARRY IN TOPEKA

    (3)The Owner of one of our Best Gun Stores: NO OPEN CARRY IN TOPEKA

    so if you want to strap on your 45 and walk through Downtown Go ahead,

    To me is better, just to get The CCL and avoid the whole hassle

    Take Care!

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    Mpdog42,

    Did you not read the email from Assistant City Attorney Catharine Walter?

    I to asked everyone and was told Topeka is not open carry so I emailed my city commissioner who emailed the city manager who emailed the chief of police who emailed the Assistant City Attorney and below is her response.

    Also I choose to trust but verify. Please look up code 18821 or call the city clerk and you will find there is no prohibition against open carry. I don’t know what more proof you need? I have found that police in most cases are not familiar with the law and that is a problem nation wide. The chief of police in Topeka now knows we are open carry were he didn’t before I emailed him. You email him he returns messages.

    We are in the process of educating not only the police but the Topeka public.

    I totally understand your concerns and yes police not knowing Topeka is open carry is valid. Carry a copy of the Assistant city attorneys email and give one to the officer. That will prompt them to research the matter.

    One bit of advice always research the written law before you make up your mind. You can go to the city of Topeka web site and look up all the city ordinances please do that and you will find there is no law against open carry in Topeka.

    Please help us spread the word about open carry.

    Earl


    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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    mpdog42 wrote:
    Hi, being new here to kansas.i checked out this forum, regarding open carry in Topeka,I seen there is a great debate over is it legal or not.I have ask three people about this here in topeka
    (1)My CCL class instructor: NO OPEN CARRY IN TOPEKA

    (2) A Topeka Police officer at Kwik Mart :NO OPEN CARRY IN TOPEKA

    (3)The Owner of one of our Best Gun Stores: NO OPEN CARRY IN TOPEKA

    so if you want to strap on your 45 and walk through Downtown Go ahead,

    To me is better, just to get The CCL and avoid the whole hassle

    Take Care!
    Part of the reason then to open carry in Topeka is to dispel such myths - that's the only way such myths go away - seeing is believing.

    So next time you see your CCL class instructor, why don't you open carry while sipping a cup of joe and say hello to him.

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    Can you open carry on a motorcycle with aCCH permit in places that dont allow opencarry. I know you can in a car.

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    Hey lanceegarrison,

    That is a great question about motorcycles. I posed your question to the concealed carry blog http://www.ksccw.com/site/showthread.php?t=14340 and received a lengthy discussion. Click on the link and enjoy the thread.



    After you read the blog you will probably have to contact the Kansas Attorney Generals Concealed Carry Unit http://www.ksag.org/content/page/id/90 and ask for an opinion.



    Please let us know what you find out?



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    Hey, thanks for the detailed responce,i missed the email.Lisiten i do notwant to get into a explosive debate on this form.i read the email, sounds good...HOwever it my opionion,that people dont copy the email and carry it around.....Why?..Its a copy of a email that was posted to a national web site,I doubt if a Topeka or Shawnee Deputy is going to care when you walk in to Kols with a 9mm on your hip, and some employee calls the cops.and you pull out that email..Hey if you get a chance read the book EVERYTHING YOU NEED TO KNOW ABOUT (LEGALLY) CARRING A HANDGUN IN KANSAS by the AACI.It scared me...explainghow easy it is to get in trouble just carring conceeled and messing up...it also has achapter on Open Carry...i tell you what it says, but you should buy this book....My opinion and its only one but it does come from Retired Law Enforcment, is guys andgals just CCL.....AND YOU CAN RANT AND RAVE THAT YOU HAVE THE LEGAL RIGHT TO CARRY OPEN,but is it worth the hassle to be arrested on another chargelikeBrandshing,or peace disturbance.Is it worth Lawyer fees and bonding out of Jail,Just think about it.

    take care

    mpdog42





  18. #18
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    Idont think we should give up our rights because a cleark calls the police on us. We should educate them. if the police violate your rights sue them an the department.

    We should not bow down to the comming police state. We will not go quietly into that good night The whole nation bowed their necks to the worst kind of tyranny.

    A right unused is lost an will never be returned.Power tends to corrupt, and absolute power corrupts absolutely."Unlimited power is apt to corrupt the minds of those who possess it; and this I know, my lords, that where laws end, tyranny begins."

    Its like we the police say to youdontmind if we search you car do you? If you dont have anything to hide you wont mind will you. I respond with no you may not violate my rights.

    We should not fear the government ,, they should fear us.

    its just a matter of right & wrong, I cant stand a bully.

    is it worth the hassle to be arrested on another chargelikeBrandshing,or peace disturbance.Is it worth Lawyer fees and bonding out of Jail,

    The answer is yes its worth it an more . people have fought and dies for the freedom we justthrough away without a second thought.

    Benjamin Franklin:They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety.



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    Well, since i was quoted it the last post,i feel the need to respond,nobody is saying that open carry is wrong,i saying is itnot worth it in every situation,i carry a 9mm on my hip when i travel out or in state,but i dont walk in to Barnes & Nobel, with it on cause of the hassle,i wish i could quote you some pages off the book i mentioed in the last post,Let take a situation for you.

    (1)You walk in to WALMART with your 9mm on you hip, a manager see you and ask somebody on his radio to call the police,after about ten minutes, two cops walk up and Ask why you are carring a gun, you quote its your right and this and that, the officer ask you to hand over your weapon and you refuse,...All of a sudden a pistol or more or pointed at you and tell you to drop the weapon you refuse and sudently you are tackled from behind,you pistol is ripped and you are handcuffed,You are now charged with(possibly)

    (1)BRANDSHING

    (2)Public disturbance

    (3)armed Criminal action and some many more tack ons

    Uou then have to bond,call your attorney and go to court,proably after six months to a year you will get probation and if you had a CCL it is now gone.

    So you decide is my Second Admin,to carry and you get caught on a traffic stop.now you get to bond out again, go to court and proably go to 120 day shock in State Prison.

    So if you would of had a CCL And stuck your 9mm under your shirt and then walked in to walmart,look what the difference you life would have been.

    Just think about it

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    First of all that will never happen

    1) You must comply with a lawful order, when the officer ask for the gun give it to him safely an be polite. I have done this many times.

    2) Carrying the email does work, I have done this ,when the officer ask why you open carry show him the email an tell him you have spoke to The District Attorney an you are breaking no law. He may Call the D.A. office but it will only confirm what you have said.

    3) A Holstered weapon is not (1)BRANDISHING(2)Public disturbance or (3)armed Criminal action .

    4) You have rights the officer knows this

    5) I got tired of dealing with the clerk calling the police so I got a Legal CCL Badge (you must submit proof of CCL ) an I put it on my hip when I open carry., Not one call after that. when police ask about the badge I tell them the truth. An I am not claiming to be police ...I'M not acting as if I were Police,.. IM following the Law....

    6) I worked for Pismo Beach Police Department For years, although this dose not make me a expert it does give me insight...

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    mpdog42 wrote:
    Hi, being new here to kansas.i checked out this forum, regarding open carry in Topeka,I seen there is a great debate over is it legal or not.I have ask three people about this here in topeka



    (1)My CCL class instructor: NO OPEN CARRY IN TOPEKA

    (2) A Topeka Police officer at Kwik Mart :NO OPEN CARRY IN TOPEKA

    (3)The Owner of one of our Best Gun Stores: NO OPEN CARRY IN TOPEKA

    so if you want to strap on your 45 and walk through Downtown Go ahead,

    To me is better, just to get The CCL and avoid the whole hassle

    Take Care!
    mpdog42,

    Below is the actual city code for Topeka dealing with weapons. Please show me where its says a citizen can’t open carry?



    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.


  22. #22
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    hey, the only thing i can say is that i have tryed to make a honest case for my opinion and its up to the readers to make up there minds how/and if they are going to do so,i do recomend writing to the City Attorney and asking him/her in writing what they law is that way you have a actual letter you can copy and show the police.

    Be smart and stay safe

    mpdog42

  23. #23
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    From earlier posts about his experience in actually doing an open carry with a confrontation with the Topeka PD, Earl knows what he is talking about. This is not debatableor a grey area. You have the right to open carry in Topeka, period.

    Earl had the guts to go find out by actual experience. He prepared well and the outcome was OK.



  24. #24
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    marine0300 wrote:
    12-16,124. Firearms and ammunition; regulation by city or county, limitations.

    (a) No city or county shall adopt any ordinance, resolution or regulation, and no agent of any city or county shall take any administrative action, governing the purchase, transfer, ownership, storage or transporting of firearms or ammunition, or any component or combination thereof. Except as provided in subsection (b) and subsection (a) of K.S.A. 2007 Supp. 75-7c11, and amendments thereto, any such ordinance, resolution or regulation adopted prior to the effective date of this 2007 act shall be null and void.
    Take special note to the underlined and then bolded points. Doesn't this mean that cities/counties can't ban open transport within vehicles? In other words, this specifically states that, IMO, municipalities can't require us to keep our guns "unloaded and encased in a container which completely encloses the firearm," as cities like Shawnee KS do? It seems that the cities are overstepping their boundaries in this regard.

    I suppose the catch would be subsection (b) and (a) of K.S.A.
    2007 Supp. 75-7c11. Where are these so that they can be analyzed?

    EDIT: Disregard my post; I missed this part:
    (b) nothing in this section shall:

    (4) prohibit a city or county from adopting an ordinance, resolution or regulation requiring a firearm transported in any air, land or water vehicle to be unloaded and encased in a container which completely encloses the firearm or any less restrictive provision governing the transporting of firearms, provided such ordinance, resolution or regulation shall not apply to persons licensed under the personal and family protection act.

  25. #25
    KansasScout
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    Except as provided in subsection (b) and subsection (a) of K.S.A. 2007 Supp. 75-7c11,

    Then you have to know what this next part of the sentence and paragraph means and what it refers to.

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